Contempt of Court Actions Attorney in Statesboro

Contact Our Statesboro Family Law Attorney to Assist You with Contempt of Court Actions

If your ex-spouse has failed to abide by the terms of your divorce settlement, you have recourse through legal action. The court that issued your divorce decree, including all terms such as child support and alimony orders, has the power to enforce those orders. This can be done through contempt of court actions that you can initiate. 

If you need legal assistance in gaining your ex-spouse’s compliance in a child support, alimony, or other divorce settlement issue, the Brannen Law Office, P.C. is here to help. Our Statesboro family lawyer is a seasoned litigator who is well-versed in family court legal matters and procedures.

Need help enforcing a divorce court order? Call our Statesboro family lawyer at (912) 225-0066 or reach out online to discuss your case and legal options.

Types of Contempt Issues in Georgia Family Law

In Georgia, "contempt" refers to the willful disregard or disobedience of a court’s authority or its lawful orders. In the context of family law, these actions are almost always "civil" in nature, meaning the primary goal is to compel the offending party to comply with the existing order. 

Under Georgia law, particularly Title 15 and Title 19 of the Official Code of Georgia Annotated (O.C.G.A.), a party can be held in contempt for a variety of violations, including:

• Failure to Pay Child Support or Alimony: This is the most common ground for contempt. If a parent or former spouse fails to make court-ordered payments, they are in direct violation of the financial provisions of the decree.
• Violations of Parenting Plans: If one parent consistently denies visitation, refuses to return the children at the scheduled time, or fails to consult the other parent on major decisions as required, they can be held in contempt.
• Failure to Divide Property: If a final judgment and decree of divorce requires one party to transfer a title, sell a home, or divide a retirement account and they refuse to do so, a contempt action is the appropriate remedy.
• Failure to Maintain Insurance: Many orders require a party to provide health or life insurance for the benefit of children or a former spouse. Failing to provide proof of this coverage is a common basis for a legal filing.

It is important to understand the distinction between "direct" and "indirect" contempt. Direct contempt occurs in the presence of the judge (such as an outburst in the courtroom). Indirect contempt—which encompasses almost all family law enforcement—occurs outside the courtroom when a party fails to follow the written instructions of the court. 

A contempt of court action attorney in Statesboro must be skilled in presenting the evidence of these external violations to the court.

What To Expect When Filing a Contempt Motion

Filing a contempt motion can feel intimidating if you have never been back to court since your divorce or custody order was entered. Having a clear roadmap of the process can reduce uncertainty and help you prepare for each step. While every case is unique, most enforcement matters in Statesboro and the surrounding area follow a similar path from the initial filing through the hearing and final order.

We begin by reviewing your existing orders and confirming that they are clear enough for the court to enforce. The next step is preparing a written motion that explains which parts of the order have been violated, how often the violations have occurred, and what relief you are asking the court to grant. 

After the motion is filed with the appropriate family court, the other party must be formally served so they have notice of the allegations and an opportunity to respond. Once service is complete, a hearing date is usually scheduled, giving both sides time to gather records and prepare testimony.

At the hearing, the judge may ask questions of both parties and review documents, payment histories, and any other evidence presented. The court will decide whether a violation occurred, whether it was willful, and what steps are necessary to address it. 

Possible outcomes can include payment plans, make-up parenting time, attorney’s fees, and, in serious situations, jail time that can be avoided by complying with the order. Throughout this process, we remain available to explain what is happening, prepare you for your appearance in court, and help you make informed decisions at each stage.

Penalties for Non-Compliance with Court Orders

Per Georgia law, contempt of court generally means the willful refusal to comply with a court order. At the time that your divorce was settled, child support payments and alimony payments were established and ordered by the judge presiding over your case. These became part of the written and final court orders. When an individual fails to abide by these orders through nonpayment, he or she may face some serious consequences.

Georgia judges take the violation of their orders seriously. If the court finds that a party has willfully disobeyed an order, the penalties can be severe and immediate.

The primary purpose of a contempt finding is to fix the problem. The judge may order:

• The "Purge" Requirement: The court often orders the party to pay a specific amount of money or perform a specific act (like signing a deed) by a certain date to "purge" themselves of the contempt.
• Incarceration: A judge has the power to order the offending party to jail until they comply with the order. This is often described as the party "holding the keys to their own cell"—once they pay or comply, they are released.
• Income Deduction Orders: For support cases, the court can implement a direct garnishment of wages to ensure future payments are made on time.

Collateral and Financial Impact

• Attorney's Fees and Costs: Under O.C.G.A. § 19-6-2, a judge can order the party in contempt to pay the legal fees and court costs of the other party. As a Statesboro contempt of court actions lawyer, we frequently seek these awards to ensure our clients are made whole.
• Impact on Future Custody: While a contempt finding does not automatically change custody, a pattern of disregarding a parenting plan can be used as evidence in a future "Modification of Custody" action to show that a change is in the child's best interest.
• Suspension of Licenses: In cases involving significant child support arrears, the state can move to suspend the non-paying parent's driver's license or professional licenses.

Bring Your Case to an Experienced Family Law Attorney

If you are in the position of being denied child support or alimony payments, you will need to seek recourse through filing a motion with the court. Once this is done, you and your ex-spouse will need to appear before the judge, who will enforce the payments through the above actions. 

At the Brannen Law Office, P.C., our Statesboro contempt of court lawyer knows how to provide the legal assistance required to bring a contempt of court action against your ex-spouse.

Preparing for a contempt hearing involves more than simply telling the court that the other party is not following the order. You will need to gather documents such as payment records, bank statements, texts or emails, and any written communication that shows the history of the problem. 

In cases involving visitation or custody violations, it can be helpful to keep a detailed log of missed parenting time, late exchanges, or interference with communication. We can help you organize this information in a way that clearly shows the pattern of noncompliance to the judge.

When you bring your case to our office, we can assist you in several key ways:

• Evaluating your options. We review your orders, the other party’s conduct, and any prior court activity to determine whether a contempt motion, a modification request, or another enforcement tool is the best fit for your circumstances.
• Organizing your evidence. We help you gather and present records, messages, and logs in a clear, chronological format so the judge can quickly see the scope of the problem.
• Preparing you for court. We explain what will happen at each stage, discuss possible questions you may be asked, and work with you on how to present your concerns calmly and effectively.
• Pursuing practical outcomes. We focus on remedies that are realistic for your situation, such as payment plans, make-up parenting time, or clarifying language in your existing orders.

Frequently Asked Questions

Can I Pursue Contempt If My Ex Is Sometimes Paying but Often Late?

Yes, a pattern of chronic late payments can still support a contempt action if it shows an ongoing refusal to follow the court’s order as written. The judge will look at the overall history of payments, any reasons offered for the delays, and whether the behavior has improved after past warnings. Bringing records that clearly show the timing and amounts of each payment will help the court see the full picture.

What If My Ex Claims They Cannot Afford To Pay the Ordered Support?

When someone argues that they cannot afford to comply with a support order, the court will examine their income, expenses, work history, and efforts to find or maintain employment. In some cases, the judge may decide that a modification request is more appropriate than punishment if the person truly cannot pay. However, if the court finds that the person has the ability to pay but chooses not to, contempt remedies remain available.

Do I Have To Keep Letting Visitation Happen If the Other Parent Is Behind on Support?

Support and visitation are treated as separate rights and responsibilities under Georgia law, so you generally must continue to follow the parenting schedule even if payments are not being made. Withholding visitation can expose you to your own enforcement issues and does not solve the underlying problem. Instead, documenting missed payments and pursuing proper legal channels for enforcement is usually the safer and more effective path.