Contempt of Court & Enforcement Attorney in Johns Creek & North Atlanta

Contempt of Court occurs when a person willfully disobeys a valid court order. In Georgia family law, contempt is the primary tool for enforcing orders related to custody, visitation, child support, alimony, and property division. The key word is willful. The court must find that the person had the ability to comply with the order and chose not to.

A parent who loses their job and cannot afford court-ordered support has an inability defense, not a willful violation. A parent who earns sufficient income but chooses to spend it elsewhere does not. If circumstances have genuinely changed, the proper remedy is to file a modification petition, not to simply stop complying.

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Child custody and visitation order violations are among the most common enforcement cases we handle. When a parent refuses to follow the parenting schedule, withholding visitation, failing to return a child on time, or unilaterally changing custody arrangements, the other parent can file a contempt motion. Georgia courts take custody order violations seriously because they directly harm children. Remedies include makeup parenting time, modified parenting arrangements, and fines.

Child support enforcement addresses nonpayment of court-ordered support. Georgia has aggressive enforcement tools for child support arrears. The court can order wage garnishment (income deduction orders), suspend driver’s licenses, and impose jail time. Back child support accrues interest at 7%. Attorney Kevin Markes has successfully recovered over $40,000 in unpaid child support in a single DeKalb County case through contempt proceedings.

Alimony enforcement follows similar procedures to child support enforcement, though the available remedies differ slightly. Courts can hold a non-paying spouse in contempt and impose the same sanctions: wage garnishment, fines, and jail time.

Property division enforcement addresses situations where one spouse fails to transfer assets, refinance property, divide retirement accounts, or complete other financial obligations ordered in the divorce decree. QDRO noncompliance, where a spouse fails to execute the Qualified Domestic Relations Order dividing a retirement account, is a common enforcement action. Courts can impose sanctions for noncompliance.

The procedural framework for contempt proceedings differs across the three counties Tannen Law Group practices in. Mediation requirements, status conference structure, and discovery deadlines vary. Understanding these differences before filing helps plan the case correctly from the start.

| Feature | Forsyth County | Fulton County | Gwinnett County | |—|—|—|—| | Mediation in Contempt | Generally used, not mandatory. Commonly chosen because it is effective and cost-effective. | Mandatory mediation in contested cases; part of the court’s structured case-management approach. | Generally used, not mandatory. Commonly chosen because it is effective and cost-effective. | | Status Conferences and Pretrial | No special 30/60/120-day structure described. | 30-day status conference, 60-day status conference, and 120-day pretrial hearing are mandatory. | No 30/60/120-day structure described; less formal scheduling than Fulton. | | Mediation Timing vs. Hearings | Generally used at the temporary or contempt hearing stage, though not required. | Mediation is built into the case flow along with status conferences and pretrial. | Generally used at most stages, though not required to get in front of a judge for a Temporary Hearing. | | Mandatory Discovery Deadline | The Court itself does not have its own discovery. | The Court’s mandatory discovery is due at 30 days (not 60). Judges may grant 1 to 2 extra weeks or push to 60 days for Respondents or if the Petitioner needs additional time. | The Court itself does not have its own discovery. |

The court your contempt case is filed in shapes the procedural posture from day one. Knowing whether you face mandatory mediation before every hearing, whether the court runs a fixed status conference schedule, and whether mandatory discovery is due in 30 days or on a more flexible timeline all affect how the case gets built.

Not every accusation of contempt is legitimate. If you have been accused of violating a court order, you have the right to defend yourself. Valid defenses in Georgia contempt proceedings include genuine inability to comply (not unwillingness), ambiguity in the original order, substantial compliance with the order’s terms, changed circumstances that make compliance impossible, and the other party’s own noncompliance (unclean hands).

The distinction between inability and unwillingness is critical. A parent who loses their job and cannot afford court-ordered support payments has an inability defense. A parent who earns sufficient income but chooses to spend it elsewhere does not. If circumstances have genuinely changed, the proper remedy is to file a modification petition, not to simply stop complying.

At Tannen Law Group, we represent both Petitioners seeking enforcement and Respondents defending against contempt allegations. Regardless of which side you are on, thorough preparation and clear evidence are essential.

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Court order enforcement requires an attorney who understands both the legal procedure and the practical dynamics of making a noncompliant party take court orders seriously. Attorney David Tannen has practiced family law litigation since 2002, including enforcement and contempt actions across multiple Georgia counties. Attorney Kevin Markes brings courtroom intensity from his background as a former criminal trial attorney, a skillset that translates directly to contempt proceedings where the stakes include potential incarceration.

Our approach to enforcement is methodical. We document violations thoroughly, file motions with specific evidence, and present cases that leave judges with a clear basis for imposing sanctions. We do not file frivolous contempt motions, and we advise clients honestly about the strength of their enforcement case before proceeding.

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