Contempt and Other Enforcement Actions

When a court order is violated, it can cause significant stress and complications for everyone involved. Understanding what contempt of court is and how it applies to family law cases can help you protect your rights and ensure enforcement of agreements related to child custody, child support, alimony, and other important matters.

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What is Contempt of Court?

Contempt of court occurs when an individual refuses to comply with a court order. The violation must be intentional or willful. Contempt is a serious matter that may lead to penalties, including fines or jail time. Common reasons for contempt include failure to pay child support or alimony, not following custody agreements, or not adhering to other financial obligations.

Enforcing Court Orders in Georgia

Types of Orders That Can Be Enforced

Under Georgia law, several types of family law court orders can be enforced, including:

  • Child Custody Agreements: Ensuring both parents adhere to the custody and visitation schedule set by the court, and taking action when one parent fails to comply with the agreed terms.

  • Child Support and Alimony Payments: Holding individuals accountable for making child support and alimony payments as specified in the court order. Non-payment can lead to legal consequences, including wage garnishment, driver license suspension or jailtime.

  • Division of Assets and Debts: Ensuring the fair division of assets and debts as outlined in a divorce settlement or court ruling. Georgia courts have the authority to enforce the division of property, including real estate, retirement accounts, and debts, according to the final divorce decree.

With our extensive experience in Georgia family law, we are committed to helping clients enforce court orders related to child custody, support, alimony, and asset division, ensuring compliance and protecting your rights.

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Every order matters. We’ll help you follow it right.

When court orders are ignored, your rights —and your child’s well-being—can be at risk.

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What are the legal consequences of violating a court order?

Legal Consequences of Violating a Court Order

In Georgia, failing to comply with a court order can result in significant legal consequences. These may include:

  • Penalties for Non-Compliance: The court may impose fines or other sanctions for individuals found in contempt of court.
  • Wage Garnishment: The court may order that a portion of the violator’s wages be withheld directly from their paycheck to enforce payments.
  • Potential Jail Time & License Suspension: In cases of severe or repeated violations, particularly with child support or custody orders, a judge may impose jail time or suspend a driver’s license.

These penalties are intended to ensure compliance with court orders and protect the rights of the other party involved.

Fighting False Allegations with Facts and Experience

Defending Against Baseless Contempt Claims

If you are accused of violating a court order, you have the right to defend yourself against baseless contempt claims. Some ways to do this include:

  • Proving Compliance: You can present evidence showing that you have followed the terms of the court’s order. This could include payment receipts, records of visitation, or any other documentation that proves your adherence to the order.

  • Valid Defenses: If you were unable to comply with the court order, you may be able to demonstrate that it was due to circumstances beyond your control. Examples of valid defenses include illness, unemployment, financial hardship, or an inability to access the necessary resources to comply.

It is essential to work with a skilled attorney who can help present your case and gather the necessary evidence to protect your rights.

Baseless claims meet solid legal strategy.

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Trust us to help you navigate court order complexities.

Experts in Law

How Tannen Law Group Can Help

At Tannen Law Group, we offer strong legal representation to help clients take appropriate action in enforcing court orders. Our experienced team works diligently to ensure your rights are upheld—whether that means representing you in contempt hearings or taking other legal action. We can also assist in defending against wrongful contempt claims to ensure you are treated fairly under the law.

Here’s how our experience and personalized approach make a difference:

  • Deep Local Knowledge: We understand how different counties in Georgia handle family law matters and tailor our strategy based on the judge, opposing attorney, and local court practices.

  • Experienced Team: Our attorneys have years of experience with contempt cases involving child custody, child support, alimony, and division of property.

  • Strategic Advocacy: We evaluate all evidence and other factors and build a case strategy that puts you in the strongest position possible.

  • Personalized Guidance: Every case is unique. We work closely with you to understand your situation and develop a solution that meets your specific needs.

  • Cost-Conscious Solutions: We use techniques to minimize legal and court fees whenever possible, focusing on efficient resolutions without compromising results.

  • Clear Communication: From start to finish, we keep you informed and involved, so you feel confident and supported every step of the way.

 

Whether you’re enforcing an order or defending against an unfair claim, Tannen Law Group is here to advocate for you with experience and care.

Frequently Asked Questions

If you’re dealing with a court order that isn’t being followed—or you’ve been accused of violating one—it’s normal to have questions. Our FAQs below are here to help you understand your rights, what to expect, and how Tannen Law Group can support you through the process.

If your ex is not complying with a court order, it's important to seek legal help to understand your options for enforcement. A lawyer can guide you through the process of petitioning the court to enforce the order or advise you as to other alternatives.

If you are unable to afford child support due to financial hardship, it's important to address this with the court. You may be able to request a modification to the child support order or show that you are making reasonable efforts to comply. Simply not paying can result in contempt of court charges, so it’s crucial to seek legal counsel.

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