A Complete Guide to Enforcing Family Law Orders in Georgia: From Child Support Violations to Custody Disputes
When a family law judge issues a final order—whether it's a divorce decree, a parenting plan, or a child support obligation—that order has the full force of law behind it. But what happens when someone ignores that order? What if your ex refuses to pay child support, denies your visitation rights, or doesn’t follow the terms of your custody arrangement?
In Georgia, when someone disobeys a court order in a family law or divorce case, they can be held in contempt of court. Contempt actions are powerful legal tools to enforce court orders and protect your rights and your children’s well-being.
In this comprehensive guide, we’ll explain everything you need to know about contempt actions in Georgia family law: what they are, how to file, what penalties are possible, and how to defend yourself if you’re accused.
What Is a Contempt Action in Georgia Family Law?
Contempt of court occurs when a person willfully disobeys a lawful court order. In the context of family law, it typically involves violations of orders relating to:
- Child support
- Custody or visitation schedules
- Alimony payments
- Property division orders
- Restraining or protective orders
There are two types of contempt in Georgia:
- Civil Contempt: The goal is to compel compliance with the court’s order. For example, if your ex-spouse hasn’t paid child support, the court may hold them in contempt until they pay what’s owed.
- Criminal Contempt: This is punitive. The court may punish someone for showing disrespect to the court or for obstructing justice, such as continually violating court orders even after warnings or previous contempt findings.
In most family law cases, contempt actions are civil in nature. The idea is not to punish, but to enforce the order and ensure future compliance.
Common Scenarios That Lead to Contempt in Georgia Family Law
Some of the most frequent contempt situations in family law cases include:
- Nonpayment of child support or alimony
- Failure to transfer property or assets after divorce
- Violating a custody or visitation order (e.g., denying the other parent parenting time)
- Refusing to return the child after visitation
- Ignoring a protective order
- Failing to follow provisions of a parenting plan
Each of these violations can seriously impact the rights of the other party and the well-being of any children involved, which is why the court takes them seriously.
Legal Requirements to File for Contempt in Georgia
You can’t file a contempt action just because someone’s behavior feels unfair. You must meet certain legal requirements. To prove contempt, you must show that:
- There was a valid, clear, and lawful court order in place
The order must be specific enough that a person could clearly understand what they were required to do. - The person had knowledge of the order
This typically means they were served with the order or were present in court when it was issued. - They willfully disobeyed the order
“Willful” means the person knew what the order required and chose not to follow it without a valid excuse.
Examples of Valid Contempt Cases:
- A parent ordered to pay $800/month in child support who has not paid in six months despite being employed.
- A spouse who refuses to sign over title to a vehicle awarded to the other party in the divorce decree.
- A parent who repeatedly refuses to let the other parent see the child during scheduled visitation times.
How to File a Contempt Action in Georgia Family Court
If you believe the other party has violated a court order, you can file a Motion for Contempt in the same court that issued the original order. Here's how the process works:
1. Prepare the Motion
You or your attorney will prepare a Motion for Contempt, outlining:
- The court order that was violated
- The date of the order
- Specific actions the other party took (or failed to take)
- How those actions violate the order
2. File the Motion With the Court
The motion must be filed in the same court that issued the original family law order. You’ll typically file it in the superior court in your county.
3. Serve the Other Party
The opposing party must be properly served with the motion. This gives them notice and a chance to respond.
4. Attend the Hearing
The court will schedule a hearing. At the hearing, the burden is on you (the party bringing the contempt motion) to prove that the other person violated the order willfully.
You should bring:
- A copy of the original court order
- Any emails, texts, or other documentation showing the violation
- Witnesses, if applicable
- Payment records or financial documents (in support or alimony cases)
Having an attorney represent you can be critical—especially if the other side also has legal representation or if jail time is on the table.
Defending Yourself Against a Contempt Motion in Georgia
If you’ve been accused of contempt, it’s important not to ignore the motion. You have the right to defend yourself and explain your side.
Common defenses include:
- Inability to comply: You were physically or financially unable to follow the order (e.g., job loss or illness made it impossible to pay child support).
- Lack of notice: You didn’t know about the order (very rare if you were present at the court hearing).
- Ambiguous order: The court order was unclear or subject to multiple interpretations.
- Mistake or misunderstanding: You thought you were complying or had a good-faith belief you didn’t need to act in a certain way.
Important:
In civil contempt cases, the judge may require you to prove your defense. For instance, if you claim you couldn’t pay child support, you’ll need to provide detailed financial documents showing your income and expenses.
Penalties for Being Held in Contempt in Georgia
Georgia courts have wide discretion in determining how to enforce their orders. If someone is held in contempt, the judge may impose one or more of the following penalties:
For Civil Contempt:
- Fines
- Payment of back support or arrears
- Make-up visitation time
- Wage garnishment
- Suspension of driver’s license or professional licenses
- Attorney’s fees for the other party
- Incarceration (until compliance is achieved, such as making a payment)
For Criminal Contempt:
- Jail time up to 20 days per offense
- Court fines
- No opportunity to "purge" the contempt through compliance
Incarceration is typically a last resort and more likely if the court finds the person’s disobedience to be flagrant, repeated, or disrespectful to the court.
Alternatives to Contempt Actions in Family Law
While contempt actions are sometimes necessary, they can also increase conflict and prolong litigation. In some situations, other approaches may be more effective:
1. Mediation
Mediation involves working with a neutral third party to resolve disputes. If the other parent isn’t following the parenting plan, a mediator may help both sides find a practical solution without going back to court.
2. Negotiation Through Attorneys
A letter from your attorney reminding the other party of their obligations can sometimes resolve the issue quickly and amicably.
3. Modify the Court Order
If circumstances have changed—like a job loss, relocation, or a change in the child's needs—you may be able to request a modification of the existing order. This is better than ignoring the order and risking a contempt charge.
Frequently Asked Questions (FAQ) About Contempt in Georgia Family Law
Can I go to jail for contempt in a family law case?
Yes. In civil contempt cases, you can be jailed until you comply with the court order (such as paying overdue support). In criminal contempt cases, you may face a fixed jail sentence.
How long does a contempt case take in Georgia?
It depends on the court’s schedule and the complexity of the case. Some may resolve in a few weeks, others may take several months.
What happens if the other party accuses me of contempt unfairly?
You have the right to defend yourself. Gather all relevant documents and be prepared to explain why you didn’t violate the order—or why your actions weren’t willful.
Can a contempt finding affect my custody rights?
Yes. If the court finds that you violated a custody or visitation order, it may consider that when deciding future custody or parenting time arrangements.
Do I need a lawyer to file or defend a contempt action?
You can represent yourself, but legal representation is strongly recommended—especially if jail time, complex financial records, or child custody issues are involved.
Enforcing Court Orders and Protecting Your Rights
Court orders in family law cases are not suggestions—they are binding, legal commands. If someone is willfully violating them, you have the right to take action through a contempt proceeding. Likewise, if you’re accused of contempt, you must take it seriously and prepare a solid legal defense.
Whether you're seeking to enforce a custody arrangement, collect overdue child support, or defend yourself against a contempt motion, the best first step is to speak with an experienced Georgia family law attorney.
At The Sherman Law Group, our experienced family lawyers help clients across Georgia navigate the complexities of contempt actions and protect what matters most. Contact us today to schedule a confidential consultation.