After your divorce or custody case ends, the court’s orders are not optional. If your former spouse stops paying child support or alimony, ignores the parenting schedule, or refuses to follow another part of the decree, an Athens, GA contempt lawyer can help you enforce the order. Attorney Samuel E. Thomas files contempt actions for clients in Athens and across Northeast Georgia. He also defends parents who have been accused of contempt.
Court Orders Are Legally Binding
Once a judge signs your final decree or custody order, every term in it is a court order. Both former spouses must follow it. For this reason, clear and detailed agreements matter so much during the original case.
When one party willfully refuses to follow an order, the other party can ask the court to hold that person in contempt. However, contempt generally requires a willful violation. For example, a parent who truly cannot pay because of a job loss may have a defense. In that situation, the better step is often a petition to modify the order. Georgia’s alimony and child support laws are in Title 19, Chapter 6 of the Georgia Code.
How to Respond When an Order Is Violated
First, do not take matters into your own hands. If your former spouse stops paying child support, you still cannot keep the children from visitation. Likewise, if the other parent misses visits, you still must pay support. Each part of the order stands on its own, so breaking one term to punish a violation of another can put you in contempt too.
Instead, keep records. Save payment histories, texts, emails, and a calendar of missed or denied visits. Then talk with an attorney about your options. A contempt action asks the judge to enforce the order, and the court can order the other party to pay what is owed.
Contempt is not limited to unpaid support. For instance, it can also apply when a parent:
- Denies the other parent court-ordered parenting time
- Moves with the children without following the order’s relocation terms or Georgia’s notice requirements
- Makes a major decision about school, religion, or medical care alone when the parents share joint legal custody
- Refuses to transfer property, sign documents, or pay debts as the divorce decree requires
On the other hand, if your former spouse has filed for contempt against you, do not ignore the court notice. Attorney Thomas can review the order, help you gather proof, and present your defense.
Talk With an Athens Contempt Lawyer
If you have been kept from seeing your children, have not been paid what you are owed, or have been accused of contempt, act quickly. Call 706-546-0999 or book a consultation online. You will work directly with Attorney Samuel E. Thomas. For related issues, see our pages on child custody, alimony, and property division.