Contempt of Court in Georgia
The Law Offices of Attorney Sean R. Whitworth is dedicated to guiding you, the client, through the legal proceeding as it relates to all Family and Divorce Law issues. We charge flat fees and believe in treating our clients fairly. When it comes to serious issues such as contempt of court, we have the legal expertise and experience to find solutions for our clients. We are located in Marietta, Ga, and offer free consultations for all clients.
What is Contempt of Court?
Contempt of court deals with disobedience or disregard of a court order directed at a party in the litigation. When you are subjected to an order of the court, it is essential that you take this order seriously and obey the order or be proactive if you find yourself in a situation in which you are unable to follow the order. The court has a great deal of authority to enforce the orders issued out of its courts and can impose fines and/or order time in jail in an effort to seek compliance.
A party who receives an order from the court directing another party to perform a specific action can seek relief from the court in the form of a motion for contempt when the offending party refuses to comply with the court order. In Georgia, a contempt action must be filed in the court that issued the order, and as an ancillary motion to the original action, the court that issued the original action will maintain jurisdiction to enforce it. This simply means that when seeking to file contempt you must file it in the court that issued the order that is not being obeyed. There is an exception in Georgia that involves a modification of a divorce action, and in this circumstance, the court hearing the modification may attach the contempt from the same original order being modified.
After the motion is filed and properly noticed on the offending party there will be a hearing in which the court will hear the evidence. It is important that you seek legal counsel if faced with contempt, as the consequences can be severe. If the court determines that you are willfully in contempt, meaning that you showed an utter disregard for the court’s order, you could face incarceration for a specified period or until such time as a specified action is performed, which usually involves child support payments.
This is called a purge payment, and if you go to court owing substantial amounts, this amount will be substantial and you may be incarcerated until such time as this payment is made. Because of this it is important that you be proactive when unable to comply with the order of the court and file the necessary modification to prevent contempt, before you are too deep in arrears with child support or simply unable to comply for reasons beyond your control.
Before you fall behind, the safer route is usually a modification, not a contempt defense. Contempt is also how alimony orders get enforced when payments stop. If the underlying order itself was legally wrong, the remedy is an appeal, and the clock is 30 days. Contempt actions are handled on a flat fee basis. Request a consultation at our Marietta office.
In Matters Involving Family Law, Contempt Actions Usually Involve:
- Failure to pay child support and/or alimony or continue healthcare benefits
- Failure to follow child custody and/or visitation orders
- Failure to sign documents necessary to facilitate the transfer of property
- Failure to pay attorney fees ordered on behalf of the other party
- Failure to surrender property or allow access to the property
Frequently Asked Questions about Contempt of Court
Contempt is the failure to obey a valid court order. In family law it usually means unpaid child support or alimony, refusing to follow a custody or parenting time schedule, or refusing to sign documents the decree requires. The court that issued the order enforces it.
In the court that issued the original order. That court keeps jurisdiction to enforce its own judgment, and the contempt is filed as an ancillary motion to the original case. There is a limited exception when a modification is pending, where the court hearing the modification may also address contempt on the same order.
Willful means you had the ability to comply and chose not to. Genuine inability to pay is a defense, but you have to show it with records. A parent who lost a job and filed for modification is in a very different position from one who simply stopped paying.
Yes. In civil contempt a judge can order incarceration until you comply, which usually means paying a purge amount set by the court. The phrase judges use is that you hold the keys to your own cell. The larger the arrears, the larger the purge figure tends to be.
It is the amount a judge sets that must be paid to end the contempt and secure release. It is not always the full arrears, but if you appear owing a substantial balance the purge figure will usually be substantial too.
Act before the arrears build. File a petition for modification as soon as your income drops. Under O.C.G.A. 19-6-15(j), an involuntary loss of income of 25 percent or more stops the affected portion of support from accruing as of the date the other parent is served. Waiting does not preserve that protection.
Often yes. Georgia courts have authority to award attorney fees against a party found in contempt, which is one reason a well documented contempt petition is worth filing rather than absorbing the loss.
After the motion is filed and properly served, the court holds a hearing and takes evidence from both sides. Bring payment records, bank statements, text messages, and a written timeline. Contempt cases are won and lost on documentation.
