Cobb County Enforcement and Contempt
William C. Gentry — a Marietta, Georgia, Family Law Attorney
When the judge issues a final decree regarding the parties divorce, child support, alimony (spousal support), or custody and visitation issue, or if the parties have reached an agreement to settle these issues, both sides are legally obligated to honor the terms of that decree. If either party fails to do so, the other can file a contempt motion, and the judge can enforce the original terms of the divorce decree with all the authority of the court — including a jail sentence.
If your ex-spouse or your child's parent is in contempt of the judge's decree or if he or she files a contempt motion against you, you need to make sure your rights are respected. For a free initial consultation with lawyer William C. Gentry, contact Gentry, Smith, Dettmering, Morgan & Schnatmeier, LLP online or call 770-425-5573.
Typical Contempt Scenarios in Georgia
Most contempt motions are filed as a result of failure to pay child support, failure to pay alimony or failure to properly adhere to the court-mandated custody and visitation schedule. Since real estate and mortgage issues are also frequently involved, many contempt motions also result from a failure to refinance a mortgage. In order for a judge to enforce a contempt motion, two things must be shown:
- The terms of the original decree or agreement have, in fact, been violated.
- There is no reasonable excuse for the decree or agreement to have been violated.
After this is shown, the judge has three ways to enforce the order:
- Put the offending party in jail until he or she starts complying with the order
- Force the offending party to pay the other party's attorney's fees. This creates an incentive not to violate the decree in the future
- Come up with a case-specific solution. The judge has broad authority to deliver even creative means of enforcing the terms of the original decree.
As a husband of over 20 years and a father of two, William C. Gentry understands the importance of family and seeks to minimize the emotional toll this litigation takes on those involved. To obtain more information or to schedule a free initial consultation, just click here or call 770-425-5573. Night and weekend appointments are available, and credit cards are accepted.
