Contempt - Failure to Comply

In some divorce cases, finalizing a settlement or obtaining a court order is only half the battle. If your ex-spouse is failing to honor the terms of your divorce settlement or child custody or support order, you may feel like you have nowhere to turn.

We can help. At Burns Smith Law, PC, in Canton, Georgia, we offer comprehensive family law counsel and this includes assistance with enforcement. When your ex has failed to follow an order, call us at 770-956-1400 to arrange a consultation to discuss how we can help you.

We have represented family law clients in Cherokee County and the surrounding areas since 1993.

What Is Contempt?

In Georgia, contempt is the willful violation of a court order. We can help you file for contempt if your ex is:

  • Not paying child support or not paying the right amount, resulting in child support arrears (money owed)
  • Failing to pay alimony properly according to the order
  • Failing to follow court orders related to custody or visitation

If your ex has arrears, a successful contempt filing will allow you to collect what is owed and enforce payment from here on out.

You may not have to pay any fees for your contempt case. If you win, we will ask the court to pay your lawyer’s fees — you should not be responsible for paying them.

What Should You Do If You Cannot Follow A Court Order?

In some cases, there may be a good reason to disobey a court order. Maybe your child would be in danger if you complied with your child custody or visitation order. Maybe you cannot pay child support because you have been laid off or you think an order is no longer fair because your ex is making much more money than previously.

If you believe you cannot or should not follow a court order, contact us to discuss your options during a consultation. If circumstances have changed substantially since the order was put into place, we will work to modify the order.

It is important not to simply stop honoring an order — unless someone is in danger of being harmed — because you could be found in contempt.

Always keep good records and receipts to avoid false accusations of contempt.

Ask An Attorney To Review Your Case

When you have questions about child custody or support contempt, contact our lawyers in Canton. We offer confidential consultations. We encourage you to contact us as soon as possible so that we can begin working to get the situation under control. Call 770-956-1400 to get started.

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