A contempt action is filed when one of the parties to a family law action violates an existing order. Contempt actions can be filed if (1) the other parent is withholding the children or not allowing you to exercise your visitation as ordered; (2) the other party has failed to pay child support as ordered; (3) you have not received spousal support as ordered; (4) the other party has failed to turn over property as ordered; or (5) the other party has failed to perform other acts ordered by the court.
Contempt actions may be resolved either by agreement of the parties or by a judge after a hearing. Evidence is key in contempt cases; therefore, it is important that you keep accurate records and document everything that the other party has failed or neglected to do in violation of the court order. If a judge is forced to hear the case, he/she has some discretion in how he/she resolves these disputes; and most judges will give the offending party an opportunity to cure the contempt prior to resorting to harsher penalties such as jail time and/or awarding the other party his/her attorney’s fees and court costs.
If you are the plaintiff/petitioner or defendant/respondent in a contempt action, the Alfred Law Firm can assist you if your case is in Cobb, DeKalb, Fulton, Cherokee, Paulding, Bartow, Clayton, Douglas, Floyd, Newton, Forsyth, Gwinnett, Polk, Carroll or Henry county. Call us now at 404-494-0027 to discuss how we can help.