Contempt Proceedings

Division of property, alimony, child custody and support are all created and enforced by court orders. Unlike contracts (such as when you lease an apartment or buy a house), orders in family law matters can be enforced by a judge using the court’s contempt powers, which can include incarceration, imposition of a fine and/or an award of attorney’s fees. Often, the judge orders the party in contempt to do something specific in order to come back into compliance with the court order. One key issue in contempt proceedings is whether or not the defendant purposefully, or “knowingly,” violated the court order. In financial matters such as payment of alimony or child support, the Court also considers the ability of the defendant to comply. Thus, loss of income may be relevant. The fundamental goal of most contempt proceedings is to force the defendant to comply with the court order.

To understand more about your contempt proceedings case in Georgia, call the lawyers at Collard Family Law today.