Know Your Rights If Divorce Orders Are Not Being Followed
All agreements approved and ordered by the court must be complied with in full by both parties in a divorce. If either party does not follow the court order, he or she is considered to be in contempt of court. These are intentional violations of a court order and are punishable by fines, attorney’s fees and even jail time.
If you require assistance with a former spouse who is violating your divorce order, we can help you hold him or her in contempt of court. These are serious situations that require prompt action. Do not let a child or alimony payment slip by just because you are afraid to take legal action. Divorce orders must be followed and fully complied with. They are not optional and particularly with child custody orders, have been found to be in the best interests of the child.
The Law Offices of Abbott & Abbott P.C. helps clients with all types of contempt actions related to family law orders. From child support agreements to alimony payment plans, we are there for our clients and aggressively seek compliance from the noncomplying party. If there are grounds for contempt, we will immediately make the court aware of it and seek full imposition of penalties.
To schedule a consultation, please contact us online to speak to one of our contempt action attorneys.
The Contempt Of Court Process
While there are many kinds of contempt actions, the three main types that relate to family law are:
- Divorce contempt actions — Once the divorce decree was finalized it becomes legally binding upon both parties. Certain aspects of the divorce order, including alimony payments and actions required in property division can be intentionally or willfully ignored by an ex-spouse. If you find that your ex-spouse is not complying with any aspect of the divorce order, seek legal advice immediately.
- Child support contempt actions — Child support is not optional and is in fact a child’s right. If the noncustodial spouse is constantly behind on payments, falls short on payments or completely neglects making payments, he or she is in contempt and can face severe consequences including jail time.
- Child custody contempt actions — The whole purpose behind a child custody agreement is to provide stability and peace to the child who has gone through the divorce of his or her parents. Their best interests are always kept in mind and when either parent violates the agreement, including relocating without seeking a modification or failing to follow the visitation schedule, contempt action should be taken.
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If your legal custody and parenting agreement no longer fits your family's needs, either parent can seek a modification in Georgia. After the court approves your initial parenting plan, you can request a change in visitation or parenting time once every two years....