Sometimes a party simply does not want to comply with a court order regarding an area of family law or divorce. Instead of doing something rather foolish that can backfire, the other person should hire a good, experienced attorney and take the matter back to court so that a judge can impose sanctions on the non-compliant party. Procedurally, a motion is filed explaining to the court what the other party has or has not done. In Georgia, the motion is filed in superior court and a hearing is requested.
Most violations of divorce orders involve three areas: (1) child support, (2) custody, and (3) visitation. They can include failure to pay child support or preventing the other party from seeing their kids. Violations, however, can include just about any aspect of a divorce agreement, from property issues, to debt apportionment to alimony.
In Georgia, not paying child support or not complying with a visitation order can result in fines or jail. The other party may also have to pay attorney fees and costs. The court has the power under Georgia law to craft other punishments depending on the particular situation. As an example, if a parent wrongfully prevents the other parent from having the proper visitation time, the court can order a new visitation schedule and payment of attorney fees. And the court can put the offending parent in jail and/or fine them.
Sometimes, for example, one parent moves because of a job relocation, personal issues (perhaps they are moving to live with an elderly parent, or maybe they are getting married) or simply because they do not want to comply with a court order. Moving, of course, makes it much more difficult for the other parent to enforce a child-related court order. In these situations, it may be necessary to register a judgment or decree elsewhere, generally in another state. That would usually be where the child lives.
After registering the judgment, we can begin the process of enforcement. Penalties can include, depending upon the state, the suspension or revocation of driving privileges or professional licenses. Many times parties who have to seek judicial intervention to enforce a judgment are allowed to recover attorney's fees and other associated costs. That is at the discretion of a judge.
Whether you are seeking help enforcing a family law or divorce decree or feel that you have been wrongfully accused of violating a valid court order, the attorneys of the Sherman Law Group take enforcement cases as seriously as you do and work aggressively to help their clients enforce their rights.
Contact us now at 678-215-4106.