A common post-judgment action is a Motion for Contempt. A Motion for Contempt is filed when one party does not follow the court’s order and another party wants the order enforced so it will be followed.
One common area of contempt is where one party fails to pay what the court ordered it to pay. This includes child support and spousal support, as well as attorney’s fees for a party. When a paying party fails to pay under such an order, that paying party can be found in contempt which essentially means that it is violating or not following the court’s order.
Parties sometimes are hesitant to file such motions because of the time and monetary cost associated with it. An example: The opposing party owes you $70,000.00 in unpaid equity but attorney’s fees cost you $4500.00. In addition to this, you are losing sleep about how to proceed and the fact that you could use the $70,000.00 you should have received but haven’t. Do know that oftentimes it is worth it to proceed because the value in moving forward greatly outweighs any anxiety or short-term obstacles.
Another item to consider is that the reimbursement of attorney’s fees can be awarded in a contempt case. There are two main statues that are used depending on the situation.
The first statute is O.C.G.A. 19-6-2. To prevail under this statute a party must show the income or financial disparity between them and the violating party. The second statute is O.C.G.A 9-15-14. To prevail under this statute a party must show there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position.
In most contempt cases, one of these statutes can be strongly argued and proven with experienced legal representation. Furthermore, it’s important to know there is hope on the other side. The party not providing what they are supposed to provide is not something that has to be tolerated. The court order is there for a reason. However, if someone is falsely stating you are in violation of a court order and you are not, there is protection as well.
If you need assistance in filing a contempt action or defending one, call Lunn Law LLC at 770.492.2974 and schedule a consultation. Lunn Law LLC is experienced in these matters and can help you get the fairness you not only deserve but were awarded.
Categories: Contempt
Attorney Tiffany Lunn of Lunn Law LLC: Georgia Family Law Blog 