Legal Question in Family Law in Georgia

Ex-husband's counsel filed a contempt motion reciting for his client that I failed to do what was asked in the final decree and demands were not completely satisfied. The judge found me in contempt and charged me with actions which date back a year while divorce was pending. Nonetheless, I am ordered to pay all his attorney's fees incurred in this contempt or face jail time. To win a contempt order, doesn't the respondent have to have the ability to comply with it? What if the spouse ordered to pay is out of work and without resources? If the judge makes a ruling for someone to pay, shouldn't they ask about their earnings or question the ABILITY to comply with the contempt order? What filing or action do I need to take, that because I can't do the impossinble, I go to jail? I am going on 60yrs old, unemployed, training online, working seasonal jobs.


Asked on 10/28/09, 11:14 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The next time you are served with legal papers, see a lawyer before the case goes to court. It's too late to ask afterwards. In domestic cases, a very good way to have a disasterous day in court is to go unrepresented when the other side has counsel. (Having said that, within 30 days of the ruling, likely at a far greater expense than retaining trial counsel, you may be able to try a motion for new trial or attempt an appeal. As a general rule, factual challenges don't succeed on such motions; you need to find legal error).

I should add that your own post contains contradictions. You claim to be unemployed but also claim to be working seasonal jobs. Both can't be correct, and such statements can hurt you badly in court.

YOU had the burden of proving inability to comply. The judge's job is not to make your case for you.

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Answered on 11/02/09, 11:28 pm


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