Legal Question in Family Law in Georgia

If a father is already found in contempt of court for failure to pay child support (not direct child support but a reimburseable expense that falls under the c/s section in the final order), and was ordered to pay the mother her expenses, etc and the order says "willful contempt", what happens if only a month later, he is in willful contempt, again? Are there any standing waivers of rights or anything that he may have? Would that be grounds for incarceration at that point? Do I have to file another contempt complaint from the beginning? He does not have an attorney even though I have highly advised him to seek assistance from one b/c he refuses to follow the order, which I have in an email. He thinks he can play games and that I won't file another contempt complaint until I have another long list of contempts, again. Thanks.


Asked on 2/02/10, 9:36 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Yes, you can and should file another contempt action. Maybe this time, if you haven't already, you should get an attorney, who will most definitely ask for an award of attorneys fees. I have never heard of "standing waivers of rights" and, yes, it certainly could be grounds for incarceration. If you would like to discuss, please feel free to give me a call.

Read more
Answered on 2/07/10, 9:58 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia