Legal Question in Family Law in Georgia

Re: How do I file for contempt

It sounds like you want someone to tell you how to file a contempt action. This is similar to someone asking how to rebuild a carburetor. Experience and education tell you how to do this and it's impossible to find it all written down in one place because it's not a simple process of filling out a form. A contempt action is just like any other law suit and requires the same amount of effort in getting all the legal issues resolved. To tell you how to file would take a book as you have many legal and factual issues to consider.

You should also seek any court-ordered back child support as well as the extra curricular funds. If the child support is not court ordered you won't be able to collect and you will need a modification of the final decree to get that started. $1500 for the contempt is not unreasonable based on the amount of work and effort that will be required to bring the action. If she's behind three years on child support for several children it should be a lot more than $1500. If not, you need to get the agreement modified for an increase. I'm rambling but I hope this helps a little.

Re: How do I file for contempt

If you cant afford to file a contempt action, then you could always sue her in magistrate court for breach of contract [up to $15,000.00], i.e., the settlement agreement. But if the expense of the ex-cur activities are small and this is the only problem you are having with your ex-wife, I would suggest that you forget it and let it slide. A contempt action with threats of sending people to jail, etc., should be resevered for last resort or when a child's safety is at stake.

Re: How do I file for contempt

There are forms to assist you in filing your contempt action. They are located in the Fulton County and Dekalb County Family Law Centers. These forms are great. Also, if the court finds her in willful contempt, then you will be entitled to recover any attorney fees incurred to bring the action. If you need assistance in filing a child support action against your spouse or this matter, feel free to contact my office for more consultation on this matter.