Legal Question in Family Law in Georgia
in georgia who has the burden of proof in child support contempt cases?
1 Answer from Attorneys
More information is needed about your particular situation.
In general, the motion for contempt has to set out general facts that support the allegation for contempt. For instance, if a father is to pay $300/month the mother can file a motion with an affidavit stating that she never received those payments. The answer may contain, among other things, an affidavit stating the facts that he is not in contempt.
In addition, these payments should be made by check or money order to protect the father against such allegations. Moreover, if the father believes the mother is vindictive and may hold checks to show contempt, the father may want to send all payments by certified mail/return receipt or priority mail/delivery confirmation. Of course, the father should have receipts for mailing and postal confirmations to show delivery.