Legal Question in Family Law in Georgia
Motion for Contempt time limit
How long must I wait before filing a motion for contempt on late and/or non-payment of child support? Also, is arbitration voluntary or is it only court-ordered? Thanks --
2 Answers from Attorneys
Re: Motion for Contempt time limit
Contempt is often the least effective and most expensive means of collecting support, but it can be filed any time there is a violation. Note that other tactics, like abandonment, or hiring a collection agency, often work better and may be less costly.
I know of no court that has court-ordered arbitration. Some courts do have mandatory mediation, which is not the same thing.
Re: Motion for Contempt time limit
You may file the motion as soon as the party has failed to comply with the court�s order regarding child support. As a practical matter you may want to call the other party to determine the reason for the delay before you file the motion for contempt. If there is a willful failure then the person should be held in contempt. Arbitration is often required by the courts in domestic cases. At the arbitration both parties are able to attempt with the help of an arbitrator to reach an amicable resolution to their case. If there has been no agreement reached the parties may present their case at trial. If the arbitration is not required by the court the parties may mutually agree to attend arbitration to resolve their case. If you have any further questions please do not hesitate to contact me directly.