Legal Question in Family Law in Georgia

If one spouse is in contempt of visitation and legal custody and the other is in contempt of support can either hold the other in contempt or is it a moot issue at trial since both parties are in contempt? Meaning that the party in contempt of support could defend that the party in contempt of visitation and legal custody is not entitled to file contempt against him b/c she herself is in contempt of legal custody/visitation...Obviously the support arrears would have to be made up irregardless of the fact that it was not WILLFULL (meaning that this parent was also a single parent supporting 2 other children and not able to work a 2nd job and not able to keep up with the support payments because of interference and loss of business income on the part of the other spouse who is in contempt of custody/visitation... so was essentially in an equal or worse position trying to survive, keep a roof over their heads and on welfare and every other sort of assistance until could find another job), however would the visitation part also have to be made up since it was WILLFULL interference?

Part II- The party with the support issue was a SC resident and the party in contempt of custody/ visitation is a GA resident. GA has continuing jurisdiction... however the party in contempt sought to modify the support order via UIFSA in SC and GA resident objected and got it thrown out. If he is to hold himself in contempt for not being able to keep up with the payments etc. doesn't he have the right to a hearing (or possibly imprisoned) in his homestate SC where he is domociled?


Asked on 6/04/12, 12:28 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

Although you provided detailed information, in short, contempt issues can be decided by the Georgia court that issued the original custody and child support order.

It is not moot that both of you are in contempt because child support isn't tied to visitation. As a result, you can file for contempt and the other party can file a cross-motion for contempt. The court will require back child support in one payment or several payments over time. At the same time, the court can require the missed visitation to be made up over time.

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Answered on 6/05/12, 8:37 pm


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