Many people who have been through a divorce may become frustrated when their ex-spouse violates their divorce settlement agreement or final divorce decree. Often, I hear people say, “I play by the rules, but my Ex won’t. What do I do about it?”
The most common way of handling this problem is to hire a lawyer to file a motion for contempt against your Ex. A motion for contempt is a written request to the Judge who handled your divorce case to punish your Ex for violating your divorce settlement agreement or final divorce decree.
There will then be a hearing before your divorce Judge, and you’ll need to present evidence to prove that your Ex has violated the divorce settlement agreement or final divorce decree.
Motions for contempt can be filed for any violation of the original divorce order. The most common violations are for failing to pay child support or alimony on time or in the correct amount, failing to return a child from visitation on time, and denying the noncustodial parent visitation with a child.
If your Ex is often late paying child support, there may be alternatives to ensure child support and alimony are paid on time. An income deduction order can require your Ex’s employer to pay alimony and child support directly to you. Also, if your Ex is self-employed, you may be able to have child support or alimony paid through the Court, which would monitor timely payment.
I've been practicing law in the metro Atlanta area since graduating from UGA Law School in 1986, and I've represented over a thousand people with their legal problems during those years. I've tried many family law cases before all the judges in Cobb, Cherokee, Paulding and Bartow Counties and know their judges well.
For more information, visit my website at www.gentrylawfirmgeorgia.com or call or email us for a free 30 minute in-person consultation at 770-425-5573 or bill@gentrysmithlaw.com.
William C. (Bill) Gentry
