Contempt of court, or simply “contempt,” is the act of willfully ignoring the court’s direction. A person can be held in either criminal or civil contempt for violating court order. Generally speaking, family law cases result in civil contempt. If you have a court order that you can’t comply with, or, if you have a court order that’s not being complied with, it’s in your best interest to consult The Law Office of Lydia J. Sartain.
In order to hold a person in contempt, the court must find that there has been a willful refusal to comply with the court’s order. In family law cases, some of the most common instances where contempt is either found or alleged are the following:
Failure to pay child support or alimony is generally the most common form of contempt found in family law cases. However, if you find yourself unable to make your child support or alimony payments, there are ways to handle the situation such that you do not incur fines and other penalties.
Divorce is the most common family law matter we encounter. We help our clients understand their options and show them that this process doesn’t have to be painful or prohibitively expensive.
Mediation is one way of resolving your case amicably and without the unpredictability and cost of going to court. Lydia is an expert mediator, so whether she’s mediating your case with your attorney or representing you, your case is in good hands.
Child custody matters encompass legal and physical custody. Legal custody involves each parent’s right to make major decisions regarding a child’s welfare. Physical custody involves how much time a child will spend with each parent. We work closely with you and your family to determine what is in your child’s best interest.
In Georgia, child support is calculated by taking into account a child’s needs and a party’s ability to pay. Though it sounds straightforward, the process becomes more complex when you factor in insurance, child care, education, and so forth. We work to ensure the best possible outcome for you and your family.
Modification of child support or parenting plans often occurs as children age. It’s important to have excellent representation by your side in cases where either you or your ex-spouse are in contempt of an agreement, whether willfully or due to circumstances beyond your control.
A Temporary Protective Order (TPO) is what most people refer to as a restraining order. A TPO is a formal court order that may be granted to a person to protect them, and their children, from the real or perceived threat of physical violence, harassment or other harm.
Alimony, or spousal support, may be awarded based either on an agreement between the couple or a decision by the court itself. This is separate from the division of marital property and is decided on a case-by-case basis.
Georgia divorce laws give both spouses an equitable interest in all property acquired during the couple’s marriage. The general rule is that all property acquired during the course of the marriage, regardless of title, is marital property and subject to equitable division.
A prenuptial agreement is signed before two people are married and a postnuptial agreement is signed after. They often address factors like spousal support, asset division, and retirement benefits. If you have questions about either, it’s crucial to discuss them with an attorney who can explain your rights and your options.
It’s natural to have questions about this process and what it means for you and your family. Please don’t hesitate to reach out to our offices and set up a free consultation. We look forward to speaking with you and providing some peace of mind.