What are the Steps to Enforce a Court Order for Child Support or Custody?

Following a divorce, your child’s welfare should still take priority. This can be challenging when the other parent is not living up to their obligations. In Georgia, support and custody orders are handled by the Georgia Department of Human Services Division of Child Support Services (DCSS). If your former spouse is found in violation of a support or custody order, he or she may be found in contempt of court.

If your former spouse refuses to follow an existing order, our GA family law attorneys are here to discuss your options.

Enforcing a Support Order

Contact the Georgia Department of Human Resources

If your spouse is refusing to comply with a support order, you should reach out to the Georgia DCSS. The Department is responsible for overseeing court orders. If you provide the DCSS with the current court order, the Department can help collect past-due payments. The Department may collect past due payments through garnishing wages, withholding a portion of federal or state tax refunds, or even placing a lien on your spouse’s property.

File a Contempt of Court Action

If your spouse is failing to comply with court orders, you can file a motion for contempt of court. A motion is asking the court to take a certain action, in this case, ordering the other parent to make support payments. A person who is found in contempt of court may be jailed or fined until his or her support obligation is fulfilled.

Obtain an Income Withholding Order

Current support orders contain a clause that allows income to be withheld from the party responsible if there is an appropriate reason to do so. However, you can request an income withholding order, which will automatically deduct support payments from your spouse’s paycheck or workers’ compensation benefits.

Enforcing a Custody Order

Georgia DCSS does not oversee custody orders, so the process for enforcing these will differ.

If your spouse is in violation of an established order, consider taking the following steps:

Gather Supporting Evidence

A person who refuses to follow an existing order can be found in contempt of court, but you must first prove that your spouse did not adhere to the custody order. Any supporting documentation, such as text messages, e-mails, or phone calls, can go a long way to support your case. Be sure to document the date and time of each violation.

Contact the Police

If your partner is not following a custody order, you do have the option to contact the police. When law enforcement arrives on the scene, they will file an incident report detailing the date, time, and specific violation. A police report can be further proof of your partner’s negative behavior.

File a Contempt of Court Action

If your spouse is a repeat offender and fails to adhere to the order even after law enforcement is contacted, you may need to file a contempt of court action. This motion will force your partner to adhere to the existing order. Working with a GA family law attorney gives you the best chance of a successful case outcome.

Reach Out to Our GA Family Law Attorneys Today

If your former spouse or partner is failing to comply with a court order, taking action is paramount to correcting the situation. At Banks, Stubbs, & McFarland, LLP, our GA family law attorneys are dedicated to helping you get the money and arrangements needed for your child. To learn how we can be of assistance in your situation, contact us online or by phone today.