Newnan Lawyer Helps Clients Enforce Georgia Divorce Decrees 

Experienced family law attorney takes action against ex-spouses who violate orders

Sometimes, ex-spouses violate the terms included within their divorce decree. In other situations, a former husband or wife might make a meritless allegation of noncompliance. If you are a Georgia resident engaged in a legal matter involving the enforcement of a divorce decree, the Law Office of S. Mark Mitchell, LLC in Newnan will work aggressively to protect your rights and pursue the resolution mandated by the order. 

The importance of enforcing divorce decrees

A divorce decree sets forth instructions regarding child custody, child support, the division of martial property and alimony payments. This decree is legally binding on both parties.  However, if your ex fails to abide by the court’s order, you might have to request that the court enforce its terms. My firm can review the facts, seek an informal resolution if possible, and make a motion for enforcement if your former spouse refuses to comply. 

Common violations that lead to enforcement actions

Allegations that frequently trigger motions to enforce divorce decrees include the following:

• Missed child support payments
• Denial of custody or visitation rights
• Non-payment of alimony
• Failure to finalize matters required by a property division determination, such as sale of the marital home

If your ex-spouse violates the provisions, you can go to court and might have other options under Georgia law to enforce your rights.

Legal methods of enforcing terms of Georgia divorce decrees

Georgia law has several methods of enforcing divorce decrees. Your specific options depend on the nature of the alleged violation:

• Contempt of court — The court might hold someone who disobeys a divorce order in contempt of court. Sanctions can include fines, or even incarceration, until the person complies.
• Wage garnishment — All child support orders require automatic wage deductions, but if that is insufficient to fulfill a paying parent’s obligation, the Georgia Division of Child Support Services (DCSS) may garnish (deduct) some or all of the amount owed from their paycheck or workers’ compensation or unemployment benefits.
• Property seizure and liens — You or the DSCC can also seek the seizure and sale of tangible property or impose liens on property to compel required payments.
• License suspensions and revocations — The DSCC may suspend or revoke the driver’s, professional or occupational license of parents who are more than 60 days behind schedule in their child custody payments.
• Order modifications — When a parent won’t abide by child custody provisions, the court may change the arrangements by, for instance, reducing their parenting time, giving custody to the other parent or requiring supervised visitation.

I’m experienced in helping Georgians enforce divorce decrees and resist unwarranted charges that they have violated them.

What to expect in an enforcement action 

Depending on the specific facts of your case, you might start the legal process with supporting documentation that includes the relevant decree and your affidavit declaring that your ex has not complied with the terms. In a child support case, you can contact the DCSS about taking action. Your former partner will have a chance to respond and a hearing might be held. If the matter cannot be settled, the judge will decide whether to issue a contempt order or some other sanction. 

Why hiring a family law attorney Is crucial

Having an attorney can make the difference between a successful and unsuccessful divorce decree enforcement action. Your attorney can help you gather evidence, present it in court and argue for an appropriate resolution. After reviewing your situation, I will advise you on the likelihood of a favorable result.  

Contact a determined divorce decree enforcement lawyer in Newnan, GA

At the Law Office of S. Mark Mitchell, LLC, I work diligently to enforce Georgia clients’ divorce decrees and to counter baseless accusations of violations. Call 470-344-8550 or contact me online to schedule a free consultation at my Newnan office.