Georgia Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State
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How to fill out Petition To Enforce Duty To Pay Spousal Support When Respondent Is In Another State?
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A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.
If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you are the main witness at the final hearing and will have to appear before the court.
Penalties for Contempt of Court Under Georgia Law, a person who is found guilty of criminal contempt of court can be fined up to $500 and face up to 20 days of jail. But, if for example, a husband refuses to pay alimony to his ex-spouse, even though he has the ability to do so, they could be held confined indefinitely.
See generally O.C.G.A. § 19-6-28. In order to enforce your divorce order, you must file a Motion for Contempt in the appropriate jurisdiction. Generally, to prevail in a contempt action, you must show the court that your ex-spouse has failed to comply with the court's order and that the failure to comply was willful.
Despite the amount of alimony owed however, Georgia law only allows up to 50% of the obligated spouse's net income to be garnished in order to satisfy an alimony obligation.
Contempt of court in Georgia means a willful or intentional violation of a court order, such as a divorce decree. For example, if the divorce decree ordered a former spouse to pay $700 per month in alimony and that former spouse fails to do so intentionally, that spouse may be in contempt.
Failure to pay any court mandated support is cause for arrest on charges of contempt of court. It is not uncommon for a support payment to be late however; habitual payment problems or deliberate refusal to pay can result in jail time or garnishment of wages.
The Motion must be EFiled. You can come into the Clerks office to use an EFile hub provided at no additional cost. PAYING THE FILING FEE: If the contempt is on Non-Payment of Child Support, Alimony or Medical expenses, the filing fee is waived.