Georgia Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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US-02228BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

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.

Driver's license suspension or denial of driver's license renewal: A parent who is in noncompliance with court-ordered child support payments can lose their driver's license. The state enforces this penalty once a parent is more than 60 days past due on their payments.

File a Criminal Abandonment Warrant. If the other parent does not pay any support for more than 30 days, he or she can be charged with abandonment. Contact the Clerk of Courts in your county to find out how to file these charges. If the other parent is found guilty, he or she may be placed in jail.

Is Unpaid Child Support ?Illegal?? It is a misdemeanor to fail to support your dependents. Back child support becomes a felony in Georgia when a person reaches the third offense for failing to pay or leaves the state. Once arrested for criminal nonsupport, a person could spend one to three years in prison.

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.

File a Criminal Abandonment Warrant. If the other parent does not pay any support for more than 30 days, he or she can be charged with abandonment. Contact the Clerk of Courts in your county to find out how to file these charges. If the other parent is found guilty, he or she may be placed in jail.

(b) In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued ...

The DDPA entails felony punishment for a parent who moves to another state, or country, with the intention of evading child support payments if the debt has remained unpaid for over a year or is greater than $5,000. Parents who owe $10,000 or more, or who fail to pay for two years, may face up to two years in prison.

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Georgia Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support