When a party willfully fails to comply with a court order, the remedy is an action for contempt. If a court finds a party in contempt, the court can require the offending party to comply with the order, face incarceration and/or pay the other party’s attorney’s fees. Contempt actions are normally heard by the same judge who granted the final judgment.
A custody and/or support order can be modified under certain circumstances. Custody orders may be modified if there has been a material change in circumstances affecting the welfare of the child or by the election of a child who is at least 14 years of age. Georgia courts will apply the “best interest of the child” standard under either circumstance. Visitation may be modified upon showing that the proposed change is in the “best interest of the child” whether there has been a material change in circumstances. Alimony or child support may be modified up or down if there is a substantial change in income or financial status of either party.
Whether you are petitioning or responding to a contempt or modification action, the Law Office of Carol Minn Vacca will advise you of all of your options and pursue the most beneficial outcome for you and your child.