According to a recent article in the Atlanta Journal-Constitution, parents who are delinquent on their child support payments in Georgia have reason to hope that they’ll see their children rather than the inside of a jail cell thanks to a new program instituted by courts in the state. Ricky Smith spent Spring Break with his… Continue Reading
Category Archives: Contempt of Court
Subscribe to Contempt of Court RSS FeedAre There Sentencing Guidelines in Family Court?
Posted in Contempt of CourtQuestion: Does the Family Court have any sentence guidelines or limits on how long a person can be sent to jail for failure to pay child support? I have heard that six months was the maximum sentence. Answer: There are no "sentencing guidelines" in Family Court, and the punishments imposed for contempt issues can vary… Continue Reading
Failure to Pay Child Support Does Not Justify Denial of Visitation
Posted in Child Support, Contempt of Court, VisitationQuestion: I am currently behind on child support, and my ex-husband tells me I can’t see my son because the Court Order states that my visitation is at the discretion of the father and since I remarried outside of our race I can’t see him. I have already served a six month sentence for being… Continue Reading
What If I Cannot Afford to Pay the Mortgage Like the Divorce Decree Requires?
Posted in Assets and Debts, Contempt of CourtQuestion: In our divorce, I was ordered to sell our marital home and to pay all of the expenses for it until it is sold. Will I be held in contempt of court if I can’t afford to make the payments and the house goes into foreclosure? Answer: Yes, you can be held in contempt… Continue Reading
What Should You Do If The Other Parent Refuses Your Visitation?
Posted in Contempt of Court, VisitationQuestion: This is the weekend that I am scheduled to have visitation with my children. If the children’s mother does not bring them, should I try to have her held in contempt of court? Should I file a police report, or what else can I do to help me with proof in court? Answer: If… Continue Reading
What You Can Learn from the Britney Spears Saga
Posted in Child Custody, Children, Contempt of Court, VisitationHofstra Law Professor Joanna Grossman has taken a careful, scrutinizing look at the Britney Spears case and used it as a backdrop to discuss what everyone should know about family law cases in general and child custody cases in particular. It is a very interesting read, and here are some of the lessons she discusses:… Continue Reading
Visitation When Your Former Spouse Has A Live-In Girlfriend
Posted in Children, Contempt of Court, VisitationQuestion: I have been divorced for several years. My Divorce Decree states that neither party can have the persons of the opposite sex spend the night when the children are present. My ex-husband now wants to move in with his girlfriend. If he moves in with her, do I still have to send my children… Continue Reading
Judges Expect Attorneys to Act Reasonably and Civilly Too
Posted in Contempt of Court, ProcedureAs I posted yesterday, judges want parties to act reasonably in their Family Court cases. However, judges also want attorneys to do the same. As discussed in my post today at the South Carolina Personal Injury Law blog, some judges have made it clear that they will not tolerate uncivil or unreasonable conduct from attorneys… Continue Reading
How NOT to Behave in Court
Posted in Contempt of Court, ProcedureThe SC Court of Appeals has affirmed a trial court’s decision to hold a party in contempt of court for (a) making an obscene finger gesture to his attorney after the hearing concluded and (b) using profanity directed at the judge. While most people would certainly not act as outrageously as the man in this… Continue Reading
Recent Case Discusses Contempt of Court Issues
Posted in Contempt of CourtThe S.C. Court of Appeals recently affirmed a Family Court Order which awarded the wife alimony and attorney’s fees and found the husband in contempt of court. The husband had failed to comply with the family court’s orders concerning the distribution of personal property, payment of wife’s equitable share of the marital home, harassment, and… Continue Reading