Enforcement Proceedings

Once a party obtains an order or divorce decree, situations may arise where the other party does not comply with the terms and provisions contained therein. Such situations could be a denial of visitation or non-payment of child support. In order to obtain the other party’s compliance, various enforcement proceedings are available.

What is a “garnishment?”

A “garnishment” is a lawsuit filed against a third person or entity (e.g., employer, etc.) who holds money or property belonging to the obligated party. A party can file such a lawsuit when there has been a non-payment of child support or alimony, where the arrearage is equal to, or greater than, one (1) month’s payment. A garnishment action can be filed against the non-custodial parent’s employer, bank, or even plan administrator of a qualified retirement plan. In this action, it is alleged that an order or judgment exists requiring payments to be made by the non-custodial parent and that he/she has not made these payments.

What is a “contempt action?”

Just as a legitimation action is filed by a father who claims to be the biological parent of a child, a paternity action is filed by a mother of the child. The sole purpose of a paternity action is to establish a child support order for the benefit of the minor child. Unless the biological father files a counterclaim to legitimate the child, no other rights will be granted to the biological father.

What is an “income deduction order?”

An “income deduction order” is an order issued by a court when specific amounts of child support or alimony are to be paid by one party. The order is generally submitted to the payor’s employer and the amount of support is deducted from the payor’s salary and paid directly to the person to whom the obligation is owed. For example, a father was ordered to pay $1,000.00 per month in child support and he is paid twice a month. When an income deduction order is submitted to his employer, $500.00 will be subtracted from each paycheck that he receives and mailed directly to the mother. There are some exceptions to the implementation of these types of orders which must be considered on an individual basis.

Getting help...

This summary is not intended to be exhaustive or complete. It is only intended to acquaint a prospective client with enforcement actions in Georgia and the manner in which this office will handle your particular case. We will be more than happy to answer any specific questions regarding the facts and circumstances of your case. 

Please contact us to schedule an appointment.  

It is our policy to provide you with sufficient information so that you can make informed decisions regarding your case, and to then follow that with the best possible legal representation. 

Your understanding of the matters contained in this summary will help assure that commitment.