When the Other Party Doesn’t Comply With the Order in a Family Law Case

When a family law order is ignored—whether it’s unpaid child support, missed deadlines for property transfers, or other court-ordered obligations—the frustration can be immense. Unfortunately, even after receiving a favorable ruling, enforcement is not always immediate or automatic. Understanding how Georgia courts typically handle noncompliance can help you decide how to move forward with clarity and realistic expectations.

This post explains what generally happens after a violation, what outcomes you can expect in court, and how to assess whether enforcement is worth pursuing.

What to Expect at an Initial Contempt Hearing

If the other party has failed to follow a court order, the first legal step is often a motion for contempt. This begins the process of asking the court to enforce its previous orders.

At your first contempt hearing, Georgia judges tend to offer the noncompliant party a chance to correct their behavior—especially in financial matters like unpaid child support or delayed property division. This typically results in:

• A new deadline to comply with the original order (e.g., “You have 30 days to pay this amount”)

• A warning that failure to comply by the new deadline could result in jail time or other sanctions

Judges often give grace periods before imposing harsh penalties, particularly if the noncompliance involves money. The goal is usually compliance—not punishment.

When Noncompliance Continues After the First Order

If the party still fails to follow through after the judge has issued a warning or a second deadline, the court may escalate the consequences. This can include:

• A finding of contempt of court

• Additional hearings to assess compliance

• Jail time or fines as enforcement measures

• Possible reimbursement of attorney’s fees for the filing party

However, getting to this point takes time, effort, and resources. In one recent case, it took nearly a year and three separate court appearances before the judge ordered serious enforcement measures.

Attorney’s Fees and Reimbursement

While Georgia courts can award attorney’s fees in contempt cases, they are not guaranteed. Judges consider the reasonableness of the fees, the conduct of the parties, and whether one side was clearly in violation. Even when fees are awarded, clients must typically pay their attorney upfront and seek reimbursement after the fact.

This is why it’s crucial to do a cost-benefit analysis before pursuing contempt:

• How much are you owed? If it’s a large amount, legal action is often justified.

• What are the likely legal costs? Attorney’s fees can range from $5,000 to $10,000 or more, depending on the complexity of the case.

• Is the other party likely to pay? Even if you win, enforcement is only valuable if the other party has the means to comply.

Strategic Enforcement Through Legal Guidance

If you’re dealing with a noncompliant ex-spouse or co-parent, working with an experienced attorney can help you weigh your options wisely. The process can be long and emotionally draining, so having strong legal support is essential. We help our clients navigate these challenges through our family law services, offering practical strategies tailored to your situation.

Schedule a discovery call to learn how we can support you.