Georgia Motion for Contempt
Georgia lets a movant serve an alimony or child support contempt motion by first class mail with a signed acknowledgment, and caps how far out a child support contempt hearing can be set.
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Introduction
In Georgia, you enforce a family court order by filing a Motion for Contempt, and the court issues a Rule Nisi ordering the other parent or spouse to appear and show cause why they should not be held in contempt (O.C.G.A. Section 19-6-28(a), (c)). There is no separate statewide mandatory form for the motion itself, but the Rule Nisi Notice and Acknowledgment form used for mail service is written directly into the statute (O.C.G.A. Section 19-6-28(c)); if your county provides its own contempt motion packet, that county form controls over this general draft. For alimony or child support contempt, Georgia lets the movant serve the motion and Rule Nisi by first class mail with a signed acknowledgment and a prepaid return envelope. If the respondent does not mail back the signed acknowledgment within 10 days, the movant must arrange formal service under O.C.G.A. Section 9-11-4, and those service costs are then charged to the respondent absent good cause shown (O.C.G.A. Section 19-6-28(b)). That mail option does not cover contempt over custody or parenting time alone, which is served under O.C.G.A. Section 9-11-4. For a child support contempt motion, the hearing must be set no later than 30 days after service of the motion, extendable another 30 days if the court finds good cause (O.C.G.A. Section 19-6-28(b)). Filing an alimony or child support contempt motion is not a new lawsuit and does not require a new filing fee, since by statute it is part of the same underlying case (O.C.G.A. Section 19-6-28(a)). The court decides whether contempt is found, and nothing about that finding is automatic. General contempt punishment in Superior Court is capped at a $1,000.00 fine, 20 days in jail, or both (O.C.G.A. Section 15-6-8(5)); when jail is used to coerce compliance with a purge condition, such as paying an arrearage, it is meant to end once the respondent complies, and it is never the choice of the person who filed the motion. A respondent who lacked the present ability to comply, or whose violation was not willful, has a defense to the motion. Do not withhold child support because parenting time was denied, and do not withhold parenting time because support went unpaid; either can itself be treated as contempt. For unpaid child support, the Georgia Division of Child Support Services can pursue enforcement on its own, including filing a contempt action, without the parent hiring an attorney. This motion is not the way to change custody, visitation, or the support amount itself; a modification request belongs on DocDraft's child support modification or parenting plan pages instead. If there is domestic violence or another safety risk, use DocDraft's getting a restraining order guide rather than handling it through this motion. Attorney review is available before you file.
Key Things to Know
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Georgia's procedure is a Motion for Contempt paired with a Rule Nisi, the order requiring the other parent or spouse to appear and show cause; there is no separate statewide mandatory form for the motion, though the Rule Nisi Notice and Acknowledgment form used for mail service is written directly into O.C.G.A. Section 19-6-28(c), and any county form the court provides controls over this draft.
- 2
For alimony or child support contempt, Georgia allows service by first class mail with a signed acknowledgment and a prepaid return envelope. If the respondent does not mail back the acknowledgment within 10 days, the movant must arrange formal service under O.C.G.A. Section 9-11-4, with those costs charged to the respondent absent good cause (O.C.G.A. Section 19-6-28(b)).
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For a child support contempt motion, the hearing must be set no later than 30 days after the motion is served, though the court can extend that up to 30 more days for good cause (O.C.G.A. Section 19-6-28(b)).
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Filing an alimony or child support contempt motion is not a new lawsuit and does not require a new filing fee, because by statute it is part of the existing case (O.C.G.A. Section 19-6-28(a)).
- 5
A respondent who lacked the present ability to comply, or whose violation was not willful, has a defense to the contempt motion; the court decides whether contempt is found, and it is never automatic.
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Do not withhold child support because parenting time was denied, and do not withhold parenting time because support went unpaid; either can itself be treated as contempt, and jail for contempt is a coercive tool tied to a purge condition, not a punishment the person who filed the motion controls.
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For unpaid child support, the Georgia Division of Child Support Services can pursue enforcement on its own, including filing a contempt action, without the parent needing to hire an attorney.
Key decisions before you file
Before you file a Motion for Contempt in Georgia, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Georgia Requirements for Motion for Contempt
Motion for Contempt Paired With a Rule Nisi
Georgia enforces a family court order through a Motion for Contempt accompanied by a Rule Nisi, the order requiring the respondent to appear and show cause why they should not be held in contempt (O.C.G.A. Section 19-6-28(a), (c)).
No Statewide Mandatory Motion Form
No statewide mandatory form exists for the contempt motion itself. The Rule Nisi Notice and Acknowledgment form used for mail service is written directly into O.C.G.A. Section 19-6-28(c); a county's own contempt packet, where one exists, controls over this general draft.
Mail Service Is the Default Method
For alimony or child support contempt, first class mail with a signed acknowledgment and a prepaid return envelope is a statutorily authorized default service method. If the acknowledgment is not returned within 10 days, the movant must arrange formal service under O.C.G.A. Section 9-11-4, with costs charged to the respondent absent good cause (O.C.G.A. Section 19-6-28(b)).
30-Day Hearing Deadline From Service
The hearing on a child support contempt motion must be set no later than 30 days after service, extendable up to 30 more days if the court finds good cause (O.C.G.A. Section 19-6-28(b)).
No New Filing Fee for Support Contempt
A motion enforcing alimony or child support is part of the existing case, not a new action, and does not require a new filing fee (O.C.G.A. Section 19-6-28(a)).
Ability-to-Pay and Willfulness Defense
A respondent who lacks the present ability to comply cannot be held in civil contempt, and a respondent can also defend by showing the violation was not willful.
Contempt Fine and Jail Cap in Superior Court
General contempt punishment in Superior Court is capped at a $1,000.00 fine, 20 days in jail, or both (O.C.G.A. Section 15-6-8(5)). Coercive confinement tied to a purge condition is meant to end once the respondent complies rather than run for a fixed term.
Georgia DCSS as an Enforcement Alternative
The Georgia Division of Child Support Services can pursue administrative and judicial enforcement of support orders, including filing its own contempt action, without the parent hiring an attorney.