How to Enforce a Custody or Support Order When the Other Parent Won’t Comply

When a court issues a child custody or support order, both parents are legally bound to follow its terms. Unfortunately, not all parents do. In Georgia, violations of these orders are taken seriously. Whether one parent denies court-ordered visitation or refuses to pay child support, the other parent isn’t without legal recourse. 

Failing to comply with a child custody or support order affects more than just one parent—it disrupts the child’s well-being, stability, and future. Georgia law provides legal remedies for enforcement, but taking the correct steps is essential for a successful outcome.

Rife Law Firm P.C. in Cumming, Georgia, helps individuals use the court system to protect their rights and uphold what was previously ordered by a judge.

The Importance of Child Custody Orders

Child custody decisions are made with the child’s best interest in mind. Georgia courts issue these orders after considering various factors, including:

• Each parent’s ability to provide for the child’s needs

• The child’s relationship with each parent

• The overall home environment

Once a child custody order is finalized, it becomes enforceable. This means each parent must adhere to the parenting time schedule, decision-making responsibilities, and any other terms outlined by the court. Violations can lead to court intervention, fines, and other consequences.

When a parent ignores a child custody order, the other parent may feel powerless, especially when repeated attempts to resolve the issue informally go nowhere. That’s where legal enforcement becomes necessary.

Legal Enforcement of Child Custody in Georgia

Georgia law offers legal procedures to enforce child custody orders. If a parent refuses to follow the schedule or interferes with visitation, the other parent can petition the court for enforcement. This usually involves filing a motion for contempt.

A motion for contempt notifies the court that one parent isn’t complying with the existing child custody order. The court then schedules a hearing where both parties present evidence. If the judge finds that a violation has occurred, the parent in contempt may face penalties such as fines, makeup parenting time, or even jail time in severe cases.

Rife Law Firm P.C. advises parents to maintain thorough records of missed visitation, blocked communication, or any interference with the agreed schedule. These records can strengthen a contempt case and help the judge understand the full scope of the violations.

Enforcing Child Support Orders

Like child custody orders, child support obligations are court-mandated and legally binding. When a parent refuses to pay child support, the receiving parent has several enforcement options under Georgia law.

One of the most effective ways to enforce child support is through the Georgia Division of Child Support Services (DCSS). This state agency can take actions to collect unpaid support, such as:

• Initiating income withholding

• Suspending licenses

• Intercepting tax refunds

In many cases, DCSS can act even if the custodial parent hasn’t hired a private attorney.

For parents who prefer to go through the courts directly, filing a contempt action remains an option. A judge can order the non-paying parent to pay back support (arrears), attorney's fees, and court costs. Continued nonpayment may even result in jail time if the court finds the failure to pay was willful.

Rife Law Firm P.C. helps parents prepare the necessary documents, present financial evidence, and pursue unpaid support through the proper legal channels.

When a Parent Violates Both Custody and Support Orders

Sometimes, a parent might fail to comply with child custody and child support obligations. For example, a parent may withhold visitation out of anger over unpaid support, or a non-custodial parent may stop paying support out of frustration over denied parenting time.

Georgia law doesn’t allow parents to take matters into their own hands. Denying visitation because support hasn’t been paid, or withholding support because visitation is blocked, can backfire. Courts treat each issue separately and expect both parents to follow orders regardless of the other’s behavior.

When violations occur on both sides, the court evaluates each separately and imposes remedies for each one. Rife Law Firm P.C. helps parents remain focused on the legal process rather than reacting out of anger or frustration, which can jeopardize their position in court.

Evidence in Enforcement Cases

Successful enforcement of a child custody or support order requires strong evidence. Judges rely on facts, not assumptions.

For child custody violations, this can include:

• Text messages

• Emails

• Parenting time logs

• Missed visitation documentation

• Witness testimony

For child support enforcement, this can include:

• Pay stubs

• Tax returns

• Account records

The court looks for clear proof that the parent had the means to comply but chose not to. In child custody matters, this may involve showing that the other parent intentionally withheld the child or interfered with communication. In child support cases, the judge will want to know whether the non-paying parent had the ability to pay but failed to do so.

Rife Law Firm P.C. assists parents in gathering and organizing this evidence to present a clear and persuasive case in court. The more thorough the documentation, the better the chances of receiving an order that compels compliance or imposes consequences for noncompliance.

Contempt Proceedings and Legal Consequences

A parent found in contempt of a child custody or support order may face a range of consequences, depending on the severity and frequency of the violation. 

Courts may impose fines, order a makeup visitation, or modify the custody schedule. In child support matters, the court may order wage garnishment, seize assets, or impose jail time for repeated refusal to pay.

In cases involving child custody, judges can also consider whether a parent’s ongoing refusal to follow the parenting plan should result in changes to custody or visitation. Georgia courts focus on the child’s well-being, and a parent who consistently disrupts a stable arrangement may risk losing custodial privileges.

Rife Law Firm P.C. works with parents to determine the most effective remedy based on their circumstances. Sometimes a strong court order is enough to prompt compliance; other times, ongoing court supervision or adjustments to custody may be needed.

Custody Modification as a Long-Term Solution

When violations are persistent or have a lasting impact on the child, seeking a modification of the child custody order may be necessary. Georgia courts allow custody orders to be modified when a material change in circumstances affects the child’s welfare.

Continued denial of visitation or disregard for the court order may qualify as such a change. A judge may decide that the parent who refuses to follow the order isn’t acting in the child’s best interest and adjust the custody arrangement accordingly.

Rife Law Firm P.C. evaluates whether a custody modification might serve the child better and works with clients to petition the court when circumstances justify a change.

Law Enforcement and Custody Orders

In some situations, involving law enforcement becomes necessary. While police officers typically avoid intervening in domestic disputes, they may assist when a court order is in place and a parent is actively denying custody rights. This is especially true if there’s concern for the child’s safety or if a parent refuses to return the child after scheduled visitation.

A certified copy of the custody order may be needed to request help from law enforcement. Officers can sometimes help enforce the immediate terms of the order or create a report that can be used later in court.

Rife Law Firm P.C. explains how and when to involve law enforcement while protecting the child’s emotional well-being. These cases require sensitivity and a focus on legal procedure to avoid escalation.

Preventing Future Violations

Once a custody or support order has been enforced, maintaining compliance is the next challenge. Judges may impose ongoing reporting requirements or require follow-up hearings. Sometimes, court orders are modified to prevent further issues.

Parents may also benefit from tools like parenting coordination or supervised visitation, depending on the circumstances. These approaches aim to reduce conflict and hold both parents accountable for their behavior. Georgia courts support arrangements that minimize disruption in the child’s life.

Attorney John W. Rife helps clients develop strategies for long-term compliance and stability, always keeping the child’s welfare at the center of the process. Located in Cumming, Georgia, Rife Law Firm P.C. serves clients throughout Forsyth County. Call today to get started.