If you and your former spouse disagree about what your Georgia divorce decree requires, you can ask the court to decide in a declaratory judgment action instead of guessing and risking contempt.
What the Statute Says
Under OCGA 9-4-1, the declaratory judgment law exists “to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations.” Under OCGA 9-4-2(c), that relief “shall be available, notwithstanding the fact that the complaining party has any other adequate legal or equitable remedy or remedies.”
How Courts Use It
In Acevedo v. Kim, 284 Ga. 629 (2008), a former wife threatened contempt over child support she said was owed under the decree’s formula for increases, and the former husband sued for a declaratory judgment instead. The Georgia Supreme Court held, 4-3, that he could, explaining that it “makes little sense to force parents having a disagreement over money matters to hurl public charges of contempt of court at each other.” It affirmed the judgment, which found that he owed $54,464.48, payable at $1,000 a month.
Likewise, in Hardman v. Hardman, 295 Ga. 732 (2014), a mother refused to pay private school tuition and threatened to move the children to a public school in another state unless the father paid it. The father, who had the final say on education, sued for a declaratory judgment and contempt. The Supreme Court reversed summary judgment for the mother, holding that the father “was entitled to seek a declaratory judgment to ascertain his rights under the divorce decree.” As to his contempt claim over a school change that had not happened, the Court said such a concern “should be addressed, if at all, in an action for declaratory judgment rather than contempt.”
If you are already facing contempt over an unclear term, see our post on why there is no contempt for an ambiguous decree.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!