Before a Georgia court can hold you in contempt of a divorce or custody order, you are entitled to notice of the specific charges and a fair chance to prepare and be heard.
What the Notice Must Do
In Hedquist v. Hedquist, 275 Ga. 188 (2002), the Georgia Supreme Court held that the notice “must be reasonably calculated to inform persons of the charges against them and their opportunity for a hearing at a specific time and place to present their objections.” In Brown v. King, 266 Ga. 890 (1996), the Court said that a rule nisi served with the contempt motion “gives the respondent notice of the charges and the opportunity for a hearing at a specific time and place,” and held that 17 days’ notice of a hearing on unpaid child support was reasonable.
Examples
In Hedquist, a husband was found in criminal contempt at a pretrial conference and sentenced to 50 days in jail. The only notice said “all pending motions” would be heard, and some of the contempt motions were filed as late as the day of the hearing. The Supreme Court reversed.
In Ford v. Ford, 270 Ga. 314 (1998), the court’s letter said only that it had received a letter from the wife’s lawyer and would hold a telephone conference on “this matter.” By the time of the call the former husband had paid the sum ordered, but he was held in criminal contempt anyway. The Supreme Court reversed, holding that when notice is unreasonable, appearing and defending “does not excuse the failure to comport with due process.”
Likewise, in Nadal v. Nadal, 355 Ga. App. 756 (2020), a former husband received notice of a “Temporary Hearing,” and the court held a final hearing on the contempt petition over his objection and ordered him to pay $242,500. The Court of Appeals vacated that judgment.
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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!