Alpharetta, GA asked in Divorce for Georgia

Q: Ex broke 3 written agreement regarding parenting time and per the final order written agreements via email are

binding and contemptible. With that track record I said because he’s broken 3 written agreements that I can understand that we will also not keep a 4th agreement. The 4th agreement was made at his request and now demands I honor this request even though he did not keep the previous three. I could file a contempt on him going back on his agreements for specific performance of the agreement. It takes 5-8 months to get a hearing at this point on a low priority contempt action. I’m sure if I file a contempt my ex will look under every rock for something he can file a contempt on.

Or I can say we won’t be keeping the 4th one either. Should I keep the 4th agreement even though he’s broken the prior three?

Ex could file a contempt on the 4th agreement even after he went back on the three other agreements. If so will this make me look bad for going back on an agreement after he went back on 3?

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3 Lawyer Answers
V. Joy Edwards
V. Joy Edwards
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If the "agreement" become a Court Order, you can file a contempt if it is not being followed, or has not been followed. It sounds like he is in contempt so seek the assistance of the Court. Don't wait for him to tell the Court you are in contempt before you tell the the Court he WAS in contempt. It may sound "preachy" but two wrongs don't make a right. Seek the assistance of the Court to enforce it's order.

Regina Irene Edwards agrees with this answer

Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Don't disagree for the sake of disagreeing. Whatever the 4th agreement is, if it won't kill you to keep the agreement, then do so.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If you want to agree for the 4th time go ahead and see if your ex follows through this time. However, if the person is not abiding by a court order then you can file contempt at anytime. Work with an attorney who can help you with the process.

1 user found this answer helpful

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