Most people associate racketeering law with organized crime, not with a support dispute between two parents. The Georgia Supreme Court recently made clear that the state RICO Act reaches both. For families still litigating custody, support, or property issues, the decision changes what a party can be held accountable for.
What the Court Held
A unanimous opinion issued June 30 reversed a Court of Appeals decision that had ruled the Georgia Racketeer Influenced and Corrupt Organizations Act did not apply to domestic disputes. The justices faulted the appellate court for offering no meaningful analysis of the racketeering statute and ordered it to consider the underlying claim.
The appeals court had characterized the application of RICO to a routine domestic dispute as unreasonable and contrary to the law's original purpose. The high court disagreed, noting that the statute's text prohibits any person from conspiring to violate its provisions.
How the Case Developed
The dispute began when a father sued his ex-wife in Cobb County Superior Court to recover child support he claimed was unpaid. He later admitted he had presented incorrect information and had relied on calculations prepared by his fiancée. The court found the claims substantially frivolous and concluded he had filed suit to harass and intimidate. His ex-wife then filed a separate action in Paulding County under the RICO Act, alleging the two had conspired to file false documents about her payments.
Two courts ruled against her before the Supreme Court intervened.
Why the Ruling Reaches Ordinary Cases
The statute applies to any person who conducts an enterprise through a pattern of racketeering activity, a standard set out in Georgia Code Section 16-14-4. Nothing in that language limits it to criminal syndicates.
Legal observers noted that several predicate offenses already appear in contested family cases.
- Forged or altered financial records submitted to a court
- Fraudulent communications about income, assets, or arrears
- Coordinating with others to have them testify a certain way
- Repeat filings designed to exhaust the other party
A civil RICO judgment can carry treble damages, attorney fees, and injunctive relief. That exposure is far greater than a routine sanctions award, and it applies to conduct that some litigants have long treated as ordinary posturing.
What This Means for Your Case
Honest disagreement about numbers is not racketeering. Deliberate fabrication supported by a pattern of conduct is a different question. If you believe the other side has manufactured evidence, an experienced Roswell, GA family lawyer can assess whether the record supports something beyond a standard motion.
Documentation is what separates the two. Bank records, filed pleadings, and written communications carry weight that recollection does not.
If you are dealing with a former spouse who has misrepresented finances, a family lawyer in Roswell, GA can review what has been filed and explain your options. Contact Vayman & Teitelbaum, P.C. to schedule a meeting with a member of our team.
