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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Good morning, my wife asked for a divorce in California. in

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Good morning, my wife asked for a divorce in California. in the divorce I was provided spousal support (which is to be paid on the first of every month). She seems to find it funny to always be late with the payments. Is this a Contempt of Court, Complaint for - a legal action for any deliberate failure to comply with the legal process, including the disruption of the court, a failure to obey a court order or judgment. My bills are due on the 1st of the month and I get penalties and fines when late, is there something I can do about this?

Thank you for your question.

 

Yes, it does constitute contempt of court to be late with spousal support. You can file a motion for contempt and you can also ask that her wages be garnished so that you receive your alimony in a timely fashion and directly from her employer.

 

 

Customer: replied 8 years ago.
How can I go about filing a complaint, do I need a lawyer to do this or can I find the channel myself. The court is the Superior Court of California, County of Santa Clara?

You do not necessarily need a lawyer to file the annulment proceedings. CA courts have an excellent self-help resource which shows all the forms and answers some questions here:

 

http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm

 

 

Lady Themis and 8 other Family Law Specialists are ready to help you

Please disregard my previous post. I apologize.

 

The information you will need is here:

 

http://www.courtinfo.ca.gov/selfhelp/family/enforcement/csps/nopay.htm

 

You can do this yourself. Of course it is always advisable to have an attorney, but the proceedings are somewhat straight-forward.