When Spousal Support is not being paid is my only option to file contempt charges?
State/Country relating to question: California
I have tried filling out the forms for contempt by myself. I have more questions than answers. I filed contempt charges before this and was able to make a deal to get an additional $200 per month. This time he is behind four months. He has not worked for seven months and has been riding his unemployment. Is it best to file for contempt charges now or wait until he does find work. If it does not work in my favor when I file now, will I be able to file again when he is working?
Dear JACUSTOMER - The only way to get a court to enforce an order is to file a motion for contempt. It is the only power a court has to enforce what it orders since it is a civil and not a criminal case. You can always file for contempt whenever the order is being violated so you would not be prohibited from filing future actions whenever he falls behind. You also can ask the court to award attorney fees for any motion for contempt so you may want to consider getting a lawyer to assist.
So if the judge gives him the benefit of the doubt and makes a judgement in his favour I will be able to file contempt charges again when he finds a job for the same time period?
Yes, so long as he has not paid. I am assuming the judge would add what he owes to an arrearage and not simply waive the support so that he will owe the total until it is paid, whenever that may be. It may take longer but if you keep after him hopefully you will eventually receive everything you are entitled to. You may also request that the judge issue a "seek work" order which would make him look for jobs and report back to the court as to his progress.
My case is filed in Napa County. Is there any way I can file in the county where I live. I am more than an hour away from Napa County.
Yes, you can have the case transferred to your county or any state in the US for that matter. It gets a bit more complicated but it can be done. You can file by mail in the other county but if there is a hearing you would have to appear so you have to decide whether you want to get the case transferred and spend the extra effort involved or file your motion by mail in the other county.
For now I want to file by mail. Can you tell me how this is done?
You prepare your documents and send them to the court for filing and a praecipe to have the opposing party served. I can only provide general information from this website as we are not permitted to represent client or prepare documents. I have included the CA self help legal sit below that may be of some assistance.
25 years experience as practicing attorney
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