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where support is not being paid the best recourse is a court order
The order can hold him in contempt and compel payment and also secure a judgment
often a motion or threat of it gets the non paying party to find the money
This can be done with help from the court clerks
or a lawyer can be used who can also ask for him to pay the legal fees in making the motion.
I hope that is fast, clear and helpful.
If I can clarify anything, please ask me
Doesnt he already have a court order to pay from the divorce decree?
Yes there should be
but now you are seeking to hold him contempt and a judgment
it is escalating the seriousness of it
and the court could have him arrested
That is the available recourse
and it is this level pressure that usually serves as the wake up call
where one is not paying
I hope that is clear
when ready, kindly click accept for the answer
I wish you luck and success with the claim.
What are the forms we need to ask for in California to handle this ourselves and not use a lawyer?
The clerk will give you a motion form which would include a notice of motion and affidavit to hold him in contempt and seeking a judgment
One last question, what is her rights in leaving the state and moving to Arizona to live with her mother and father for free, because he isnt paying her, doesnt she have options to vacate the decree or does she have to get a judge to order it? What can the judge do if she does?
She can indeed ask for that relief
and if he is not paying the court is more inclined to grant it
but it should be asked of the court
rather than her just getting up and leaving
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