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Ask AttyCBradford Your Own Question
AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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I was just served an OSC for contempt of order for not paying

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I was just served an OSC for contempt of order for not paying child support. I have not paid because my ex owes me money. I was speaking with another attorney who said I did not have to file a response, just show up to court. Is this right?
Also, my ex lied in court and I can prove it. Will it help my case? I'm filing two additional motions, one for change of custody and one for his contempt of violating the MSA

AttyCBradford :

Hello! That attorney's advice is only half correct. For the first hearing, no you SHOULD NOT file a response. The first hearing will be an arraignment, where you enter a plea of guilty or not guilty. You will then have a chance to file a response after that!! An OSC for contempt for non payment is ran very similar to a criminal cause as it is quasi criminal in penalties. As for you not paying simply because your ex owes you money, the judge will not accept this. The right to child support is your child's right not your wifes and therefore the obligation is owed to the child. Showing that she lied, will go to her credibiltity

AttyCBradford :

So all I say is "Not Guilty" and have the back-up documentation ready to give to the court?


My ex has not reimbursed his half of medical expenses, increased travel expenses due to his changes, nor the legal costs he was ordered to pay (offset from child support per order).

AttyCBradford :

yes. you will be scheduled for a second date to come back if you cannot afford a criminal lawyer they will appoint a public defender. Bring proof of the nonpayment by your ex as well

AttyCBradford :
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