Legal Question in Family Law in California
I have been awarded $2500/month Alimony in my recent divorce. Husband is not paying anything.....what are my options here to get the alimony paid? He is in contempt of court for 3 months.....should I send him to jail? would prefer a better option!
1 Answer from Attorneys
First you cannot send him to jail. You have some options.
If he is employed or has a regular source of income you can obtain an attachment for the ongoing support. The attachment can also include the arrears, but the amount of arrears would have to be set either by agreement or a court order.
Another option would be to record the support judgment with the county recorder in every county in which he owns real property. This will attach to any real property in the county in which his name appears on the deed. You will receive 10% per annum interest on the unpaid support payments.
As a last resort you can file an OSC in Re Contempt. Each payment he misses is a count of contempt. Each contempt can be punished by 5 days in jail and or a fine. Having him put into jail often results in no payment when he loses his job. The threat of jail may be sufficient to motivate him to pay the support.
Nearly any of his assets can be attached to collect support. Using the information you have and some imagination, with a knowledge of collection law should result in collection. This assumes that he has assets from which to collect the support.