Legal Question in Family Law in California

Child Support Contempt Hearing

My ex has filed contempt against me for back child support but I live out of state and she only gave me 13 days notice via mail(not certified). According to Ca Civ Pro 1005b she improperly served me as the requirement is 26 days. What do I file to have the contempt hearing dismissed? I really am not prepared to fly from florida to California with this short notice. Thanks.


Asked on 1/09/09, 3:00 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Contempt Hearing

The OSC In Re Contempt must be personally served in the same manner as a summons and complaint. I believe that a summons and complaint can be served on a person out of the state of California by Certified mail. You should retain counsel to appear at the hearing for the purpose of contesting service. That is a special appearance to contest service. Filing any form with the court, unless properly done, could result in a waiver of the lack of proper service.

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Answered on 1/15/09, 3:35 pm


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