Legal Question in Family Law in California
The Contempt is for Court Order:
In Divorce I was to give up all rights to his Company and I would get the money from the selling of the House. In the Order I was to get my Car (owned by the Company) but Respondent stated that he would not give up rights to the company car but I could drive it. Four (4) months after our Court Hearing and he was ordered to pay me $54,000.00 in Spousal Support Arrears he got mad and I got in the mail, legal paperwork relinquishing him rights to the ownership of the Company Car he was suppose to give up one (1) month short of five (5) years later (without prior knowledge of the Court nor myself).......wanted me to have to pay an extra $500 a year in Car Insurance and Registration. Since he legally owned (car owned by his Company not jointly) I wanted reimbursement of repair bills I paid on the car while he owned it. During this same time of May 2013-Dec 2013 he did not pay $1 of Spousal Support (which the Court Ordered him to reimburse at last hearing) I also paid $2,000.00 in car repairs. Him not giving me ownership of the vehicle for almost 5 years is what I am bringing "Contempt Charges" on......going against the Court Order in 2008.
1 Answer from Attorneys
The contempt remedy for noncompliance with a court order made under the Family Code is subject to a statute of limitations. (Code Civ. Proc., � 1218.5.)
For an alleged failure to pay child, family or spousal support, the contempt action must be commenced no later than three years from the date the payment was due. (Code Civ. Proc., � 1218.5(b).)
A contempt action to enforce any other order made under the Family Code must be brought within two years "from the time that the alleged contempt occurred." (Code Civ. Proc., � 1218.5(b).)
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