Legal Question in Family Law in California

Deadbeat files for modification before contempt hits

On 12/18, there was a JDX with DCSS. He has until 1/31 to make a full payment. ANYWAY, he filed for a modification of child support on 1/21, knowing DCSS was going to refer him to the next level of enforcement - contempt. They scheduled the modification hearing on 4/24/02. The Contempt unit told me today that they are backlogged 400 cases and I told them that he's trying to slip through the cracks. He works for his girlfriend, who is hiding money in her sole proprietorship, not the partnership that they share. How can I get the contempt hearing to coincide with the OSC Modification of Child Support? He is a deadbeat that hasn't made any payments since 7/02. It's not that he can't pay, he won't pay. Girlfriend holds the checkbook, and should be in contempt too, as the original wage assignment in 10/01 was issued to her, since the I&E he provided said he was working for her since 4/01. Now they've changed their stories. I have all Court Transcripts, I&E's, etc. How can he file an OSC Modification when he hasn't paid anything since 7/02, just to avoid contempt? Don't want to go on and on. PLEASE HELP!!!!!


Asked on 2/04/03, 12:51 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Deadbeat files for modification before contempt hits

contact me asap for more help.

[email protected]

562-743-1357

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Answered on 2/04/03, 2:22 am
Robert Mccoy Law Office Of Robert McCoy

Re: Deadbeat files for modification before contempt hits

It depends on whether you are receiving welfare benefits. If you are then you have assigned your right to collect child support to the county. If you are not then you can seek contempt yourself, i.e. by hiring an attorney. If you do not want to pay for an attorney then you just have to wait. Also, I fail to see why it would matter whether contempt is sought before or after modification. Either he willfully failed to pay child support or he was unable to pay--whether he seeks a modification is irrelevant. The court will not try the contempt issue along with the modification issue as theses are completely separate matters. I believe you are confused on this issue.

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Answered on 2/04/03, 2:42 am


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