Legal Question in Family Law in California

My ex-wife still giving me problems & refuses to honor or accept court's order

Ex-wife was arrested & charged with domestic violence. Ex-wife was and taken to jail. District Attorney later dropped the case. I was awarded total legal and physical custody of my daughter. Ex-wife and I were required to attend a co-parenting class and submit proof to court by October 2000. I completed mine. Till date Ex-wife did not attend. Ex-wife

was also required to pay 50% of our child's daycare & uncovered medical bills. Ex-wife till date refused to pay. I am currently owed over $7,000. I however continued to allow Ex-wife to have visitation with daughter. Ex-wife had constantly made troubles at every daycare/preschool our

daughter attended.

I do not want to go back to court. Don't like the experience and the cost. Please what actions can I take without violating the Judge's order myself.

Secondly, are my monthly medical premiums for our daughter included in what wife is supposed to share in?


Asked on 11/26/02, 9:28 am

3 Answers from Attorneys

Edward Lindley Edward Lindley, Attorney at Law

Re: My ex-wife still giving me problems & refuses to honor or accept court's ord

1. Does she work, if so, garnish her wages, you should have done that right after the hearing.

2. You have complied with the court order, you have not "allowed" anything.

3. School problems, you need a restraining order, hence court.

4. read the support Order,San iegousutally does hnot domthat,so it is unlikley tyhat tyhe insurance premium is an expense to her, it was calculated into child support at the time the order was made

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Answered on 12/08/02, 10:46 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: My ex-wife still giving me problems & refuses to honor or accept court's ord

I understand the cost and experience of court can be unpleasant. Unfortunately, there is no other choice for you. You can garnish her wages for what she owes, but you will have to go in front of the judge to get her away from the daughter's school. The judge can find her in contempt for not attending the classes. You simply have too many issues to be resolved anywhere other than the court.

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Answered on 11/26/02, 12:27 pm
Rhonda D. Beers, Esq. Law Office of Rhonda D. Beers

Re: My ex-wife still giving me problems & refuses to honor or accept court's ord

You really have basically two choices: 1. Allow things continue; or 2. Go to Court. Child support and visitation are considered to be independent of each other - you cannot withhold visitation for nonpayment, and you can't refuse to pay if your visitation is thwarted. You have to decide whether you can live with the way things are or not.

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Answered on 11/26/02, 2:28 pm


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