Legal Question in Family Law in California
I filed osc for c/s contempt, $150,000 in arrearage. He has invoked 5th and will not testify or produce documents, self-employed DDS, his response is that he sent payments to me but I never cashed them, just to harass him. Any ideas how to rebut this ridiculous defense? I have burden of proof.
1 Answer from Attorneys
Since you are the one filing for contempt, that is correct you have the burden of proving beyond a reasonable doubt that he did not pay you. Having done contempts myself, I know it is challenging and it is a high burden of proof to meet. You would need to prove that each payment was not made and that he had notice that he was supposed to pay you.
Because judges do not typically like contempts, sometimes its easier just to get a calculation of arrearages and enforcement for payment on a schedule or through other means of collection. You may want to consider a compromise amount if he can come up with some type of lump sum. It is a very large amount. Your best bet is to talk to a local attorney in your area.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/