Legal Question in Family Law in California

Filing Contempt Pro Se for non-payment of credit cards(ordered in MSA and Stip

We have a MSA(2004) and a Stipulation(2006) stating that the ex-wife would pay credit cards upon receipt of the 401K split. She has received the split in January (08)and there has been no payment and she continues to dodge the question.

We would like to file contempt and have them paid Pro-SE....what type of defense would win in her favor and what type of attorney would she have to utilize Family Law or Criminal. Can we also ask for damages at that time re: inability to receive viable credit due to this reporting on the bureau. If she tries to retaliate with a CS modification will it be heard at the same time.


Asked on 4/03/08, 1:19 pm

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Filing Contempt Pro Se for non-payment of credit cards(ordered in MSA and Stip

You cannot file a contempt for non-payment of debts other than child and spousal support. You should talk to your attorney for your collections options. Good Luck, Pat McCrary

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Answered on 4/03/08, 1:52 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Filing Contempt Pro Se for non-payment of credit cards(ordered in MSA and Stip

You should probably handle this in civil court. If you do, then CS will not be an issue in the debt case. As she will have to seek modification of the CS order in family court.

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Answered on 4/03/08, 4:14 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Filing Contempt Pro Se for non-payment of credit cards(ordered in MSA and Stip

You should probably handle this in civil court. If you do, then CS will not be an issue in the debt case. As she will have to seek modification of the CS order in family court.

Read more
Answered on 4/03/08, 4:15 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Filing Contempt Pro Se for non-payment of credit cards(ordered in MSA and Stip

You should probably handle this in civil court. If you do, then CS will not be an issue in the debt case. As she will have to seek modification of the CS order in family court.

Read more
Answered on 4/03/08, 4:15 pm


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