Legal Question in Family Law in California
What Form do I file to get the "Court" (since the Court has Jurisdiction) to nullify previous "Agreement(s)" (because of a pattern of constantly abusing the agreement---picking and choosing what part of the Agreement to abide by and ignoring the rest) and taking over with a Court Order. Originally, prior to Agreement, I requested the Court to decide and Order how Spousal Support Arrears would be paid. If I would have know how there is no "Contempt of Court" consequences with an Agreement, I would have gone ahead at let the Court Rule. Now, what are my options?
2 Answers from Attorneys
You don't. You either need to have the agreement turned into a court order/ judgment by way of motion, or you need to have a contested hearing/ trial.
Your history is a bit confusing. Generally an agreement is made a court order and that can be enforced by contempt. I recently taught a seminar to attorneys in the El Cajon Courthouse on collection of child support and spousal support. I opened the seminar by stating that Contempt is rarely a viable solution. I would suggest that you talk to a family law attorney familiar with collection and enforcement of support and other orders. Take in all of your paperwork.
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