Legal Question in Family Law in California

Impending Contempt Appearance

Hello,

I SINCERELY hope one of you might be able to give me some advice. I am at the end of my rope, and have no idea how to rectify my situation.

Several months ago, I was ordered by the court of Madera Ca to pay a certain amount per month in child-support, plus some in arrearages. My problem is this: I have no money, no job, no nothing. I have been living on the charity of my elderly parents for the last several years, since the dissolution of my marriage. My children had been, until this last January, living with my ex-wife, who was on welfare, until about two months ago.

I have a problem with my leg which refuses to heal, as well as high-blood pressure, and a back which bothers me most of the time. I am unable to work because of these problems, but have no medical documentation to back up my assertions.

I am due to report to court on the 25th of April to give cause why I have not paid in three months. Supposedly, I owe $12K in arrears. I do not know what to do, but go to jail, as I have no money to comply. What should I do?


Asked on 4/11/99, 11:18 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Impending Contempt Appearance

You will not go to jail unless you had the means to pay and refused to do so.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 4/13/99, 10:18 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Impending Contempt Appearance

You say you cannot work because of physical limitations, yet you are not receiving SSI or any other kind of disabilty income.

Truthfully, you sound like a malingering deadbeat to me.

You CAN and probably WILL go to jail. Under the most recent case law (Moss)you can be sentenced to jail even if you do not have a job, if the court is convinced that you could have a job if you wanted to and are simply avoiding work.

Query: if you did not have the "charity" of your parents, how would you live?

Matthew Kremer

Law Offices of Matthew M. Kremer

9665 Chesapeake Drive, Suite 310


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Answered on 4/13/99, 12:47 pm


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