Legal Question in Family Law in California

Marital Settlement States......Can we file contempt?

The MSA states that my fiancee's wife will pay the credit cards and assigned each card to her. Their divorce was final January 2005. She has yet to pay them and recently stated she would pay them with her 401K payout ...she hasnt paid them. She was inputed minimum wage in 2005 and we have proof that she has held a job making 18.50 per hour and she is currently going to school to become a cosmetologist. ....CAn we file contempt


Asked on 3/31/08, 6:08 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Marital Settlement States......Can we file contempt?

You cannot file contempt for failure to pay a debt. You might file a motion to establish the amount that she owes. I suggest that you talk to an attorney. This is a difficult area of law without any real good solutions. More information is need to give you any valuable advice.

Good Luck, Pat McCrary

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Answered on 3/31/08, 6:38 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Marital Settlement States......Can we file contempt?

Yes, but your success will depend on the specificity of the order she violated.

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Answered on 3/31/08, 11:38 pm


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