Legal Question in Family Law in California

I have an OSC for Contempt case on monday in a Sunnyvale, CA Courthouse. Ex-husband stopped paying support completely, never sent in his response after I had him served, Commissioner ruled Settlement Agreement is VOID and she restored Child Support at guideline. I am just trying to get back what was court ordered in our divorce settlement, my permanent spousal support. I am representing myself and he will have a lawyer. California Child Support Services Database indicates that he is already in default for not responding in this case. I included evidence that he was employed at the same time he was receiving unemployment benefits (I have EDD Debit Card he gave me to use with his last name mispelled) I confirmed EDD payments he received while he was employed at current employer. I was able to confirm multiple employers, not only one employer as he stated on his most recent Income and Expense Declaration. Q: What do you think my chances are of restoring my permanent spousal support and winning my case? I am nervous for our son and I, become anything less than a win, means we are homeless.


Asked on 10/21/14, 6:24 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Contempt proceedings are for enforcing an existing, valid order that is not being complied with. They are not for putting an order in place. It is confusing from reading your post what you are seeking contempt proceedings for: the new guideline child support? the stipulated amount that was void? An order that has not yet been made?

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Answered on 10/22/14, 9:08 am


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