Legal Question in Family Law in California
My soon-to-be ex spouse is self-employed. We have a current order for spousal support and child support and he is not paying. I spoke with an attorney who said I should just be glad for what I had already received because there is no way to enforce/garnish a self-employed individual. Is there something I can file (i.e. contempt, etc) to compel him to pay?
3 Answers from Attorneys
You can file an OSC re: contempt. Additionally, you can enforce support orders the same as a money judgment.
Mr. Roach is correct. Garnishing wages is not the only way to collect. The simplest way is as Mr. Roach suggests - file a request for an Order to Show Cause (OSC) why he should not be held in contempt of court.
A good enforcement remedy is to request that the court order your ex to maintain a minimum of two months of support in a bank account that allows you to auto deduct or have a direct transfer.
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