Legal Question in Family Law in California
Next Step
My husband filed to modify child support, we agreed to a settlement amount, but he will not sign or acknowledge the modification document. It has been 3 months with no response. Since it lowers his obligation, I sent his attorney a letter giving him a timeframe after which my settlement offer was revoked and I would enforce the current order. He still did not reply, and is paying the agreed upon settlement amount, not the existing order amount which is higher. What action if any do I need to take with the court to abandon his modification action since he is unresponsive to finalizing the modification, and collect the arrearage both past and current?
2 Answers from Attorneys
Re: Next Step
Unless the prior court oprder was modified, by a new court order it is still the existing court order, and will be enforced by the court. You should verify that the old order has no been modified. You can then file an Order to Show Cause why he should not be held in comtempt for not paying the court ordered support.
Re: Next Step
If you are agreeable to tne new amount, why do anything?
If you are no longer agreeable, then rather than do a contempt, do an Order Assigning Wages for the "old" support amount and the arrearages.
That will get his attention.
Finally, why is this thing "hanging"? You said he filed for a modification, which means that there is a court date pending, which would seem to be a deadline to resolve the matter.
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