Legal Question in Family Law in California

Please Help, when can u file for contempt?
Filed for contempt of court once already. Other party was found in comtempt for nonpayment of child support (8 mnths of no payments) a month ago & was told if theres another nonpayment they will be put in jail. Other party again failed to pay what the judge had ordered. Can I file another contempt for this nonpayment after one nonpayment? And as a hypothetical, if they only pay a portion, say $100 out of $1000 ordered, is that also considered contempt. Other party has the means of paying but refuses to do so, because they say the amount is too high. Amount was set clearly on what other party had disclosed to the court about their finances. Also is all these nonpayments or a very partial payment considered a form of harrassment?

Asked on 11/19/08, 12:43 pm

James Chau Law Offices James Chau

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Re: Please Help, when can u file for contempt?

You should file for enforcement of the contempt order. They have already been found in contempt of court.

As a side note, it may be more productive to file for some type of wage assignment so that you don't need him to pay you directly.

As always please consult with an attorney before taking any legal steps.

Good luck.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Answered on 11/19/08, 5:19 pm

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