Legal Question in Family Law in California
Valid Child support order
One year ago the judge made a ''proposed'' order for child support and asked that my exwife write up the order to be signed. This never happened. Now my wife is taking me to court on contempt chatges because I am behind in payments. Is this considered a ''valid'' order since it was never written up and signed by the judge? Thanks
2 Answers from Attorneys
Re: Valid Child support order
Probably not. Yet judges have wide discretion. To increase your chances of success get represented. Contact me directly.
Re: Valid Child support order
The child support order is valid when the judge made the order. In a contempt case the person prosecuting the case must prove 1. there is a valid court order: 2. that the order was known to the accused: 3. that the person had the ability to obey the order: 4. the person disobeyed the order.
If the order is not written and signed by the judge, there is a question as to what the order says. Thus the first element is not proved.
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