Legal Question in Family Law in California

violation of court order

My cousin is in the middle of a divorse and her husband has been ordered by the court to pay the household expenses until the divorce is final. He has not been doing so and she took him back to court (which costs her $2,000 each time) and he still is not doing so. She is hurting financially. What can she do?


Asked on 2/01/08, 3:43 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: violation of court order

If he is employed a wage attachment can be served on his employer. If he is self employed then his bank account can be attached. The local child support services agency will enforce the support order at no charge to her. This agency is slow but affective.

There is also the possibility of an OSC for contempt. This could result in him being put in jail for 5 days for each payment he has missed.

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Answered on 2/07/08, 3:30 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: violation of court order

She can keep paying (borrow the money, if necessary), then offset it againt assets in the final judgment. If there are no assets, he'll be ordered to pay that amount. Then it will be up to you to collect it from him.

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Answered on 2/02/08, 12:13 am


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