Legal Question in Family Law in California

Wife filed contempt charges. She has incomplete records of what I have paid since October because she cashed my checks instead of depositing them. I fell behind in spousal support (less than one month's worth-no kids) and could not put my wife on my health insurance as I changed jobs and was not eligible for it within a week after the judge ordered it. During my 90 day probation period, wife and I agreed I would pay for a separate plan for her (she even chose it-I have email proof of the agreement). I fell behind in support because I was ordered to list my house for short sale and move out so she could move in (she hasn't yet 3 months later) on VERY short notice. I had moving costs that put me behind but I kept paying all I could. Is this an adequate defense to the contempt charge? I asked for an attorney to be assigned to me, I assume this will be a public defender? Have not heard from them yet-hearing was just yesterday.


Asked on 2/05/13, 2:47 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If you qualify, you are entitled to a public defender to help you defend against contempt charges. The reason for this is because contempt is considered quasi-criminal and can result in a loss of liberty for the accused.

Generally, the inability to comply is an affirmative defense that must be proved by a preponderance of the evidence by the alleged contemner (you). (Moss v. Superior Court (1998) 17 Cal4th 396.) But the inability to comply cannot be created by you.

I don't know about Sacramento County, but in Los Angeles County, there is a dedicated public defender who handles contempt proceedings. I know because I've had to deal with him. He is pretty skilled, and although I personally do not like him, he has not lost a case that I've ever known about. I tell you this because you need to have a good conversation with the public defender who is assigned to you.

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Answered on 2/05/13, 3:17 pm


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