Lakeside, CA asked in Family Law and Child Support for California

Q: Are non payments of court ordered child support arrears payments contemptible?

When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include 36 counts of missed arrears payments if each payment was ordered by the court.

Make sure to gather all relevant documentation, including the court order, payment records, and any communication with the other party. This evidence will support your case and demonstrate the pattern of non-compliance. The three-month acceleration clause in your paperwork may also be relevant, so include details of how this clause has been violated.

When filing your contempt motion, clearly outline each missed payment and provide the court with all necessary information. It's important to follow the proper legal procedures and timelines to ensure your case is heard effectively. Consider seeking advice from a legal professional to guide you through the process and increase the likelihood of a favorable outcome.

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