Q: Is refiling contempt allowed?
If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?
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A:
Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.
When you previously asked the judge to take the contempt motion off the calendar due to an agreement, it did not eliminate your right to seek enforcement if the agreement was not honored. The court recognizes the importance of ensuring that child support payments are made as required.
Refiling for contempt involves gathering evidence that shows the NCP's failure to comply with the agreement. Be sure to document all instances of non-payment and any communications regarding the agreement. This will support your case when you present it to the court again.
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