CALIFORNIA FAMILY LAW
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Enforcement
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Contempt
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Orders Enforceable By Contempt
............Support Orders
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Failure to comply with order to support child is prima facie evidence of contempt.
Parent who, otherwise lacking monetary ability to pay child support, willfully fails and refuses to seek and accept available employment commensurate with skills and abilities may be held in contempt.
Trial court does not have jurisdiction to reduce child support arrearages regardless of whether obligee spent actual amounts ordered for childcare add-ons.
County may enforce c/s arrearages, including amounts due them for reimbursement of public assistance and arrearages, by contempt. Crider nullified by statute.
Spousal support may be enforced by contempt.
Contempt proceeding is proper method to enforce child support order.
H may not be jailed for failing to get job so he can pay support.
Contempt will not lie to incarcerate where H has ability to work, but fails to do so.
Although support order may be based on ability to earn, contempt citation must be based on actual earnings.
Paying spouse may be held in contempt for failing to pay child support despite no earnings, where s/he has assets from which it could be paid.
Support which is agreed to in MSA and incorporated in out-of-state judgment may be enforced by contempt; other state's law controls on whether incorporation has occurred.
Support orders may be enforced by contempt.
Being in contempt of court order does not preclude enforcement of child/spousal support orders.
Reconciliation shall be considered an ameliorating factor in contempt proceeding.