CALIFORNIA FAMILY LAW
...Enforcement
......Contempt
.........Orders Enforceable By Contempt
............Support Orders
14 Cards On This Topic:
  • 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.