If a party was ordered to pay child/spousal support and they lose their job, the court can help with child support enforcement by making orders requiring a parent to participate in job training, vocational rehabilitation and work placement programs at regular intervals and durations specified by the court, and to provide documentation of participation in the programs. In addition, the court can require the unemployed parent that defaulted on their support obligation to submit periodic proof of applications for employment to the court every two weeks of at least five places they have applied for employment. The court will then ascertain whether the parent has made good faith attempts at job training.
You can bring a contempt action for violation of child support order when the other party fails to seek and accept available employment consistent with the parent’s abilities.
A contempt proceeding is classified as quasi-criminal in nature, meaning that the obligor-citee, the spouse violating the child support order, has some of the constitutional rights of a criminal accused. A contempt is criminal in nature if the contemnor is imprisoned for a set, unconditional period of time; and likewise if the contemnor is ordered to pay a fine to the court. A contempt is civil in nature if the contemnor is ordered imprisoned only until he or she performs and act ordered by the court, or if ordered to pay a compensatory fine. The contempt action must be commenced no later than three years from the date the payment was due.
It is very difficult to meet the burden of proving a party is in violation of a child support order. Further, the court will not hear the matter unless it is properly presented to the court. If you do not have the knowledge of the court procedure and evidence rules you will not be successful in your contempt hearing. Therefore, it is imperative to retain the services of a knowledgeable Southern California family child support attorney to assist you in filing the proper documents for the contempt hearing and properly presenting the evidence to the court that the other party is in violation of the child support order.
Wallin & Klarich has more than 30 years of experience in family law and criminal law. Our attorneys will aggressively fight to get you the best possible outcome in your case. With offices throughout Southern California, we can be there when you need us — wherever you are. If your former spouse has missed child support payments, or if you’re thinking of hiring an attorney for any family law matter, call us today at 1-888-749-7428 for a consultation. We will be there when you call.
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