In a previous blog, we informed you of what could happen to you for lack of payment of spousal support. We informed you of how it could lead to contempt proceedings against you, of which are treated as “quasi-criminal” in nature by California Courts. Now, we will address how to defend against such proceedings for willful non-payment of spousal support.
The main defense to contempt proceedings against you for non-payment of support is your lack of ability to pay. Ability to pay and/or lack there of is the key here! In fact, a contempt adjudication “must be annulled where (the) moving party fails to carry (the) burden on (an) essential element” of the party’s ability to pay (In re Cassil (1995) 37 CA4th 1081).
Thus, if you can properly demonstrate a loss of income and/or a loss of employment as the reason for not paying your spousal support to the other party, as opposed to just not wanting to pay, etc., then you will have a great shot at defending against such contempt proceedings.
When facing contempt proceedings for lack of payment of spousal support, it is vital that you hire an experienced knowledgeable family law attorney to assist you to properly demonstrate your lack of ability to pay. If you or a loved one needs assistance with a spousal support and/or contempt issue, or any other family law issue please call Wallin and Klarich at 888-749-7428 any time! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day!
Email Us