How to Enforce Spousal Support Orders in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Enforce Spousal Support Orders in California

I’m Tim Blankenship with Divorce661. If you have a court-ordered spousal support (alimony) obligation in California and your ex isn’t paying, you have legal remedies. In this post I’ll walk you through the practical steps the court can take to make sure support is paid, explain your enforcement options, and share a real client example of how enforcement worked in practice.

Why enforcement matters

Spousal support orders carry legal weight. They aren’t just suggestions — they’re enforceable judgments. When payments stop, you don’t have to accept it or try to handle collection on your own. California law gives you several tools to collect past-due support and ensure ongoing payments.

Common enforcement tools the court can use

  • Wage garnishment (wage assignment): The court can issue an order directing the payer’s employer to withhold a portion of wages and send it directly to you.
  • Interest on arrears: Courts can order interest to be charged on unpaid support amounts, which discourages nonpayment and compensates for delays.
  • Contempt of court: If a payer wilfully refuses to obey a support order, the court can hold them in contempt. Contempt can result in fines or jail in extreme cases, and it often motivates compliance.
  • Coordination with enforcement agencies: If child support enforcement is involved, the Department of Child Support Services (DCSS) can sometimes assist with spousal support enforcement, depending on the situation.

Step-by-step: What to do if you’re not receiving support

  1. Document missed payments. Keep copies of the court order and a clear record of missed or late payments (bank statements, canceled checks, emails, or texts).
  2. Prepare enforcement paperwork. File a request to enforce the order with the family court that issued the support order. The exact form and process can vary, so check local court rules or get help preparing the documents.
  3. Request specific relief. Ask the court for a wage assignment, interest on arrears, and any other appropriate remedies. If you believe the nonpayment is intentional, request a contempt hearing.
  4. Attend the hearing. Bring your documentation and be prepared to explain the payment history to the judge. The court will review the evidence and decide which enforcement measures to issue.
  5. Follow up on orders. If the court orders wage garnishment or other remedies, make sure those orders are served on employers or agencies so payments start flowing.

Real client story

We recently helped a client whose ex stopped paying support after losing a job. The client thought there wasn’t much they could do. We filed the enforcement paperwork with the court, and after review the court issued a wage assignment through the ex’s new employer. As a result, payments resumed automatically. This is a great example of how enforcement can be fast and effective when you follow the right steps.

When to consider contempt

Contempt is a powerful remedy but best used when the non-paying spouse is intentionally refusing to comply. If the payer claims inability to pay (for example, job loss), the court will look at whether the claim is legitimate. Courts are typically more willing to order wage garnishments or other remedies when the payer has the ability to pay but chooses not to.

How Divorce661 can help

  • We prepare and file enforcement paperwork correctly so your request is clear and persuasive to the court.
  • We can request wage assignments and coordinate service on employers to restart automatic payments.
  • If child support services are involved, we can help coordinate efforts with the Department of Child Support Services.
  • We offer flat-fee divorce and spousal support services and provide straightforward guidance through the enforcement process.

Next steps

If you have a spousal support order and payments have stopped, don’t wait. Gather your documentation (court order and records of missed payments) and take action to have the court enforce the order.

For a free consultation about enforcing your spousal support order, visit Divorce661.com or schedule a free phone consultation at Divorce661.com/divorce661-consultation/. We’ll review your situation and help you take the right steps to collect what you’re legally owed.

Final thoughts

Enforcement options like wage garnishment, interest on arrears, and contempt are designed to make support orders effective. Courts can and do take nonpayment seriously — and with the right documentation and strategy, you can get support payments back on track.

“If support is court-ordered and not being paid, you can file a request to enforce the order. The court can step in by issuing a wage garnishment, charging interest on unpaid amounts, or even holding the non-paying spouse in contempt.”

 

Understanding Divorce Settlement Orders: Consequences of Violations | Los Angeles Divorce

Posted by Tim Blankenship on

 

Understanding Divorce Settlement Orders: Consequences of Violations

Divorce is often a complex and emotional process, and once finalized, the terms in your divorce settlement order become legally binding. If either party fails to adhere to these terms, it can lead to significant legal and financial consequences. In this post, we will explore what happens if you violate a divorce settlement order, the steps you can take if your ex does not comply, and the potential penalties for such violations.

What is a Divorce Settlement Order?

A divorce settlement order is not merely a private agreement between two parties; it is a court order that both spouses are legally obligated to follow. This order encompasses various aspects such as child custody, spousal support, property division, and any other stipulations agreed upon during the divorce proceedings. Understanding that these terms are enforceable by the court is critical.

Consequences of Violating a Divorce Settlement Order

When one party violates the terms of a divorce settlement order, the other party has the right to seek enforcement through the court. Here’s what can happen:

  • Filing a Request for Order: The aggrieved party can file a request for order with the court to enforce the terms of the divorce settlement. This is often the first step to address non-compliance.
  • Potential Penalties: The court can impose various penalties on the violating party. These can include financial penalties, attorney’s fees for the party that had to bring the motion, and even modifications to existing orders.
  • Contempt of Court: In severe cases, the court may hold the violating party in contempt. This can result in fines or, in extreme instances, jail time.

Real-Life Example: Enforcing a Car Loan Refinance

Let’s consider a real client story to illustrate the consequences of violating a divorce settlement order. We had a client whose ex-spouse refused to refinance a car loan that had been awarded to them during the divorce. This refusal was damaging our client’s credit score. In response, we filed an enforcement motion, and the judge set a firm deadline for compliance. The seriousness of the situation was underscored by the potential consequences for ignoring the court order.

How to Take Legal Action if Your Ex Violates the Agreement

If you find yourself in a situation where your ex is not following the court order, here are steps you can take:

  1. Document the Violation: Keep thorough records of any instances where your ex has failed to comply with the divorce settlement order.
  2. Consult a Legal Professional: It’s crucial to seek legal advice from a family law attorney experienced in enforcing divorce settlements. They can guide you through the process and help prepare the necessary documentation.
  3. File a Motion: Your attorney can assist you in filing a motion to enforce the order. This includes preparing the request for order and any supporting documentation that proves the violation.

What Courts Can Do

Once a motion is filed, the court has several options available to address the violation:

  • Enforcement: The court can order the violating party to comply with the original terms of the settlement.
  • Penalties: Financial penalties may be imposed on the party that violated the order.
  • Contempt Charges: If the violation is willful, the court may hold the party in contempt, which can lead to fines or jail time.

Understanding Contempt of Court

Contempt of court is a serious matter in family law. If a judge finds that your ex willfully violated the terms of the divorce settlement, they could face significant penalties. But it’s essential to understand that contempt is not merely about punishing non-compliance; it is also about ensuring that the court’s orders are respected and followed.

Considerations Before Filing for Contempt

Before you decide to file for contempt, consider the following:

  • Intent: The court typically looks for willful non-compliance. If your ex cannot comply due to circumstances beyond their control, such as financial hardship, contempt may not be the appropriate action.
  • Impact on Relationships: Pursuing contempt can escalate tensions and potentially impact other relationships, particularly if children are involved. Always weigh the emotional ramifications.
  • Costs vs. Benefits: Legal actions can be costly and time-consuming. If your ex is unlikely to comply regardless of the outcome, it may not be worth pursuing.

How Divorce661 Can Help

At Divorce661, we specialize in preparing and filing enforcement motions. Our team ensures that all paperwork is completed accurately and supported with the necessary documentation. We understand the nuances of family law and can guide you through the court process to restore compliance effectively.

Conclusion

Divorce settlement orders are designed to protect the rights and interests of both parties following a divorce. Violating these orders can lead to significant legal consequences. If you find yourself in a situation where your ex is not complying with the court’s orders, it’s crucial to take action. Remember, you don’t have to navigate this process alone. Seeking legal assistance can make a world of difference in ensuring that your rights are upheld.

If you’re facing a violation of your divorce order or need help catching up yourself, visit Divorce661.com for a free consultation. We’re here to help you fix the issue and protect your rights.

 

Ventura Divorce Court Stops Contempt Of Court Filing

Posted by Tim Blankenship on

I don’t know who is running the show over at the Ventura Courthouse, but it sure does not seem that the judges are.  We helped a client of ours by preparing a contempt of court filing because her spouse was in violation of the court orders by not paying child support.

He had not paid for 2 months and indicated to her that would not be paying.  Well, the only way to get this resolved is to file a Request For Order for Contempt.

Now, the clerks office are not supposed to interfere or give any type of legal advice.  But when our client went to the courthouse to file her contempt of court the clerks office, at least 2 employees, were advising her not to file the contempt charge, that it is hard to prove and discouraged her from filing it.

Our client pushed the issue, because this is a clear cut cast of contempt, especially when it involves child support, and the spouse out right refuses to pay.

What is she supposed to do, the husband has not paid for 2 months and she is taking care of the kids all by herself without any financial assistance.

I feel bad for this client of ours because she represented herself, and continues to, with the help of our company and we got her case completed and orders in place.  Then her spouse hires an attorney to try to get the judgement set-aside so they can file a response and re-open the case.  That hearing is still pending and i will report what happens with the set-aside request.

Santa Clarita Divorce | Punishment For California Contempt Of Court

Posted by Tim Blankenship on

Santa Clarita Divorce | Punishment For California Contempt Of Court

I had just finished up writing an article about California Divorce and Contempt of Court and thought I would follow up by writing about what the punishment can be after the divorce court makes a finding of contempt of court.

The punishment for contempt of court comes from California Code of Civil Procedure 1218(c) which states that for each act of contempt, the convicted spouse or parent shall be fined up to $1000 and or imprisoned for up to five days. Notice that this is for each act of contempt. In support proceedings, each monthly payment is a separate act. The court also has the power to order community service.

he punishment in family law proceedings is mandatory.

On a first offense, the spouse or parent convicted of contempt must be ordered to perform community service for up to 120 hours or be imprisoned for 120 hours, which amounts to five days, for each count of contempt. Therefore, for example, if there was a failure to pay child support for 10 months, that is 10 separate counts or 50 days in jail.

If there is a second contempt finding, the rules become more severe, the punishment now becomes 120 hours of community service and imprisonment for up to 120 hours, for each act of contempt.

For a third and any further contempt findings, the convicted spouse or parent must be imprisoned for up to 240 hours (which amounts to 10 days) and ordered to perform up to 240 hours of community service, for each count of contempt.

There are also fees and costs associated with the contempt proceeding.

The court must take into account a spouse or parent’s employment schedule when ordering community service or jail. After all, how is a person found to have violated a court order, especially a support order, supposed to make support payments if your she loses his or her job?

The court is not mandated to award attorneys fees in California contempt of court proceedings. It is a discretionary function of the court.

If you need to file a contempt of court for your divorce case please give us a call for help.  We can prepare your contempt of court motion, file it with the court and serve your spouse to get you into court.

 

References

Farzad Family Law Blog

California Code of Civil Procedure

 

Santa Clarita Divorce | Filing For Contempt Of Court For Divorce

Posted by Tim Blankenship on

Santa Clarita Divorce | Filing For Contempt Of Court For Divorce

While we handle both uncontested and contested divorce cases, every once and a while we will recommend that you file a Contempt of Court motion.  I wanted to discussed the filing of Contempt of Court and when you may want to use it as I am in the middle of completing a contempt of court for child support for a client.

When you have a court order and the other spouse is not following the order of the court, you have “contempt of court”.  When this happens you have 2 choices.  You can either file a regular Request For Order (motion for hearing) asking that the court compel the other party to comply with the previous order. Second you file for Contempt of Court.

The difference is that when you ask the court to compel the other party to comply with previously given orders, usually all the court will do is admonish the other party harshly and advise them to comply.  It seems odd to have to go to court to have the court order the other party to do something that they have already ordered them to do.

This is where Contempt of Court comes in handy.  Contempt of Court is actually criminal in nature. If the court finds the other party in Contempt, the possible penalties include jail sentence, community service, and fine.  It is a serious offense to file against or be accused of Contempt of Court and the penalties can be $1,000 or community service per count of contempt.  You can read the article where we discuss the penalties of California contempt of court cases here.

When I say each count of contempt, i am referring to the fact that, for instance, if you missed 5 payments for child support, each of those missed payments is a count of contempt.  So you can see that the charges really can add up.

So what would be some of the uses for contempt of court?

  1. Contempt of Court of California Child Support Orders
  2. Contempt of Court of California Spousal Support Orders
  3. Contempt of Court for Failure To Pay Attorney Fees
  4. Contempt of Court for Failure To Follow an order to seek work
  5. Contempt of Court for violation of domestic violence or other restraining orders
  6. Contempt of Court to enforce nonpayment of the debt
  7. Contempt of Court of California child custody and visitation orders
  8. Contempt of Court for failure to pay an equalization payment
  9. Contempt of Court in splitting property assets

The above contempt of court charges are the most common.  Probably the most filed contempt of court charges are in relation to contempt or child support and spousal support.

If you need assistance filing a contempt of court case against your spouse please give us a call.