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Contempt for Failure Seek Work if no Support owed

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calypso32

Junior Member
What is the name of your state (only U.S. law)? California

I was issued a seek work order for 1 month. At the time, about $6k in arrearages was due and current support has been paid on time, in full for the past 3+ years. The contempt action is coming up but the situation has changed such that I have paid all arrearages in full. I am self-employed, my income is down w/in my industry but I want to continue doing what I do for a living and not be forced to pursue alternative employment b/c my ex is holding up a tax return from 6 years ago saying I can make that much (which would mean working hours away from my child- which is how I once made that much- she would take my custody immediately if I worked that far away). What authority does court have to hold me in contempt now that I don't owe any money. What approach would be best to prevail in defending against this action now? I have already had my earnings imputed at $15/hr when I don't even have a high school degree. How am I in contempt of anything? My ex is a vexatious litigant and wants to control me and compel me to take work out of town so she can shrink my weekly visitation (3 days a week since birth) and trying to use the court to do it- she brings in Craigslist postings for jobs 2 hours a way... What should I say to the Court? Thank you for any advice.
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? California

I was issued a seek work order for 1 month. At the time, about $6k in arrearages was due and current support has been paid on time, in full for the past 3+ years. The contempt action is coming up but the situation has changed such that I have paid all arrearages in full. I am self-employed, my income is down w/in my industry but I want to continue doing what I do for a living and not be forced to pursue alternative employment b/c my ex is holding up a tax return from 6 years ago saying I can make that much (which would mean working hours away from my child- which is how I once made that much- she would take my custody immediately if I worked that far away). What authority does court have to hold me in contempt now that I don't owe any money. What approach would be best to prevail in defending against this action now? I have already had my earnings imputed at $15/hr when I don't even have a high school degree. How am I in contempt of anything? My ex is a vexatious litigant and wants to control me and compel me to take work out of town so she can shrink my weekly visitation (3 days a week since birth) and trying to use the court to do it- she brings in Craigslist postings for jobs 2 hours a way... What should I say to the Court? Thank you for any advice.
It's not as simple as it might look. In general, the court would not want to find you in contempt as long as you're paying CS in full.

However, if the court lowered your CS on the basis of your unemployment, they COULD hold you to a 'seek work' order.

I would consult a local attorney to get a feel for how your judge is likely to rule.
 

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