Question for I Am Always Liable

If a non-custodial parent owes child support arrearages and isn't currently paying child support, either, (because she claims she cannot "afford" to), but goes out and purchases a brand new vehicle, what rights does the custodial parent have? Thanks.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by supporting kids by myself:
[b]If a non-custodial parent owes child support arrearages and isn't currently paying child support, either, (because she claims she cannot "afford" to), but goes out and purchases a brand new vehicle, what rights does the custodial parent have? Thanks.[/b]<HR></BLOCKQUOTE>

My response:

It makes no difference if an obligor parent buys a new car, house, boat, or mansion. If the money is owed, it's owed. The only issue is the failure to pay the court-ordered child support, and whether an obligor parent likes three-sided rooms, with bars as a front door, and a nice, shiney, stainless steel toilet. That's the only concern of an obligor parent.

For an alleged failure to pay child support, a contempt of court action must be commenced no later than three years from the date the payment was due. [Ca Civ Pro § 1218.5(b); Moss v. Super.Ct. (Ortiz) (1998) 17 Cal.4th 396, 403, 71 Cal.Rptr.2d 215, 219, fn. 2]

A contempt cause of action for nonpayment of support may be broken down into separate "counts" for each month payment was not made in full. Thus, the fact the obligor stopped (or fell short in) payments over three years ago is not fatal to a contempt remedy: Each month within the three-year period for which payments were in default is separately punishable as separate counts of contempt. [See Ca Civ Pro § 1218.5(a); Moss v. Super.Ct. (Ortiz)17 Cal.4th at 403, 71 Cal.Rptr.2d at 219, fn. 2]

Go to your attorney and start an OSC hearing re: Contempt. She could be looking at some jail time.

IAAL




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IAAL, I have heard that in some cases, the custodial parent's attorney may file a motion to put a lien on the vehicle, home, or large purchase. Is that true? Also, if contempt of court is not filed within three years, does that mean that the ncp is no longer resposible for payment? What happens after three years.

I have been divorced for over 10 years. My ex has paid support on and off. He didn't pay for the first three years, then paid for a few, then stopped almost 4 years ago. I'm confused....can I still get the money that is owed to my children?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by helping out:
[b]IAAL, I have heard that in some cases, the custodial parent's attorney may file a motion to put a lien on the vehicle, home, or large purchase. Is that true? Also, if contempt of court is not filed within three years, does that mean that the ncp is no longer resposible for payment? What happens after three years.[/b]<HR></BLOCKQUOTE>

My response:

Sure. But why take on the burden of doing that, especially if there's not enough equity in the item? Let the obligor parent figure out how to get the money. The law is in the custodial parent's favor, and if given the choice of a contempt proceeding with the potential for jail, versus figuring out a way to make payment, the obligor parent will easily figure out that the car, boat, or whatever, needs to be sold.

The 3 years begins from the date of last payment; but, the 3 years also gets "pushed forward" if child support is continually not paid. Let's say that the last payment was made in 1995. You, as the custodial parent can go back 3 years from today's date, or 1997, to collect back support. And remember, each month of missed payments is a contempt matter. So, if 3 years is not paid, then there would be 36 contempt counts against the obligor parent.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 24, 2000).]

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by confusedlady:
[b]I have been divorced for over 10 years. My ex has paid support on and off. He didn't pay for the first three years, then paid for a few, then stopped almost 4 years ago. I'm confused....can I still get the money that is owed to my children? [/b]<HR></BLOCKQUOTE>


My response:

Yes, of course - - at least for the past 3 years. And, on top of that, he'll have to pay your attorney's fees. This is assuming, of course, that you had a prior court order in place.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."