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How long to until contempt can be filed?

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What is the name of your state (only U.S. law)? CA
How long should one wait to file contempt for non-payment?
DCSS is in charge of the case but from what I understand I can request that they file for contempt.
NCP is over $70 thousand in arrears. Has paid a total of $700 in the past 6 years when the first support order was made.
A new order was made 7/7/09. A wage assignment was sent.
Just found out from DCSS today that NCP quit his full time job and his two part time jobs as well. Previously NCP had his license revoked by DCSS due to non-payment. He was given a temporary license to find work in which the time period will end August 1st. As far as I know NCP is still working under the table.....also know that it is nearly impossible to prove that type of employment.
When a parent is charged and jailed for contempt how long do they stay in jail for?
There are also issues with citizenship status. Considering I am the Ex I can not get information on his status. Born overseas, Lived here in the states, fled overseas, then moved back recently) with a temporary Visa. I don't know how long those last or how to find out if his is valid.
Any help would be great.
 


CourtClerk

Senior Member
DCSS is not going to be compelled to file contempt charges on a new order anytime soon, but the bigger question is why they didn't file for contempt on the old order?

His passport is revoked. He will be able to keep his license, I'm sure come August, especially if he comes up with some cash.

No one goes to jail on the first contempt citation in CA, unless there are just the right circumstances, and you don't have them.
 
DCSS is not going to be compelled to file contempt charges on a new order anytime soon, but the bigger question is why they didn't file for contempt on the old order?

His passport is revoked. He will be able to keep his license, I'm sure come August, especially if he comes up with some cash.

No one goes to jail on the first contempt citation in CA, unless there are just the right circumstances, and you don't have them.
He fled the country. They were unable to serve him. I had the same issue with divorce judgment and restraining order contempts.
His passport was supposed to be turned in to the Dutch Consulate years ago but was never enforced. (He is a Dutch citizen) That's why he was able to leave the country 5 years ago. When I met him he was a resident alien. While in Holland this time he let it expire and apparently came back here to the states on a temporary Visa.
DCSS told me this morning that if he doesn't make a payment by the 1st his DL will be revoked again. (it was released to him temporarily pending child support payments) Do you think she was blowing smoke?
 

CourtClerk

Senior Member
They could move to have his DL suspended (they can't have it revoked), however, if it's his intention to get a job.... not having a license will certainly hinder his search. Shooting ourselves in the foot are we? Even still, if he comes up with some cash to throw their way, they will quickly let the license issue fall by the wayside.
 
The kicker is.....he drives for a living!
I have a suspicion that he quit his other job because his temp. visa expired.
I know that he is working (driving) under the table. I have an email from him telling me so and I ran into his (under the table) employer a while back confirming.
I personally don't understand a system that suspends drivers licenses.
How is one supposed to get back and forth to work so that they CAN pay?
Going after property or bank accounts first would make much more sense.
So even if he makes a partial payment they won't suspend?
 

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