If your former spouse is not cooperating with court orders after your divorce, it can be very frustrating. You went through the court process and a judge made the ruling — that your ex-husband needs to pay child support, for instance. If he isn’t doing what he was ordered to do, it can be bad for you. You see your children suffering because you don’t have enough money to provide certain things for them. You know everything would be easier if your ex-spouse would just do what the court told him. What can you do?
One course of action in situations like these is to file a motion of contempt. In a contempt action, you are asking the court to “punish” the party who isn’t following the orders. Read on to learn how to file a motion for contempt of court in California.
1. File an “Order to Show Cause and Affidavit for Contempt.”
You will need to use the form FL-410. The first half of the form asks for general information like your name and address and the name and address of the person you are filing the motion against. The second half requires you to explain why you are filing, and demonstrate that the person intentionally disobeyed their court orders.
2. Make three copies of the document.
These copies will later be returned to you. You may need to pay a fee to have a police officer to serve your ex-spouse with their copies once you get the copies back from the court.
3. Take the copies to the court clerk.
The clerk is then responsible for scheduling a time for a hearing.
4. Attend the hearings.
At the first hearing, a judge will ask the other party for his or her plea. Depending on the plea entered, a judge will then set a hearing to hear the motion. At the second hearing, a judge will determine whether or not your ex is in contempt of court and take the appropriate measures to punish them for their violation and ensure that they will follow court orders in the future.
What reasons might I have for filing a motion of contempt?
There are many situations in which you might need to file a motion of contempt against your former spouse. Some include:
- They did not pay child support.
- They did not hand over the children when it was your turn to care for them.
- They violated a restraining order.
- And many more.
Who can help me if my former spouse is not cooperating?
If you find yourself in this situation, contact the Grey Legal Group. We can use our extensive knowledge and experience to help you navigate your case. Give us a call at (951) 587-8970 to get started.
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