Legal Question in Family Law in California

Contempt of Court?

There father earns commission and there is a court order stating he is to pay a percentage at year end based on the ''smith ostler'' system, for 2002 and 2003. He sent a check with a letter from his attorney as to his earnings. Nothing included to verify what he reported. My lawyer who i dont have any longer sent a request to his lawyer and client, they refuse to respond. For 2003, he refuses to pay anything alltogether and says were even. As i said a court order states otherwise. We agreed to release our attorneys and work this out between us, as long as there was a court order. What step do i take to get proof of income and to get a judge to enforce the order. Can I ask that sanctions be considered as well as interest.


Asked on 7/22/04, 3:48 am

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Contempt of Court?

In a general sense, you can subpoena his wage and payroll records. Your wage assignment should have required the employer to pay you directly a specified percentage of the bonus if paid to your spouse.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/22/04, 10:28 am


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