Legal Question in Constitutional Law in California
delay of exit from the country
my sister, is married to an american citizen in the state of california. they divorced last year.
he does not pay her any alemony, and he is planning to move abroad, to europe.
is it possible for her, to go to a judge, and to get a warrent for delay of exit from the country against him ?
thanks in advance.
1 Answer from Attorneys
Re: delay of exit from the country
No. If the ex-husband is defying a court order to pay alimony then he can be forced to pay and can possibly be held in contempt, but the court has no authority to broadly control his life. The court can issue orders which are reasonably necessary to ensure compliance with its prior rulings, but the kind of order you have in mind is far beyond what the court can do.
Where the husband lives has nothing to do with whether he makes the payments he is required to make, so an order limiting where he can live would not be reasonably related to enforcing his alimony obligations. American citizens can live pretty much wherever they want, and the court cannot deprive him of this right any more than it could deny him the right to free speech or to free exercise of his religious beliefs.
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