Legal Question in Family Law in California

OSC hearing wherein Judge terminated child support as son is 18 and not attending High School, ex wife went and re-enrolled him, and applied ex parte for the child support to be reinstated, Judge reinstated child support based on ex wife's assertions that he is back in school and will graduate before he turns 19 in Jan/2011. Facts are: he has only attended 5 days in the last 5 weeks, he is 97 credits short of earning a diploma. Can the ex be brought up on contempt or perjury charges?


Asked on 9/14/10, 7:48 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

They are not in contempt. Contempt is a failure to follow a court order, not pulling a scam. You need to move to terminate, and point out his attendance record. He has to be enrolled full time for child support, not one day a week.

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Answered on 9/19/10, 3:51 pm


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