ONCALL
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Family Law
......Enforcement
18 Cards On This Topic:
In newspaper shield law case, better policy would have been to encourage parties to allow disputed materials to be examined in camera, to resolve the matter short of a contempt adjudication.
Foreign custody decree need not be registered in CA to support a conviction for child abduction.
FC §5241 does not preclude support obligee from seeking a determination of arrearages allegedly owed by obligor, where obligor's employer is subject to a valid earnings assignment order.
Where a judgment creditor seeks to register a sister-state judgment in CA, the judgment debtor need not have "minimum contacts" with CA for personal jurisdiction.
Bank’s failure to properly honor a writ of execution makes it liable for any withdrawals.
An OSC re contempt does not form a basis for a malicious prosecution action and hence is subject to an anti-SLAPP motion to dismiss.
Differences between civil contempt and criminal contempt proceedings.
Attorney held in contempt for impugning the integrity of the court in a document filed with the court; court makes a plea for professionalism.
When the court must still determine if one side should pay certain expenses of their opponent, there is no money judgment as to those expenses until the court decides they are recoverable.
Court may not appoint receiver without evidence the debtors obfuscated or frustrated the creditor’s collection efforts or less intrusive collection methods were inadequate or ineffective.
For an obligation or DoT to be enforceable against c/p, both spouses must execute it.
Once a UIFSA order is registered and the time to challenge it has expired, CA may not modify or stay it for equitable reasons.
As members of the Bar, attorneys are on notice they can be held in contempt for their conduct in judicial proceedings.
Contempt sustained for rude, obnoxious, threatening and unprofessional behavior by attorney at mandatory settlement conference.
Requirements to find indirect contempt.
Contempt finding is not appealable; writ is the proper remedy.
Misleading the court is grounds for a contempt finding.
When a parent has doubly satisfied child support by complying with a c/s order while also directly supporting the child, court has discretion to order a refund.