Can I be charged with contempt and billed for child support when I was living with the baby mama?

Identifying Elder Abuse
Mediators in Orange County

This question comes from the City of Orange, California

You can I be charged with contempt and billed for child support when you were living with the baby's Mother

Why is a contempt case being filed against me for child support when the baby mama and I were living together during the time I am being charged for child support. I was paying the bills and I would pay her in cash. Now what can I do.

Orange, CA

ANSWER:

A contempt action is not to be ignored. This type of case is a semi criminal matter because it can have jail time as a consequence. Although this all seems unfair and wrong, do not ignore it. The Orange County Department of Child Support Services only knows what the mother has reported to them. Most likely this mother has applied for county aid or had opened up a child support case with the department. DCSS is just doing their job.

You will need to have an evidentiary hearing in this matter in order to bring forward any proof, evidence or witnesses that you may have to prove that you were in fact living with the mother and child and providing support during the time frame of the contempt action.

Charged with contempt?

Charged with contempt?

I cannot stress enough that you should not make cash payments for support. You need to have proof of payments. Get a receipt, write a check, deposit funds directly into an account but always with a note on the memo line that you are paying child support.

I discourage paying by money order because it is hard to prove who the payee was on a money order. With a money order all you get is a small stub with a receipt number therefore, if the custodial parent says they did not receive payment for November and you do not have a copy of the negotiated check, you will not have proof that you paid the support for November. You could have written that money order to the electric company, or paid your cable bill and that is what will be argued in court.

Identifying Elder Abuse
Mediators in Orange County

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