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Can NCP get away with claiming no money to pay support and expenses and then turn around to make travel/visitation arrangements?

Sacramento, CA |

NCP is in contempt of court for not making payments on support. NCP claimed to have zero resources to become compliant and the case was continued for 6 months, staying sentencing until then. Immediately after court order was made, NCP sent me an email to make arrangements for visitation, stating intent to purchase flights, take children shopping, pay for sporting activities, etc. While it's a slap in the face, is this a violation of the order made? Should I contact the court? How can NCP provide for kids if NCP claimed having to borrow money just to meet his own basic needs? Do I have the right to question this? Am I putting the children in danger if I honor the custody portion of the agreement? If a family member is helping is it proof he does have resources to comply with contempt order?

Attorney Answers 3


You should certainly contact DCSS and let them know about this. You also may want to retain your own attorney if you feel DCSS is not being aggressive enough about forcing him to disclose the income he is using for this vacation. Most attorneys will do an initial consultation for free. Good luck.

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I agree how is he living with no income.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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Informing DCSS is definitely the first the step. I would also be sure to make a log of all of the emails and correspondence between yourself and NCP indicating his ability to make support payments so that you have at it available at any future hearings.

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