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

Asked 7 months ago - 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)

  1. Corinne Rae Coston

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

  2. Stephen Ross Cohen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.... more
  3. Jonathan A Durham

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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.

Related Topics

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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