What happens when your former spouse doesn't comply with a motion to compel granted by the judge?

Asked over 1 year ago - Los Angeles, CA

Ex not complying with any court orders, not paying ordered support, attorneys fees, or discovery docs. Judge granted our motion to compel all financial documents, without objection ( i believe) What happens next, if he doesn't turn over the discovery documents by the date ordered? Is the next step evidentuary sanctions? If so, how does that work... Any suggestions on how to deal with an uncooperative ex, earning a mostly cash income and not filing or paying taxes?

Attorney answers (4)

  1. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree

    Answered . If you have atty, ask your atty as he/she is most familiar with the case and the judge. generally, you can bring him back for addl monetary sanctions, evidentiary sanctions, issue sanctions, and possibly striking his response to your petition or motion. He could be brought in on contempt, and have jail dangled over his head. Unfortunately, even if you get money sanctions and atty fees, or whatever else you are asking for, if he doesnt have assets or money that is "findable" to collect from, you are still in a bind. If this involves failure to pay child support, the court can take away his license to drive and professional licensing.

  2. Malosack Berjis

    Contributor Level 20


    Lawyers agree

    Answered . All of those questions are great ones to ask your attorney.

    I am licensed to practice in the State of California. Any responses I provide are based solely on California law.
  3. Constantine D. Buzunis

    Contributor Level 17


    Lawyers agree

    Answered . i agree with Attorney Kopelson's answer, failing to comply with a court order is very serious and can lead to a variety of consequences, including monetary and case sanctions.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  4. Robert Andrew Michael Burns

    Contributor Level 17


    Lawyers agree

    Answered . I don't believe in unnecessarily enabling self-representation esp. when I'm doing so for free. I suggest that you have the L.A. County Department of Child Support Services take over enforcement of your child (and any spousal) support rights for free and consult for free with the Family Law Facilitator's Office otherwise. Generally, self-employed spouses create more headaches than do employed ones; those who work for cash without adequate records and/or are marginal earners create more problems.

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