The California DSCE won't pursue contempt for non-payment of child support, because the non-custodial parent is receiving public assistance. I can file an order to garnish his wages myself? He stops working every-time they send his job an income withholding order.
If you are not on any public assistance, then you have kept the right to collect support. You can file an OSC re Contempt yourself, but when you do so, you are really becoming a prosecutor, because the other party could go to jail if you prove your case. That means you have to have your paperwork perfect, and you have to prove he had the ability to pay but he chose not to pay you or keep a job that would have given him money to pay you. I would think you could get his employment records via subpoena, which would go a long way toward proving he had the ability to pay. Realistically, you probably need an attorney, especially since the court will appoint one for him if he says he can't afford one. You have to balance how much that would cost compared to what you could get from him - if he has very little money, then all you will be doing is to get him sentenced which will put him out on weekends picking up roadside trash for a few months. Maybe that will convince him to change his ways, or it might just make him more stubborn - I've seen both reactions.
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