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

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?

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Attorney answers 4

Posted

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.

Asker

Posted

Yaaaa thanks for that highly useful information! Lol Last time i checked Avvo is a legal forum to ask and receive useful answers lol

Edna Carroll Straus

Edna Carroll Straus

Posted

LOL what these folks are saying is this is well beyond a simple forum and --GASP--you need an actual attorney.

Malosack Berjis

Malosack Berjis

Posted

Thank you, Ms. Straus.

Edna Carroll Straus

Edna Carroll Straus

Posted

You are quite welcome.

Posted

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.

Posted

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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

Posted

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.