Post-Divorce Issues Such as Contempt Actions in San Diego California

San Diego CA Divorce Lawyers – Family Law Attorneys

A dissolution of marriage proceeding can become a long and protracted matter, especially when the couple involved find that they are finding it difficult to agree to the terms, and in many cases it is anything but a pleasant experience. Uncontested cases may not take as long or be as stressful, but regardless of how smooth or rocky the process may have been, it is safe to say that both parties inevitably breathe a sigh of relief when the action becomes final. Though divorce is not something anyone looks forward to, when it is over both individuals can put the legal part behind them and start to adjust to single life.

However, that sense of closure should be tempered by the possibility of post-divorce issues that may crop up. The terms of the divorce as they were agreed upon or ordered on day one frequently need to be modified, and the most common post-divorce issue that people face is that of child support modification. As the income levels of the parents and the needs of the children change, the amount of child support that is appropriate under the California state guidelines is inevitably going to change as well. Any time changing circumstances would result in a 20% difference from the existing payment amount when the new figures are applied to the guidelines a child support modification is in order.

Another common post-divorce issue that many people have to deal with involves contempt actions as a response to a failure to make court-ordered child support payments. It is a very sad statistic indeed, but only half of the child support payments that have been ordered in the United States are paid in full; 25% of them are not paid at all. The appropriate response to this is the filing of a contempt of court action, and if the court finds the defendant guilty of contempt some harsh penalties can be imposed. Another reason for a contempt action would be the violation of a restraining or protective order, and this is a serious offense that can result in incarceration at the discretion of the court.

For more information about post-divorce issues such as contempt actions, contact an experienced San Diego CA family lawyer for a free consultation.