Children, spouses and dependents of families that the family court ordered are not paid by the parent or spouse of the debtor, so that the court is taken into account when the due date of the allowance allowance arrives. Decisions made or judged under California laws may be forced by family courts despising at their own discretion under Article 290 of the family law.
In accordance with California State Civil Procedure Code Section 1218.5 (a), a separate count or claim of punishment imposed on each certified count is complete result, child, spouse,.
The period or laws and regulations to take refusal measures based on negligence of child support, family spouse's family obligation, or 3 years from the due date under § 1218.5 (b).
Procedures may be filed in California by filling in and submitting the Judiciary Council Form FL - 410, the notice of appeal and appeal awards, and the required appointment of the Judiciary Committee, depending on the type of prosecution order issued. Start with.
With the elements of insult
Criteria for burden and certification :
Paragraph 5 of Article 1209 of the California Code of Civil Procedure describes elements of civil lawsuits based on violations of child support obligations as follows.
(1) Effective basic support order of the competent court.
(2) Knowledge of the obligor's (competitor's) order:
(A) Evidence that the order was made, submitted and enforced by the obligor parent. Egypt
(B) Proof that the parent of the obligor has appeared in the court when the order is issued. And
(3) Violation of the support order as the main evidence of the court's contempt.
These three elements, Re-Ivy (2000) 85 CA 9th 793, 803, 102 CR 447,
"If the petitioner proves those elements Beyond reasonable doubt The violation is confirmed. He or she does not have to go anymore. a Advantage of evidence . "
The ability of the obligor (content nurse) to pay is not regarded as an element of the due date due to "Because it happened that we did not arbitrage the mistake immediately after the decision on payment ability was made". Re-Ivy , Above What my father did not pay to his mother Pen dente light He complained lawyers and expert fees in criminal proceedings.
Thus, the accused (the petitioner) is obligated to raise reasonable grounds (evidence of criminal standards) beyond reasonable doubt, but the claimed asserters obey the positive defense by asserting Proof that it is proof that the evidence (criteria for the case of the private case of evidence)
Types of court proceedings
Then, :
Insult behavior may be essentially civil or criminal. Civil insults conform to California Civil Procedure Code 1209-1222. Criminals who tried to break criminal penalties are prosecuted as a crime under Article 166 of the California Penal Code.
Appeal proceedings are considered essentially "civil" only if the parties to the dispute are detained by creditors or enforcers until they comply with the acts ordered by the courts. Therefore, pursuant to § 1218 (c) of the Code of Civil Procedure, "citizen" competitors may have suspended compliance with dispute orders indefinitely. However, the citizen contest has the ability to "purge" by executing ordered actions.
The lack of 'ability to purge' essentially characterizes the procedure as a 'criminal'. It is not mandatory but punitive. And the jurisdiction that tried to commit a criminal is a fine (1,000.00 dollars) not exceeding $ 1,000 for the debtor or the auctioneer, Or Penalty not exceeding 5 days or Both For each trial
Therefore, the possibility of indeterminate imprisonment by civil defendant's judgment may be more annoying and even punitive than criminal defendants under certain circumstances.
But even the parties and the courts can not know what accused procedures exist until a particular jurisdiction is pronounced by the court or issued by the court.
The complexity and uncertainty of the situation of the attempted procedure has been demoted as a tactical tool for strict settlement from the non-performing parent or spouse.
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