In general, family law orders and judgments are enforceable by contempt. Disobedience of any lawful judgment, order or process of the court is a contempt of the authority of the court.

Support orders: Child, spousal and family support orders are based on an obligation arising out of marriage and parentage and are imposed by law. They are enforceable by contempt.

Child custody/visitation orders: The court may invoke its contempt power against a parent who unjustifiably interferes with the other parent’s court-ordered visitation rights or violates an injunction restraining relocation with the children.

Attorney Fees/Costs orders: Need-based attorney fees and costs are awardable by statute in marital proceedings. The award is based on a law-imposed obligation and is enforceable by contempt.

Community property division orders: A spouse who refuses to relinquish a specific item of property or to pay over a portion of a specific fund of money pursuant to a community property division order is subject to enforcement by contempt.

Restraining orders/Family Code protective orders: The court may invoke its contempt power to compel compliance with valid protective orders and restraining orders issued in a domestic relations proceeding.

Statute of Limitations: The contempt remedy for noncompliance with a court order made under the Family Code is subject to a statute of limitations. For an alleged failure to pay child, family or spousal support, the contempt action must be commenced no later than three years from the date the payment was due.

A contempt cause of action for nonpayment of support may be broken into separate ‘counts’ for each month payment was not made in full.

A contempt action to enforce any other order made under the Family Code must be brought within two years from the time the alleged contempt occurred.

Facts needed to prove contempt: The facts generally necessary to establish prima facie contempt of a family law order are: (1) rendition of a valid order; (2) the citee’s knowledge of the order and; (3) the citee’s willful disobedience of the order.

Punishment: Contempt punishments for a first time violation is county jail for up to 5 days or 120 hours of community service or pay a fine of $1000 for each count. For a second time violation, the person can be put in county jail for up to 5 days and do up to 120 hours of community service, and pay a fine of $1000 for each count. For a third and subsequent violation, the person can be put in county jail for up to 10 days and do up to 240 hours of community service and pay a find of $1000 for each count.

The Court can also order the person found in contempt to pay attorney fees and costs to the other person.

1. Is spousal support mandatory?

A spousal support award is not mandatory in divorce or legal separation cases in California.  Spousal support is often awarded at an Order to Show Cause on a temporary basis, where one spouse is earning significantly less than the other spouse or is unemployed.  The propriety of a California spousal support award is judged broadly by the parties’ “circumstances” in reference to the standard of living established during the marriage and their respective needs and ability to pay.

The Superior Courts of Los Angeles and Orange Counties have adopted a spousal support guideline for use in setting temporary spousal support.  This guideline provides that the obligor’s spousal support is to be 40% of net monthly income, reduced by one-half of the recipient spouse’s net monthly income.  If child support is being paid, the guideline level child support is first calculated.  Then, spousal support is determined.

2. How is the amount of spousal support determined?

The Courts are bound to consider 14 statutory factors in making a California spousal support order.  Some of the factors include but are not limited to: (1) ability to maintain marital standard of living in light of earning capacities; (2) contributions to other spouse’s education, training, etc.; (3) supporting spouse’s ability to pay; (4) “needs” in light of marital standard of living; (5) parties’ assets and debts; (6) duration of marriage; (7) employability of custodial spouse versus impact on children; (8) age and health of the parties and (9) history of domestic violence.

At the trial of the dissolution, the Judge will consider the 14 statutory factors in determining the amount and duration of spousal support.

3. How long will my spousal support last?

The duration of spousal support is closely linked to the length of the marriage.  Many attorneys speak of the “rule of thumb” that spousal support will last for one-half the length of the marriage.

The duration of spousal support is left to the sound discretion of the court.  In general, where the marriage has lasted more than 10 years, the court will, at the very least require a “reservation of jurisdiction.”  This means that, even if there is no current order for spousal support, the wife or husband may come back to court at a future date to request spousal support should the need arise.

4. Do I have to report the receipt of spousal support as “income” for income tax purposes?

The Internal Revenue Code provides that all spousal support payments are tax deductible by the paying spouse and taxable to the recipient spouse as “ordinary income.”  Thus, it is not uncommon for a negotiated settlement to include the payment of a high amount of spousal support, because such a payment results in tax benefits to the obligor spouse.

5. Does Spousal Support awards apply in Domestic Partnership Dissolutions?

Virtually all of the rights and obligations applicable between spouses under California law now apply to registered domestic partners — including spousal support during the partnership and after it is terminated.  Accordingly, references herein to “spousal support” should be deemed also to include “partner support.”