Can You Ask for Modification If You Are in Contempt for Not Paying Child Support?
There is some case that supports the position that if you are found guilty of contempt for failure to pay child support, you may not request the court to modify that same child support order. As stated by one judge in the 1930s, “No party to an action can, with right or reason, ask the aid and assistance of a court in hearing his demands while [***5] he stands in an attitude of contempt of its legal orders and processes . . . . ‘No rule of law seems more widely prevalent or better established than that a court whose authority has been put to naught will extend no favors or privileges to the party in contempt until he has acknowledged its authority by purging the offense.’” Schubert v Superior Court (1930) 109 Cal. App. 633.
Thus, if you have been found in contempt of court due to failure to pay child support, the court may deny your request to modify that child support order.
If you have a question about child support, call Morales Law today for a free consultation (805) 422-7966