Question regarding contempt

[Yngsmommy]

Mother agreed (not ordered but agreed) to pay 250.00 a month in daycare starting in November of 2002.  She has not paid since Feb of 2003.

California CS took this part of the regular visitation order over (where the 250 was originally mentioned) and added it to their CS caluculations.

We would like to file contempt for her not paying the amount, and we go back to trial in February.

DCSS (dept child support services) have already done a default hearing, and are in the process of flagging her Soc for work, other benefits, tax refunds and getting her liscense revoked...etc

Can we file contempt through our lawyer or do we have to get DCSS to do it?

[socrateaser]

An agreed order is still an order, so, on your facts, she was ordered to pay -- otherwise you would have no case for support, because at common law, no one is obligated to pay child support -- we are only obligated to maintain custody and control over our children.

Anyway, you can file for contempt, but the court will probably drop the DCSS action as unnecessarily duplicative. Not sure why you want to start another action.