Contempt For Failure to Pay Child, Spousal, Family Support

No child, spousal, or family support ordered by the Family Court is paid by the obligor parent or spouse, resulting in contempt of court at the time the support payment was due. A judgment or order made or entered pursuant to the California Family Code may be enforced by the Family Court by contempt in its discretion, under § 290 of the Family Code.

Each month of failure to pay in full, child, spousal, or family support when due constitutes a separate count or charge of contempt, for which punishment is imposed for each count proven, under § 1218.5(a) of the California Code of Civil Procedure.

The period or statute of limitations for commencing a contempt action based on failure to pay child, spousal, or family support is three (3) years from the date that the payment was due, under § 1218.5(b) thereof.

Contempt proceedings are initiated in California by completing and filing Judicial Council Form FL-410, Order To Show Cause and Affidavit For Contempt, and the required Judicial Council attachment, depending on the kind of underlying order issued.

Elements Of Contempt And

Burdens And Standards Of Proofs:

§ 1209.5 of the California Code of Civil Procedure states the elements of civil contempt based on failure to comply with a child support order as follows:

(1) valid underlying support order of a court of competent jurisdiction;

(2) obligor's (contemner's) knowledge of the order through:

(a) proof that the order was made, filed and served on the obligor parent; or

(b) proof that the obligor parent was present in court at the time the order was pronounced; and

(3) noncompliance of the support order, as prima facie evidence of a contempt of court.

These three (3) elements are also stated in In re Ivey (2000) 85 CA9th 793, 803, 102 CR 447, which further held that:

"If the petitioner proves those elements beyond a reasonable doubt the violation is established. He or she need go no further. To prevail on the affirmative defense of inability to comply with the support order, the contemnor (or contemner) must prove such inability by a preponderance of the evidence."

Ability to pay by the alleged obligor (contemner) was not considered an element of contempt because "the failure to pay constituting the contempt occurred shortly after the determination of ability to pay had been made (in the underlying orders)," in In re Ivey, supra, involving a father's failure to pay the mother's pendente lite attorney and expert fees in a criminal contempt action.

Thus, while the proponent (petitioner) of the contempt has the burden of proving the elements of contempt beyond a reasonable doubt (a criminal case standard of proof), the alleged contemner has the burden of proving inability to comply as an affirmative defense by a preponderance of the evidence (a civil case standard of proof).

Types Of Contempt Proceedings

And Sentences Imposed:

Contempt proceedings may be civil or criminal in nature. Civil contempt is governed by §§ 1209-1222 of the California Code of Civil Procedure; while criminal contempt for violation of penal statutes is prosecuted as a crime, under § 166 of the California Penal Code.

Contempt proceedings are considered "civil" in nature, if the contempt judgment coersively subjects the obligor or contemner to imprisonment only until he or she complies with the act(s) ordered by the court. So, a "civil" contemner may be incarcerated indefinitely pending compliance of the contempt order, under § 1218(c) of the California Code of Civil Procedure. But the civil contemner has the "ability to purge" by performing the act(s) ordered.

The lack of "ability to purge" characterizes contempt proceedings as "criminal" in nature. It is punitive, rather than coercive. And a criminal contempt judgment subjects the obligor or contemner to a sentence of fine not exceeding one thousand dollars ($1,000.00), or imprisonment not exceeding five (5) days or both for each count of contempt.

Thus, the potentially indefinite incarceration resulting from a civil contempt judgment arguably renders it more onerous, even more punitive than criminal contempt, under certain circumstances.

But the parties and even the court may not know what type of contempt proceedings they are in, until the particular judgment is pronounced or issued by the court.

The complexities and uncertainties of outcomes of contempt proceedings have relegated contempt as a tactical tool for exacting settlement from the defaulting parent or spouse.

Beating the Prospecting Blues, Steps One and Two

We've all been there. Your boss - or maybe your boss is you, and to eat you've got to start - says, "Time to start 'Dialing for Dollars'. Here's the script, here's a list of five hundred people who have never heard of us: get started." Eww. You mean, I have to cold call complete strangers, rattle off this script word for word, and hope they'll stay on the line long enough to tell me whether they are interested or not??

First of all, let's throw out that old saw, "Dialing for Dollars". That's a bad intention and not what you're going to do. Maybe you've been doing that, but I want you to stop immediately. The intention of your calls is now to make genuine connections with other people, and find out if you can help them in some way. If you can't, that's fine: this is feedback, not rejection.

You must have a consistent sales process. You can't wing it, not have a plan, not know what the next step is. Applied with the intention of genuinely helping others, this will be your most powerful tool in kicking the Prospecting Blues. Also the first key to sales transformation.

Second, scripts are good, but you have to develop a way to say those words in your own voice. I can say "I pity the fool..." all I want, but those are Mr. T's words and will never be mine. You will do much better if you take the script and move it into your own intention and voice.

There will probably be resistance to this... particularly if you're in a call center. In that situation it's tough, because some supervisor was told everyone has to use that script, letter for letter. If you're going to succeed at cold calling, however, you're going to have to put the words into your own voice.

Let's look at an example. Say the script reads, "67% of all data entry productivity is derived from the software the data is entered into." Do you talk like this? If you do, then go ahead and say it that way. Assuming you don't talk like a technical manual, how else could you accurately express the same idea and yet not have that little voice in your head announce "You sound like a robotic moron" as you say it?

You could say, "You know, when it comes to data entry, two-thirds of the productivity your people experience is a direct result of what software you're using." Or maybe, "It's a surprising thing, but typing skills don't matter nearly as much as what software you're using to record data: the specific software is responsible for sixty-seven percent of your data entry productivity."

Figure out how you can say the idea naturally. I encourage having a script, and also taking the extra step of personalizing it to your voice. This will considerably help you feel better about prospecting.

Now let me clear something up: a script is merely a framework for discussion. To be a successful cold caller, you must have a consistent sales process, and that will lead you through the call's stages. The script gives you the confidence of knowing what your message is, what you're going to say. If it becomes necessary to deviate from the script, or not mention some of the things in it at all, so be it. Following a process and being genuine are far more powerful tools to help with cold calling and for kicking the Prospecting Blues.

Now, as a bonus, I'm happy to share four more pointers to help you beat the Prospecting Blues!

Third, repeat after me: "Not wanting to talk with me right now is not Rejection. It just means they don't want to talk to me right now." Write this on a sticky note and thumb it up somewhere you'll see it every day. Especially while prospecting.

Fourth, do a little research on the company you're calling. Not too much: I don't want you getting over-awed by whomever you're about to call. Remember, Vice Presidents and CEOs put their pants on the same way you do. They may have insulating layers of people between them and you and deal with numbers with more zeros on the end-but (and these are the stats of inside sales pros, not just mine) one out of every four times, the Big Cheese will pick up the phone, completely unprotected by a well-meaning gatekeeper. That goes for everybody from the owner of a 3-person company all the way to the Chairman of IBM.

However, it is important to know something about the organization you're calling. Corporate or Non-Profit structure? Distribution or Marketing field? Accounting or Information Technology department?

Fifth, and very importantly, Pick Up The Phone. Yep, this is tough. It's what you get paid for, remember? If it was so easy, everyone would do it...but just about everyone, from company presidents on down, doesn't want to. Usually the basic problem is that they're viewing prospecting as "Dialing for Dollars", and figuring they have to slavishly follow a script as they do it, worrying that they're sounding wooden as they do it. Reverse these things. When the call is over, don't spend too much time thinking about it. Start the next call right away.

Add this to your sticky note: "I am the best at prospecting around here."

Because you are. Nobody else is reading articles, trying to improve their craft, putting in the effort to become a top salesperson. Prospecting means genuinely reaching out and discovering if there's a way you can help the person on the other end of the line. If you cannot, it's not rejection. What it happens to be is Not A Fit. And that's okay. Knowing this, having the skills and right intention, and the laugh-it-off it's-no-big-deal calmness to pick up the phone and call the next person is what will drive away those Prospecting Blues.

Loaded Mutual Funds

'Loaded mutual funds' can be described as those that require the investor to pay fees for buying a mutual fund. These charges are known as sales load and are primarily commissions paid to the person who sells the fund to the investor. Loaded mutual funds are preferred mainly by sales brokers and insurance salesmen because they earn revenues for them.

There are three different types of sales loads on these funds. They are as follows:

1. Front-end loads: Also known as entry fees, these charges must be paid up-front when the investor buys the fund.

2. Back-end load: Also known as exit fees, these charges have to be paid by the investor when he walks away from the fund taking his investment along with the returns.

3. Constant load: These charges have to be paid throughout the entire term of the fund.

In all these three options, front-end loads are better for investors. A hidden fact in a loaded fund is that the charges or the sales load is deducted from the actual investment amount. As a result, the net investment value at the start of the fund is lower. For example, when an investor wants to invest $10,000 in a mutual fund and agrees for a 5 percent entry load, he is actually investing $9,500. The remaining amount of $500 is deducted from the total investment and deposited in the form of front-end load. This commission neither goes towards management of fund nor gets the investor any special privileges. It is simply deposited into the bank accounts of the broker or the salesperson. In this regard, loaded funds are disadvantageous when compared to no-load funds.

According to financial experts, no-load funds are better than loaded mutual funds.

Advantages of Owning Modern Prefab Houses

There are many different types of houses you can make your home today in the modern world of today. One of the more popular housing options are modern prefab houses, which unlike other houses, are built in factories.

Regular houses have men building it at its site. However, in the case of these houses, its large pieces are built in a factory and then transported to your land. You then have to attach these parts and place them on the chosen foundation.

These houses are also called modular homes where you can easily add as many rooms are you want to create your dream home. Lately, there has been an increased demand in and for these houses, for various reasons.

1. The fact that a modern prefab house takes a much shorter time to build is a great reason for this. You can expect your house to be ready within two months of your placing your order as each room is built in a factory. It just has to be built and transported to your site to be put together. On the contrary, a traditional house takes a few months to a year to be built.

2. They offer better insulation as they are built in a factory. Site-built walls are thicker than prefab houses; however, they tend to sag with time.

3. As these houses are built in factories, they offer better protection from bugs. However as traditional houses take some time to build, its timber and other parts are naturally exposed to possible damage for a longer time.

4. The superior insulation of these house helps you save lots of electricity money and lumber. Construction and design costs are also reduced a lot when compared to that of a traditional house.

5. As modern prefabricated houses are made from renewable and recycled materials, are non-polluting and tend to consume less energy, they are more environment friendly than traditional homes. In fact, there are also many green home building websites offering environment-friendly and aesthetically designed prefab houses along with indoor and outdoor furniture, house accessories, etc as an increasing number of people are now conscious about the environment.

6. You can design your home as you like it with these houses. You are the person who chooses features of your home like the number of rooms, the size of the rooms and the designs for the rooms.

7. These houses are stronger than traditional houses. This is why they can handle natural disasters like tornadoes and hurricanes much better than traditional homes.

So it can be seen that there are many reasons for the increased demand, and popularity of these houses. Today these houses are built using such advanced technology that you find it very difficult to differentiate between a prefabricated and traditional house. It is because of this that people from all walks of life tend to prefer building, and owning modern prefab houses.

Free PSP Downloads

If you own a PlayStation Portable, you already know how addictive the games are, and you definitely already know how expensive they can get. Whether you've blown your budget for games or you are just looking to try out a wide variety, you'll find plenty of reasons to start looking up free PSP game downloads, but the question is, where to start? There are plenty of places to search for free PSP game downloads online, but how can you tell which one's a scam and which will actually give you what you are looking for?

First, there are the ones that offer you free games as a promotion for something else. While this does result in free games, you'll find that more often than not, the games are limited in scope; they might be quite old, or they might simply be extremely primitive. This can be frustrating in the extreme, but if you're lucky, there is some chance that you'll find exactly the game you are looking for in this way. When you go to look for free PSP game downloads, you'll find that there are many promotions that will give you free games if you will sign up for something. Do be careful about this sort of thing as they might not be entirely clear on what you are signing up for!

Similarly, remember that if you get single games from strange or obscure sources, you should have some excellent virus protection going on. Like anything that you download from off of line, you'll find that there are plenty of reasons for you to make sure that you are adequately protected.

The best ways to get games online is to go to a pay site. Some sites are pay per game, which is a good thing if you're only interested in a few specific games. This is usually a better way to get games than by going to the store, both in terms convenience and price, but if you are looking for a variety, you'll have to look elsewhere. Consider taking a look at the membership or subscription sites. These sites will sell you monthly, yearly or even lifetime memberships and for the length of time specified, you'll find that you can download as many games as you like. When you are in a position to do so, make sure you see what kind of selection that they have before you purchase a membership!

Remember that there are many ways to get free PSP game downloads, so make sure that you explore your options thoroughly. Weight the costs and the benefits and in the end, only commit to what you really want to play!

Masai Mara National Reserve Luxury Camps-Top Ten Luxury Safari Tented Camps In Mara National Park

Kichwa Tembo Tented Camp

Kichwa Tembo Tented Camp nestles below the Oloololo Escarpment on the western boundary of the Masai Mara overlooking the endless, game filled plains shaded by dense forest canopy. Each of the spacious tents affords total privacy and the privilege of sweeping views of the greatest grassland system on earth

Sarova Mara Tented Camp

Sarova Mara Camp has an impressive entrance with exotic gardens and a high thatched lobby with ethnic decor. The camp's buildings are attractive and airy with a big dinning area that includes a big terrace with wide-angle views and a swimming pool. There are seventy-five tents through sizeable grounds offering differing views and many paths winding through lawns and gardens and wooden walkways over wide lily ponds. All tents have a concrete addition for private bathrooms.

Siana Springs Intrepids Tented Mara Camp

Fringed by marshes and surrounded by ghostly Fever Trees, Siana Springs is situated on the eastern edge of the Maasai Mara National Reserve. Perfectly recapturing the romance of the early pioneers, the camp possess a tranquil atmosphere, with spacious tents and shaded trees offering complete privacy in the lush, unspoiled setting. All tents have en-suite bathrooms. A convivial dining area offers fine cuisine and the swimming pool is an irresistible oasis on hot days. Bird life is prolific up to 100 different species can be seen in a day.

Rokero Tented Camp

Rokero Tented Camp is set amidst the teeming mass of wildlife in the Masai Mara area. Rekero's tented camp is currently inside the Masai Mara Game Reserve, very close to the confluence of the Mara and Talek rivers.

This mobile camp is ideally situated for the annual migration, which is the movement of nearly a million wildebeest and other animals from the Serengeti through the Masai Mara in Kenya. The camp is set up seasonally (June -October, December - March) and caters for between four and twelve guests.The spacious canvas tents are equipped with hot showers and toilets together with a large dining tent

Kicheche Mara Tented Camp

Located in the northern Koiyaki Lemek region of the Mara, Kicheche Mara Camp is hidden in a groove of wild cotton trees in a prime wildlife area.The camp is a luxury bush camp with no permanent structures and can accommodate a maximum of 20 guests.The tents have spacious rooms with adjacent private bathrooms with hot water. There are director's chairs and hammocks slung nearby trees to relax in

Olarro Camp

Olarro Camp is perched on a vantage point in the scenic Loita Hills, offering superb views of the Masai Mara plains.Situated on 150,000 acres of private land. It provides the freedom to walk in the hills and enjoy game drives in open-top land rovers and sip a sundowner in the African wilderness.The camp comprises of 8 African-style cottages tucked amidst the bush with en-suite bathrooms. Olarro camp offers a personalized service in an intimate and homely atmosphere.

Mara Porini Tented Camp

Porini Camp has been set up in the exclusive wildlife conservancy of Ol Kinyei, one of the most beautiful wilderness areas in the Serengeti-Mara eco-system. It is in a pristine wilderness with open savannah plains, riverine forest, springs, streams and rivers, rolling hills and spectacular views across the Mara. Ol Kinyei belongs to Maasai communities who have recently set aside the conservancy as a sanctuary for wildlife.The Camp has 6 guest tents sited in the shade of Yellow-barked Acacia trees along the banks of the Laetoli, a permanently flowing watercourse within Ol Kinyei . The tents are spacious and each has an en-suite bathroom with flush toilet and safari shower. The camp accommodates a maximum of 12 guests, giving the experience of real camping in the bush in an exclusive private wilderness but with all the comforts required by discerning travellers. Food is excellent with home baked bread, fresh salads and high quality meals prepared by the camp Chef.Large Safari tents with a double and single bed, solar electric lights, en suite bathrooms with flush toilet and safari shower.All meals and picnic lunches, free mineral water, sodas, gin, beer and house wine.

Mara Camp

Mara Camp is located on Koyiaki Group Ranch adjoining the Masai Mara National Reserve - west of Nairobi.Mara Camp is a seasonal tented camp. There are 6 spacious double tents with ensuite toilet and shower. Each tent has a private veranda.Here they have re-created the safari camp of "Out of Africa". Where guests are looked after by attentive staff who bring steaming hot water for your canvas showers, prepare sumptuous meals and offer your favourite "sundowner" cocktail. Every comfort is assured, your every need catered for.

Little Governors Tented Camp

Little Governors Camp was built in 1976 with its own independent structure around a small watering hole that teems with birds and wildlife.It is an intimate camp with 17 tents, all which, are tucked away amongst trees. The tents have en-suite facilities with hot showers and bidets.Verandas in each tent provide constant views of the beautiful rolling plains and wildlife.

Bateleur Camp de luxe Mara

Bateleur Camp is situated on the western border of the Masai Mara, in the South-Western Kenya. The camp lies at the foot of Oloololo Escarpment on the fringe of the riverline forest looking out over the plains of the Mara Reserve.The camp falls directly on the path of the famous annual migration of the wildebeest and zebras and the central area for guests include a comfortable lounge with viewing decks and a tree shaded swimming pool.The tents have en-suite facilities, spacious area with shingle roofs, wooden doors and hard wood floors and a private veranda.