Slade Smiley, one of the stars of the first three seasons of The Real Housewives of Orange County, was arrested last week on a civil contempt warrant in Costa Mesa, California. Smiley is apparently behind on his child support.

Smiley was featured in the original Real Housewives reality show for several years when he lived with girlfriend Jo DeLaRosa, one of the “Housewives”. He was often shown lavishing expensive gifts upon DeLaRosa and leading an extravagent lifestyle. Smiley and DeLaRosa ultimately broke up and left the show, only to star in another reality show together. She is not the mother of Smiley’s children.

While Smiley has two sons, Grayson and Gavin, from two previous relationships, there has not yet been any indication which son’s child support was delinquent.  Smiley’s representative issued a statement indicating that he was “unaware” that the warrant existed until he was arrested. The court apparently issued a civil contempt warrant for unpaid support for his son who has been suffering from brain cancer for several years.

“This is an unfortunate situation that has occurred,” Smiley said. “My son is very ill and we have been working on resolving the issue of support versus his enormous medical bills with the appropriate agencies for several months now. It is sad that individuals would take advantage of the situation in an attempt to defame and discredit me in such a public manner. For those who know me, there is nothing more important than my children.”

It is unclear whether the child’s mother sought enforcement of the child support order through civil contempt or if the enforcement was at the impetus of the state child support enforcement agency. The state, charged with collecting and paying out child support payments through its centralized payment center, can generally proceed with civil enforcement measures without the approval or consent of the parent receiving support.

If Smiley’s child has extraordinary health care bills, each parent’s obligation for those expenses should have been addressed in the original child support order. Often, the order will require one parent to provide health insurance for the child and will then divide the parents’ obligation to pay any co-pays or uninsured portions according to their respective percentages of total parental income. (For example, if mom makes $40,000 and dad makes $60,000, many child support orders will require dad to pay 60% of any uninsured medical costs.)

Even if the parent receiving child support agrees to a modification of the amount of child support, the modification must still be approved and ordered by the court. Until the original order is modified, it is in effect and enforceable – regardless of what 0ff-the-record agreement the parties may make.

Also See:

• ‘Real Housewives of Atlanta’ Star Files for Custody