Contempt of Court for non-payment of Child Support in California
Contempt of Court
Code Civ. Proc. §1209.5
If a paying parent knows about a support order, has income or resources, and refuses to make court ordered payments he/she may be ordered to appear before the court to explain why she/he should not be fined or jailed for disobeying the court order.
The allegation is brought by the child support agency and is called an Order to Show Cause in re Contempt (OSC). The maximum punishment is 5 days in jail and/or a $500 fine for each month of failure to comply with the support order charged in the OSC. Usually a first time offender is given 3 years probation and again ordered to make the monthly payments. If the parent again fails to pay, a Violation of Probation charge may be brought. Usually second time offenders - ones who have the ability to pay but still do not pay — will receive either a jail sentence or a very short period to prove they will pay - and then a jail sentence if they still don’t pay.
Criminal Prosecution
Penal Code § 270
Criminal prosecution for willful failure to support a child under Penal Code § 270 is truly the last resort in enforcement of child support orders. If there is a court order, Contempt of Court charges are much easier, less expensive, and easier to prove. If there is no court order, time and effort is usually better spent getting a court order and then enforcing it by automatic withholdings or contempt of court.
However, in the right circumstances, criminal charges will be filed and prosecuted through trial. The maximum punishment is one year and a day in state prison and a $2,000 fine.
Filed under: Ted Chapin
My ex husband has not made a payment since February of 2007. The judge believed him when he lied about working. His court order support is a measly 440 per month for our 3 children.
He is currently in arrears of almost 30,000. I support my kids all by myself and have since 2002 when I left him. He works under the table by installing garage doors. He has had his license revoked for non-payment but continues to drive. I would like to see him pay consequences for non-payment and would also like to see some money.
Call local child support services. Compile all information of non
payment and send it in. The D.A. will open the case if the information is complete and concise. They will then proceed with placing leans on any properties he owns, contact irs for non payment so if he is to recieve a tax refund you will get it first etc. It worked for me and my ex owes me 180 grand