Enforcing Child Support Orders Through Contempt Proceedings

Parties in a pending or post-dissolution environment who have obtained a child support order often do not receive payments due to one parent’s shirking of responsibility, financial mismanagement, or other reasons. One option for a party who is not receiving the child support payments ordered by the Court is to file a Request for Order and Affidavit for Contempt. Contempt is an enforcement remedy that enables the court to compel compliance with its orders.

Understanding the Role of Contempt in Child Support Enforcement

The Court may use the contempt power to enforce an order made in a family law proceeding, unless its use violates the constitutional prohibition on imprisonment for debt. Generally, a person who willfully disobeys any lawful court order that he or she has knowledge of and has the ability to obey is deemed in contempt of court.

Penalties for contempt can include community service, monetary fines, short-term imprisonment, or a combination of these san ctions.

Orders enforceable by contempt include:

• Failure to pay child support
• Failure to convey community property
• Failure to pay attorney’s fees and costs

California’s authority for contempt actions comes from Family Code §290 (enforcement of family law orders) and Family Code §1218, which outlines penalties for contempt. Additionally, Penal Code §166 defines criminal contempt as willful violations of court orders.

The Contempt Process in Family Law

When a party files a Request for Order and Affidavit for Contempt stating the facts of the alleged violation, the court will issue the request and set it for a hearing.

• Arraignment Hearing: The first hearing, where the accused party is advised of their constitutional rights.
• Trial: Both parties may present evidence and argue their positions. The accused has the right to remain silent under the 5th Amendment and cannot be compelled to testify.
• Outcome: If contempt is proven, penalties are imposed under California Family Code and Penal Code provisions.

California courts have clarified these procedures in cases such as Ocegueda v. Perreira (2015), where the appellate court emphasized the importance of notice, intent, and due process in contempt proceedings.

Penalties for Contempt in Child Support Cases

If contempt is proven, a person convicted may face:

• A fine not exceeding $1,000 per count
• Imprisonment not exceeding five days per count
• Both fine and imprisonment

Additional penalties in family law cases can include:

• Up to 120 hours of community service per count
• Imprisonment for up to 120 hours per count
• Payment of the opposing party’s attorney’s fees and costs

Because penalties are applied “per count,” a parent who misses multiple child support payments may face multiple fines or sentences.

Statute of Limitations in Contempt Proceedings

Under California law, contempt actions for non-payment of support must be filed within three years from the date each payment became due. This statute of limitations is critical: waiting too long can bar a parent from seeking contempt, even if arrears remain unpaid.

Parents should act promptly to avoid losing their right to pursue this enforcement mechanism.

Alternatives to Contempt for Enforcing Child Support

Contempt is not the only enforcement tool available. California and other states provide several remedies, often through the Department of Child Support Services (DCSS) or by direct court motion. These include:

• Income Withholding Orders (IWO): Automatic deductions from wages.
• Tax Refund Intercepts: Federal and state refunds seized for arrears.
• License Suspensions: Driver’s, professional, or even passport suspensions.
• Liens and Levies: Against property or bank accounts.
• Writs of Execution: Court-ordered seizure of assets.

While contempt may impose stronger penalties, wage garnishment and liens are often faster and less adversarial remedies.

Civil vs. Criminal Contempt in Family Law

Contempt in family law can be either civil or criminal:

• Civil Contempt: Intended to coerce compliance. For example, jailing a parent until payments are made.
• Criminal Contempt: Punishes past willful violations, often with fines or fixed jail sentences.

Courts have discretion to impose either or both, depending on the seriousness of the violation. In practice, most child support contempt cases are civil in nature, but repeat offenders may face criminal penalties.

Defenses Against a Contempt Charge

A parent accused of contempt has several possible defenses, including:

• Inability to Pay: Demonstrating a genuine lack of income or resources.
• Improper Service: If the parent was not properly notified of the order.
• Defective Orders: If the underlying support order is vague or legally defective.
• Lack of Willfulness: Showing that non-payment was not intentional.

Courts must consider these defenses before imposing penalties, and failure to evaluate them may result in reversal on appeal.

Risks of Filing a Contempt Action

Although contempt can be powerful, it carries risks for the filing party:

• Complexity: Requires strict adherence to procedural rules.
• Cost: Legal fees can be significant if litigation drags on.
• Proof Challenges: The filer must prove willful disobedience beyond a reasonable doubt.
• Potential Backfire: If the accused successfully raises a defense, the filer may receive no remedy and bear legal costs.

For these reasons, parties should carefully weigh contempt against other enforcement methods.

Intersection with Custody and Visitation Orders

While contempt is most often used in the context of child support, it also applies to custody and visitation orders. A parent who denies visitation, relocates without court approval, or violates custody terms can also face contempt proceedings. Linking these enforcement tools together gives courts broad authority to maintain compliance with family law orders.

When Contempt May Not Be the Best Option

Not every instance of non-payment warrants contempt. If the obligor parent has genuinely lost employment, suffered a disability, or faced an unforeseen hardship, courts may prefer modification of support over punishment.

Filing contempt in these circumstances may not be successful and could unnecessarily escalate the conflict. Exploring other remedies or a negotiated modification may sometimes serve the child’s best interest more effectively.

FAQs on Child Support Contempt

Can I go to jail for not paying child support?

Yes. Courts can impose jail time for willful failure to pay child support. Jail is often short-term, but can be repeated for multiple violations.

What if I cannot afford to pay?

You may file a motion to modify child support. Courts generally will not hold you in contempt if the inability to pay is genuine and documented.

How long do I have to file for contempt of court?

In California, contempt must be filed within three years of the missed payment.

Is contempt the only way to enforce support?

No. Wage garnishment, tax intercepts, and license suspensions are common alternatives.

Does contempt apply only to child support?

No. It also applies to custody, visitation, and attorney fee orders.

Do I need an attorney to pursue contempt?

While self-representation is possible, the complexity of contempt law makes it highly advisable to have a family law attorney.

Get Legal Help with Child Support Enforcement

If you are dealing with unpaid child support or considering contempt proceedings, the attorneys at Reape Rickett can guide you through your enforcement options. With decades of experience in Los Angeles, Ventura County, and surrounding California courts, our firm has helped parents secure the financial support their children deserve.

We evaluate whether contempt, garnishment, or modification is the most effective strategy, and represent clients in hearings, negotiations, and trials.

Contact Reape Rickett today for a confidential consultation and learn the best enforcement strategy for your case.