When other collection efforts have not resulted in progress towards consistent support payments and compliance with court orders, the local child support agency may be in a position to file a Civil Contempt action (pursuant to Code of Civil Procedure sections 1209, 1209.5, 1218). The local child support agency will need to show that the parent ordered to pay child support has knowledge of a child support order and failed to comply with timely payments. The parent ordered to pay support may be ordered to appear before the court and be given the opportunity to explain why they should not be found in contempt for failing to comply with the court order. The party’s “ability to pay” support is a common discussion point in contempt matters. Typically the local child support agency will not file a contempt unless there is a consistent pattern of non-payment of any amount for several months.
The allegation is brought by the local child support agency and is initiated by an Order to Show Cause and Affidavit for Contempt. At the first hearing, the parent subject to the contempt will be advised of their rights and can speak with a representative from the local child support agency to try to resolve the contempt or can have counsel (public defender) appointed to represent them.
Under the Code of Civil Procedure, potential sanctions for being found in contempt include:
For a first contempt, the court may order up to 5 days in jail and/or 120 hours of community service and/or a $1,000 fine per each unpaid month of support. Penalties increase for repeat violations, including up to 10 days in jail and 240 hours of community service for each unpaid month for a third or any subsequent finding of contempt. Instead of jail or community service, the court may suspend the jail sentence and order informal probation for up to 1 year (first contempt), 2 years (second contempt), or 3 years (third or later).
Often for a first-time contempt with a person who is willing to make efforts towards consistent payments, the Court will place them on one year of informal probation. The parent will be ordered to pay their existing child support as a condition of their probation. The parent will also be ordered to obey all laws, make all compliance review court appearances, maintain or seek full-time employment and report monthly to the child support agency by paying their existing child support order. If the parent fails to pay or comply with the terms and conditions of their court ordered informal probation, the child support agency may file a Violation of Probation. At a probation revocation hearing, the court may revoke probation and execute the sentence.
It is important to remember: Contempt proceedings are used to enforce child support when all other collection efforts have failed. The primary goal is for the parent to make consistent, monthly child support payments. Once the parent ordered to pay child support has established consistency in making monthly child support payments, then the contempt proceeding is no longer necessary, and the child support agency will ask for no further reviews.