Code Civ. Proc. §1209.5
If a non-custodial parent knows about a child support order, has income or resources, and refuses to make court ordered child support payments he/she may be ordered to appear before the court to explain why he/she should not be fined or jailed for disobeying the child support court order.
The allegation is brought by the child support agency and is called an Order to Show Cause and Affidavit for Contempt. The maximum punishment is 5 days in county jail and/or a 120 hours of community service and/or a fine of $1000 plus penalty assessments for each month the non-custodial parent failed to comply with the child support order charged in the OSC. Previously a first time offender is given 3 years probation and is once again ordered to make the court ordered monthly child support payments. If the non-custodial parent again fails to pay, a Violation of Probation charge may be brought before the court. Previously second time offenders - non-custodial parents who have the ability to pay but still do not pay per the terms of their probation - will receive either community service or a jail sentence.
Contempt proceedings are becoming a more commonly used enforcement tool when all other attempts to collect child support have failed.
The new law, effective January 1, 2021 is as follows:
Code Civ. Proc. §1218 (c) (2)
(2) In lieu of an order of imprisonment, community service, or both, as set forth in paragraph (1), the court may grant probation or a conditional sentence for a period not to exceed one year upon a first finding of contempt, a period not to exceed two years upon a second finding of contempt, and a period not to exceed three years upon a third or any subsequent finding of contempt.
