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California courts can enforce a child support order by holding the delinquent parent in contempt of court. Being held in contempt means the judge believes you have willfully disobeyed a court order. Contempt can be criminal or civil.
If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.
If the delinquent parent is found guilty of contempt for failing to pay child support, the court can order that person to pay fines, perform community service, and/or serve time in jail. The party seeking enforcement in court must file a motion (a written request) for contempt.
The most common way to enforce a child support order is by filing a motion for civil contempt. Filing this motion (written request) tells the court that you have a valid child support order in place, and the noncustodial parent is behind on payments.
The most common way to enforce a child support order is by filing a motion for civil contempt. Filing this motion (written request) tells the court that you have a valid child support order in place, and the noncustodial parent is behind on payments.
If the court finds that someone has the ability to pay support but is willfully not paying it, it can find that the person ordered to pay support is in contempt of court. Being in contempt of court could mean jail time for the person who is not paying the child support.
In this situation, there is a temptation to withhold child support, but this is not allowed. Child support payments and visitation are considered by law to be separate issues.You have an obligation to financially support your children, regardless of any visitation issues.