Contempt Proceedings

By statute, contempt proceedings are available to enforce any judgment or order made under the Family Code. If the contempt alleged is for failure to pay child, spousal, or family support, each month for which payment has not been made in full may alleged and punished as a separate count. The limitation period for such a failure is three years from the date the payment was due.

Deposit of Assets to Secure Child Support Payments

In an order or judgment requiring payment of child support, the court may also require, subject to certain restrictions, that the obligor pay up to one year’s child support, to be known as the “child support security deposit.” When making an order for payment of a child support security deposit the court must direct that the obligor deposit the amount in an interest-bearing account and subject to withdrawal only on court authorization. Furthermore, the court must order the obligor to supply evidence of the deposit.

Penalties for Unpaid Child Support

The California Family Code provides for substantial monetary penalties for unpaid child support. The penalties are intended to be applied in “egregious instances of noncompliance with child support orders.”

Attorney’s fees

The California Family Code also provides that the court may order the non custodial parent pay attorney’s the custodial parent’s attorney’s fees for having to bring enforcement proceedings.

Don’t Sit on your Rights to Collect!

One of the most important things a custodial parent should know about the enforcement of child support, is the serious risk in losing one’s right to collect if enforcement proceedings are not pursued in a timely fashion. During the past five years California courts have rendered numerous opinions holding the doctrine of laches applies to child and spousal support arrears and have precluded custodial parents from collecting where they have waited too long. (See Marriage of Plescia (1997) 59 CA4th 252.)

The doctrine of laches is an equitable defense that allows parents who have not paid child support to plead with the court to not enforce the arrears, since the custodial parent’s dely unfairly prejudiced them.

Thus, it is paramount that custodial parents enforce their rights to collect in a timely fashion. It is advisable for custodial parents who are having difficulty collecting child support to be proactive and to take legal action immediately.

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