If a parent fails to make child support payments, the other parent may file a motion for contempt to bring the issue before the court. A motion for contempt—as the name implies—is based on the uncooperative party’s contempt for the judge/court’s child support order. Ignoring the court’s order will have serious potential consequences, including loss of custody or visitation rights, and payment of the other parent’s attorney fees and costs in filing the motion for contempt (coercive civil contempt). And in some cases of repeated failures to comply with the child support order, the court may punish the uncooperative parent with jail time (criminal contempt).
In California, if a parent fails to make court-ordered child support payments, the other parent has the right to file a motion for contempt with the court. This legal action is taken when a parent disobeys the court's order, showing a disregard for the legal obligation to provide financial support for their child. The consequences of being found in contempt can be severe. The court may impose various penalties, including the loss of custody or visitation rights, and the requirement to pay the legal fees and costs incurred by the other parent in bringing the motion. Additionally, the court may order coercive civil contempt measures to compel compliance, such as wage garnishments or liens on property. In cases where there is a willful and repeated failure to pay child support, the court may escalate the matter to criminal contempt, which can result in jail time for the non-compliant parent. It's important to note that enforcement measures are intended to ensure that child support payments are made, rather than to punish the non-paying parent.