Legal Question in Family Law in California

There is a statute of limitations for bringing contempt proceedings for noncompliance with a court order made under the Family Code. (Code Civ. Proc., � 1218.5.)

For an alleged failure to pay child, family or spousal support, the contempt action must be commenced no later than three years from the date the payment was due. (Code Civ. Proc., � 1218.5(b).)

A contempt cause of action for nonpayment of support can be broken down into separate "counts" for each month payment was not made in full. If he failed to make payments over three years ago, this will not be fatal to a contempt proceeding. Each month within the three-year period for which payments were in default is separately punishable as separate counts of contempt. (See Code Civ. Proc., � 1218.5(a).)