Legal Question in Family Law in California
Defenses to contempt for non-payment of child support.
What defenses exist for a student facing a criminal contempt proceeding for non-payment of child support?
2 Answers from Attorneys
Re: Defenses to contempt for non-payment of child support.
The only defenses are: The court order was wrong (e.g. the court did not have jurisdiction); you did not know about the order; or, you could not comply with the court order (e.g. you were hit by a car, went into a coma and had no income).
Re: Defenses to contempt for non-payment of child support.
Mr Gray is correct there are few defensed to contempt for failure to pay child support. Because of the quasi criminal nature of the contempt proceedings you are entitled to be represented by an attorney. If you cannot afford to hire an attorney, the court will appoint an attorney to represent you. Do not go to court and attempt defend yourself in this matter. You can be sentenced to 5 days in county jail for each payment that you did not make.