Consequences for Failing to Pay Child Support

Can I be in violation of my supervision or parole if I fail to pay child support?

Yes. Failure to pay child support can amount to a violation of supervision or parole if you are held in contempt of court for willfully withholding payment. This is because carrying out any criminal activity (which acting in contempt of court is) is a general violation of parole and supervision (for more information on parole and probation conditions, see the PAROLE & PROBATION CHAPTER, PG. 130).

Can I go to jail for not paying child support?

Not paying child support can have very serious consequences. If a family court judge finds that you have the ability to pay support but are willfully not paying it, it can find you “in contempt of court.” Being “in contempt of court” means you are not following an order from a judge and it could be punished with jail time. This enforcement tool is generally used only when all others have failed since it has such serious consequences.[2587] If you are being charged with contempt of court and could face criminal charges, you have the right to a lawyer. If you cannot afford a lawyer, ask the court to appoint one for you.[2588]

If you are able to show that you are not able to pay before the court, you will probably not be held in contempt (which can lead to jail time). However, this still may cause other problems. Although you may not go to jail for being in debt, your credit may affected if you do not pay the child support you have been ordered to pay.[2589] If your credit is affected because you have not paid child support, you may have difficulty in doing things that result in a credit check like renting an apartment or purchasing a car.

FREE RESOURCES

For more information on child support payments and child support debt, check out the following resources:

Whether you are still incarcerated or back in the community, you know how important your children and your family are for rebuilding your life, your relationships, and your sense of self.

  1. 2587

    Judicial Council of Cal., “Paying a Child Support Order,” http://www.courts.ca.gov/1197.htm.

  2. 2588

    http://www.courts.ca.gov/1253.htm

  3. 2589

    Cal. Fam. Code 4700 – 4701.