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FOR LAWYER J, So my friend has a court ordered child

FOR LAWYER J, So my friend...
FOR LAWYER J,
So my friend has a court ordered child support. Her daughter is now 16 years old, and the father has not paid a cent to date. Can she go to court and demand that the father pays? Or what is your recommendation of the next step? Thanks.
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Answered in 28 minutes by:
3/8/2018
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
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She will actually go through the same process as your friend seeking visitation of her grandchild.

California courts can enforce a child support order by holding the delinquent parent in “contempt” of court. Being held in contempt means the judge believes a party has willfully disobeyed a court order.

Contempt can be criminal or civil. If the delinquent parent is held in criminal contempt, the court can order him or her to pay fines or serve jail time.

A parent held in civil contempt may also be sent to jail, but can be released as soon as he or she pays a certain amount of the past due child support. A court can also order a combination of penalties for civil and criminal contempt.

The party seeking to enforce child support in court must file a motion for contempt. In California, there is a statute of limitations (meaning a time limit) on bringing a motion for contempt related to non-payment of support. You have three years from the date a payment was due (but not paid) to file a contempt action against a delinquent parent. For example, if the other parent doesn’t pay child support for six years, you can only file contempt regarding the last three years’ worth of payments. If the noncustodial parent isn’t paying, be sure to file for contempt at least every three years to ensure you are eligible to receive all past due child support. Essentially, your friend can file a motion for contempt for all support due from the time the child was 13, but won't be able to collect support due before that.

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