In our final installment (read part 1, read part 2) regarding the issue of lack of payment of spousal support, we will now address the penalties if found in contempt for willful lack of payment. Remember, in California these proceedings are considered “quasi-criminal” and thus the penalties might surprise you.
Under California Code of Civil Procedure (CCP) § 1218 (c)(1), upon a first finding of contempt, the party “must be ordered to perform up to 120 hours of community service, or to be imprisoned up to 120 hours for each count of contempt.
After a second finding of contempt, the party “must be ordered to perform up to 120 hours of community service in addition to imprisonment of up to 120 hours for each count of contempt. CCP § 1218 (c)(2).
For third or subsequent findings thereafter of contempt for lack of payment of support, the party “must be ordered to perform up to 240 hours of community service in addition to imprisonment of up to 240 hours for each count of contempt. CCP § 1218 (c)(3)(A).
As you can see from these harsh penalties, it is important that you hire an experienced knowledgeable family law attorney immediately upon being noticed with contempt proceedings against you for lack of payment of spousal support, etc. If you or a loved one needs assistance with a spousal support and/or contempt issue, or any other family law issue please call Wallin and Klarich at 888-749-7428 any time! Wallin and Klarich has been in the business of helping people with their family law matters for over 30 years and we would like to help you with yours! Call Wallin and Klarich today as we have a team of highly skilled family law attorneys ready to take your call 7 days week, 24 hours a day!
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