Can I Go to Jail for Not Paying Child Support in California?

Falling behind on child support payments can be stressful for both parents and can even result in serious legal consequences. Parents who fail to pay could face a variety of penalties, including a term of imprisonment. If you’re wondering whether you will face jail time for not paying child support in California, continue reading for more information. Consult with an experienced Red Bluff criminal lawyer to secure skilled legal advice during your case.

What is Child Support?

Child support is money paid by one parent to the other to help cover the costs of raising their child. It can be expensive to support a child, so when parents split up, California courts strive to ensure that both parents continue to financially contribute to the child’s growth and development. In general, the non-custodial parent (the parent who does not have primary custody of the child) owes money to the custodial parent (the parent who spends the majority of the time caring for the child).

Child support payments go toward essential living expenses, like housing, food, education, and medical care. The purpose of child support is to ensure that the child is financially cared for. The money does not go toward the receiving parent’s needs, besides the ones that overlap with the child’s, such as housing.

How is Child Support Calculated in CA?

California uses a statewide formula to determine how much one parent owes the other in child support. Outlined in Family Code Section 4055, the formula takes into consideration a variety of factors, including each parent’s income, the amount of time the child spends with each parent, the child’s needs, and more. This ensures that the calculation is fair and based on both the child’s needs and the parents’ ability to afford them.

Can I Go to Jail for Not Paying Child Support in CA?

If you have been ordered to pay child support by a California state court, failing to do so can result in significant legal penalties. Jail is not a common consequence for not paying child support, but it can be used in extreme cases or as a last resort.

If you are found in contempt of court for disobeying a court order or willfully ignoring a child support order, a judge can impose fines or jail sentences of up to 5 days per missed payment. If arrears build up, longer sentences are possible.

You are more likely to face jail time if you have the ability to pay child support but refuse, you have deliberately hidden income or assets, or you have repeatedly ignored court orders or attempts to enforce the support obligation.

If you cannot afford child support, there are better options than simply refusing to pay. For more information, reach out to a skilled attorney today.