Contempt of Court

If a paying parent knows about a support order, has income or resources, and refuses to make court ordered payments he/she may be ordered to appear before the court to explain why she/he should not be fined or jailed for disobeying the court order.

The allegation is brought by the child support agency and is called an Order to Show Cause in re Contempt (OSC). The maximum punishment is 5 days in jail and/or a $500 fine for each month of failure to comply with the support order charged in the OSC. Usually a first time offender is given 3 years probation and again ordered to make the monthly payments. If the parent again fails to pay, a Violation of Probation charge may be brought. Usually second time offenders - ones who have the ability to pay but still do not pay -- will receive either a jail sentence or a very short period to prove they will pay - and then a jail sentence if they still don't pay.

Contempt proceedings are usually used as a last resort when all other methods of enforcement have failed. It is a very expensive and resource intensive process and, if a parent has any asset or income, there are many other more effective ways to collect.