Criminal Prosecution
Penal Code § 270
Criminal prosecution for willful failure to support
a child under Penal Code § 270 is truly the last resort in enforcement
of child support orders. If there is a court order, Contempt
of Court charges are much easier, less
expensive, and easier to prove. If there is no court order, time and
effort is usually better spent getting a court order and then enforcing
it by automatic withholdings or contempt of court.
However, in the right circumstances,
criminal charges will be filed and prosecuted through
trial. The maximum punishment is one year and a day
in state prison and a $2,000 fine.
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