CALIFORNIA FAMILY CODE
ENFORCEMENT OF SUPPORT ORDERS
CIVIL PENALTY FOR CHILD SUPPORT DELINQUENCY
When Penalties May Not Be Imposed
Family Code Section 4726
No penalties may be imposed pursuant to this chapter if, in the discretion
of the court, all of the following conditions are met:
(a) Within a timely fashion after service of the notice of delinquency,
the support obligor files and serves a motion to determine arrearages
and to show cause why the penalties provided in this chapter should not
(b) At the hearing on the motion filed by the support obligor, the court
finds that the support obligor has proved any of the following:
(1) The child support payments were not 30 days in arrears as of the date
of service of the notice of delinquency and are not in arrears as of the
date of the hearing.
(2) The support obligor suffered serious illness, disability, or unemployment
which substantially impaired the ability of the support obligor to comply
fully with the support order and the support obligor has made every possible
effort to comply with the support order.
(3) The support obligor is a public employee and for reasons relating to
fiscal difficulties of the employing entity the obligor has not received
a paycheck for 30 or more days.
(4) It would not be in the interests of justice to impose a penalty.