When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical attendance, or other remedial care for his or her child, proof that the order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced and proof that the parent did not comply with the order is prima facie evidence of a contempt of court.
§ 1209.5.Parent Not In Compliance With Order Compelling Parent to Furnish Support For Child
Title 5. Of Contempts · Last amended 1994 · Last verified July 29, 2026
In one sentenceSection 1209.5 makes it easier to prove contempt against a parent who ignores a court order to pay child support or provide necessities, treating proof that the order was made and served -- or that the parent was in court when it was announced -- together with proof of nonpayment, as prima facie evidence of contempt.
Full Text of § 1209.5
Plain-English Summary
Ordinary contempt requires proving the underlying order and the violation from scratch. Section 1209.5 gives a support-enforcement shortcut for one narrow situation: a parent under a court order to pay support, or to provide food, clothing, shelter, or medical care for a child.
To establish contempt, the moving party needs only two things: proof the order existed -- either it was made, filed, and served on the parent, or the parent was in the courtroom when the judge announced it -- and proof the parent did not comply. Together those facts amount to prima facie evidence of contempt, meaning the burden shifts to the parent to explain the nonpayment rather than requiring the other side to disprove every possible excuse up front.
This section works alongside § 1218.5, which addresses how each missed month of support can count as a separate count of contempt, and § 1218, which sets the penalties once contempt is found.
Frequently Asked Questions
What must a parent prove to establish contempt for unpaid child support?
Proof that the support order was made, filed, and served on the parent (or that the parent was present when it was pronounced), plus proof the parent didn't comply, is prima facie evidence of contempt under § 1209.5.
Does the parent have to have been formally served with the order?
No. Being present in court when the judge announced the order works just as well as formal service for purposes of this section.
Does proving nonpayment automatically mean the parent goes to jail?
Amendment History
Amended by Stats. 1992, Ch. 163, Sec. 57. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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