(a) If the contempt alleged is for failure to pay child, family, or spousal support, each month for which payment has not been made in full may be alleged as a separate count of contempt and punishment imposed for each count proven.
§ 1218.5.Contempt Alleged For Failure to Pay Support
Title 5. Of Contempts · Enacted 1994 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1218.5 lets a support enforcement case charge one count of contempt for every month a parent misses full payment, and sets separate limitations periods for filing -- three years from the missed payment for support contempt, two years from the alleged violation for contempt of any other Family Code order enforcement.
Full Text of § 1218.5
(b) If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due. If the action before the court is enforcement of another order under the Family Code, the period of limitations for commencing a contempt action is two years from the time that the alleged contempt occurred.
Plain-English Summary
Missed support payments often stack up over months or years, and § 1218.5 lets the contempt case reflect that. Each month for which child, family, or spousal support wasn't paid in full can be charged as its own separate count of contempt, with punishment available on every count that's proven -- not just one combined charge covering the whole arrearage.
The statute also sets how long a party has to bring the case. For contempt based on failing to pay support, the clock runs three years from the date each payment was due. For contempt based on enforcing some other Family Code order, the period is shorter -- two years from when the alleged contempt happened.
This section works with § 1209.5's prima facie proof shortcut and § 1218's penalty structure -- together they make support-related contempt one of the more practical enforcement tools available to a parent owed unpaid support.
Frequently Asked Questions
Can each missed support payment be charged as a separate contempt count?
Yes. Section 1218.5(a) lets each month for which support wasn't paid in full be alleged as its own count of contempt, with punishment for every count proven.
How long do I have to file a contempt action for unpaid child support?
Three years from the date the missed payment was due.
Does the same time limit apply to contempt for violating other family court orders?
No. Enforcement of another Family Code order carries a shorter, two-year limitations period running from when the alleged contempt occurred.
Amendment History
Added by Stats. 1994, Ch. 1269, Sec. 3.5. Effective January 1, 1995.
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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