The Contempt Motion: What Happens When You File FL-410

When a child support payer willfully fails to pay court-ordered support, they are in contempt of court. California law allows the custodial parent to file an Order to Show Cause re Contempt — Judicial Council Form FL-410 — in the family court that issued the support order. Each month of willful non-payment is a separate contempt count. The consequences are real: up to five days in jail and a $1,000 fine per count.

What Willful Means

Contempt requires willful failure to pay — the payer had the ability to pay and chose not to. A payer who genuinely had no income and no assets may have a defense. A payer who had income, spent it on other things, and claims inability to pay does not. Bank records, tax returns, and lifestyle evidence (new car, vacations, business activity) are all relevant to showing ability to pay.

The Contempt Hearing

At the contempt hearing, the custodial parent proves the order existed, the payer had notice of the order, and payment was not made. The burden then shifts to the payer to prove inability to pay. The court can order immediate payment, set up a payment plan, impose jail time (suspended pending payment), or issue a bench warrant for failure to appear.

Why Contempt Works

Contempt is effective not because most courts imprison non-payers — they often do not on the first motion — but because the threat of jail time and the formal court appearance creates urgency that no letter from a caseworker does. Many payers make significant payments immediately before or after a contempt hearing that they never made voluntarily.

Educational use only. Not legal advice. Justice Foundation.