Two very different legal tracks
| Track | How it works | Can a bond be posted? |
|---|---|---|
| Civil contempt (family court) | Prosecuted under Code of Civil Procedure §1209; the court may order confinement until the act is performed | Usually no — a cash purge amount must be paid |
| Bench warrant with bail set | Warrant issues for missed hearings and the court endorses a bail amount | Yes — a surety bond can be posted |
| Criminal nonsupport | Charged under Penal Code §270, a misdemeanor | Yes — scheduled bail applies |
Why the purge amount is not bail
Under Code of Civil Procedure §1219, when contempt is the omission to perform an act still within the person's power, the court may confine them until it is performed. That payment is a purge condition — money that goes toward the support obligation — not security for a court appearance. A surety guarantee does not satisfy it because nothing is being paid to the other parent.
When Armstrong can help
- The family court issued a bench warrant with a stated bail amount for failure to appear.
- The arrest is on a criminal §270 nonsupport filing with scheduled bail.
- There is a separate criminal case and a child support hold that clears once the family matter is calendared.
See warrant bail bonds and failure to appear bail bonds for those scenarios.
If it is a purge amount
The realistic options are paying the purge, asking the family court to reduce it based on inability to pay, or getting counsel to calendar an early hearing. Local child support services agencies can also stipulate to a payment plan that resolves the contempt. Confirm which courthouse holds the matter using the courthouse directory.