Rice

—Lorain Rice appeals from two court orders—one dismissing her motion to have Thomas Eaton held in contempt for failing to pay child support, and the other compelling Rice to pay $1,000 in attorney fees to Eaton as sanctions under Family Code section 271 (hereafter section 271).

Rice contends the trial court erred in dismissing her motion, erred in ordering her to pay sanctions, and erred in ordering the sanctions to be offset against child support owed by Eaton. We find each of Rice’s claims to have merit and shall reverse the trial court’s orders accordingly.

FACTUAL BACKGROUND

In May 2006, Eaton was ordered to pay to Rice $2,524 each month (retroactive to Jan. 2005) for the support of their daughter, then seven years *1076 old. In April 2008, at Rice’s request, the Placer County Department of Child Support Services (DCSS) opened a case to enforce that order of support.

In August 2008, DCSS filed a motion for an “Order to Show Cause and Affidavit for Contempt” (hereafter OSC re Contempt), seeking to have Eaton held in contempt for failing to pay child support in May, June, and July 2008. Eaton was properly served but failed to appear at the scheduled hearing. DCSS…