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Every support order must address income withholding, and whenever a support order is initially entered or modified, the full amount of the support order must be subject to income withholding from the income of the obligor.
Income withholding
Absent an order to the contrary, if an arrearage exists at the time a support order would otherwise terminate, income withholding shall continue in effect or may be implemented in an amount equal to the support order plus an additional 20 percent of the monthly child support obligation, until all arrears have been paid in full.
Source: Minn. Stat. § 518A.53
Contempt
A child support or maintenance order constitutes prima facie evidence that the obligor has the ability to pay the award.
If an obligor disobeys a support order, it is prima facie evidence of contempt, and the court may cite the obligor for contempt under section 518A.72 or chapter 588.
A person may be cited for contempt under section 518A.72 if the person is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than three times the obligor’s total monthly support and maintenance payments and is not in compliance with a written payment plan approved by the court, a child support magistrate, or the public authority.
If a court cites a person for contempt under section 518A.72, the court may order the performance of community service work up to 32 hours per week for six weeks for each finding of contempt if certain conditions are met.
Source: Minn. Stat. §§ 518A.71, 518A.72
Payment agreements
In proposing or approving proposed written payment agreements, the court, a child support magistrate, or the public authority shall take into consideration the amount of the arrearages, the amount of the current support order, any pending request for modification, and the earnings of the obligor.
The court, child support magistrate, or public authority shall consider the individual financial circumstances of each obligor in evaluating the obligor’s ability to pay any proposed payment agreement and shall propose a reasonable payment agreement tailored to the individual financial circumstances of each obligor.
Source: Minn. Stat. § 518A.69
Driver’s license suspension
If an obligor is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than three times the obligor’s total monthly support and maintenance payments and is not in compliance with a written payment agreement approved by the court, a child support magistrate, or the public authority, the court may order the commissioner of public safety to suspend the obligor’s driver’s license.
The court’s driver’s license suspension order must be stayed for 90 days to allow the obligor to execute a written payment agreement; if the obligor has not executed or is not in compliance with a written payment agreement after the 90 days expires, the court’s order becomes effective and the commissioner of public safety shall suspend the obligor’s driver’s license.
Source: Minn. Stat. § 518A.65
Recreational license suspension
Upon motion of an obligee or the public authority, if the court finds that the obligor is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than six times the obligor’s total monthly support and maintenance payments and is not in compliance with a written payment agreement, the court may direct the commissioner of natural resources to suspend or bar receipt of the obligor’s recreational license or licenses.
Source: Minn. Stat. § 518A.68
Criminal charges for nonpayment of support
Penalty tiers:
Whoever is legally obligated to provide court-ordered support to a spouse or child and knowingly omits and fails to do so is guilty of a misdemeanor, and upon conviction may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
A person who violates the nonsupport statute is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the violation continues for a period in excess of 90 days but not more than 180 days, or if the person is in arrears in an amount equal to or greater than six times but less than nine times the person’s total monthly support and maintenance payments.
A person who violates the nonsupport statute is guilty of a felony and upon conviction may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if the violation continues for a period in excess of 180 days, or if the person is in arrears in an amount equal to or greater than nine times the person’s total monthly support and maintenance payments.
Upon conviction under section 609.375, a defendant may obtain work release only upon the imposition of an automatic income withholding order, and nonpayment of court-ordered support is a violation of any probation granted following conviction under the felony subdivision.
A person prosecuted for nonsupport under section 609.375 may be prosecuted and tried in the county in which the support obligor resides or in the county in which the obligee or the child resides.
Source: Minn. Stat. § 609.375
Questions people ask about child support enforcement in Minnesota
Will my wages be withheld automatically when a support order is entered?
A payor of funds must begin withholding no later than the first pay period that occurs after 14 days following the date of receipt of the order for or notice of withholding.
What happens to the extra withholding once I pay off the arrears?
When an arrearage exists, the employer or payor of funds shall withhold from the obligor’s income an additional amount equal to 20 percent of the monthly child support or maintenance obligation until the arrearage is paid, unless the court has ordered a specific monthly payback amount toward the arrears.
Can the court suspend my driver’s license for unpaid child support?
If an obligor is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than three times the obligor’s total monthly support and maintenance payments and is not in compliance with a written payment agreement approved by the court, a child support magistrate, or the public authority, the court may order the commissioner of public safety to suspend the obligor’s driver’s license.
Is there any way to get a restricted license if mine is suspended?
An obligor whose driver’s license is suspended may seek a limited license under section 171.30; a limited license issued to an obligor under that section expires 90 days after the date it is issued.
When does unpaid support become a criminal charge in Minnesota?
A person may not be charged with violating section 609.375 unless there has been an attempt to obtain a court order holding the person in contempt for failing to pay support or maintenance.
Is there a defense if I genuinely could not pay?
It is an affirmative defense to criminal liability under section 609.375 if the defendant proves by a preponderance of the evidence that the omission and failure to provide court-ordered support were with lawful excuse.
What if I complete community service — does that erase what I owe?
The performance of community service work does not relieve a child support obligor of any unpaid accrued or accruing support obligation.
What must a court consider before approving a payment agreement?
In proposing or approving proposed written payment agreements, the court, a child support magistrate, or the public authority shall take into consideration the amount of the arrearages, the amount of the current support order, any pending request for modification, and the earnings of the obligor. The court, child support magistrate, or public authority shall consider the individual financial circumstances of each obligor in evaluating the obligor’s ability to pay any proposed payment agreement and shall propose a reasonable payment agreement tailored to the individual financial circumstances of each obligor.
Talk with Martine Law about child support enforcement
Early action matters when enforcement has started or arrears are growing. Martine Law handles child support matters across Minnesota. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
