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A child support or maintenance order constitutes prima facie evidence that the obligor has the ability to pay the award, and if the obligor disobeys the order, it is prima facie evidence of contempt.
Contempt for unpaid child support
If a person against whom an order or decree for support has been entered 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, the person may be cited and punished by the court for contempt.
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, and shall consider the individual financial circumstances of each obligor in evaluating the obligor’s ability to pay.
Failure to comply with a seek employment order entered under section 518A.64 is evidence of willful failure to pay support.
If a court cites a person for contempt under this section, and the obligor lives in a county that contracts with the commissioner of children, youth, and families under section 142A.30, 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 the obligor is able to work full time, works an average of less than 32 hours per week, and has actual weekly gross income averaging less than 40 times the federal minimum hourly wage or is voluntarily earning less than the obligor has the ability to earn.
The performance of community service work does not relieve a child support obligor of any unpaid accrued or accruing support obligation.
Source: Minn. Stat. § 518A.72
Source: Minn. Stat. § 518A.69
Criminal charges for nonpayment
Charge 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 subdivision 1 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 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 subdivision 1 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 the person is in arrears in an amount equal to or greater than nine times the person’s total monthly support and maintenance payments.
Source: Minn. Stat. § 609.375
Before a criminal charge can be filed
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 under chapter 518 or 518A.
Venue:
A person who violates 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
After a conviction
Upon conviction under section 609.375, a defendant may obtain work release only upon the imposition of an automatic income withholding order, and may be required to post a bond in avoidance of jail time and conditioned upon payment of all court-ordered support owed.
Nonpayment of court-ordered support is a violation of any probation granted following conviction under subdivision 2a.
Source: Minn. Stat. § 609.375
License suspension and public listing
Recreational licenses:
Upon motion of an obligee or the public authority, and if the court finds that the obligor is in arrears 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 pursuant to section 518A.69, the court may direct the commissioner of natural resources to suspend or bar receipt of the obligor’s recreational license or licenses.
Public identification:
At least once each year, the commissioner of children, youth, and families may publish a list of the names and other identifying information of no more than 25 persons who are child support obligors, are at least $10,000 in arrears, are not in compliance with a written payment agreement, cannot currently be located by the public authority, and have not made a support payment in the preceding 12 months.
Source: Minn. Stat. § 518A.68
Source: Minn. Stat. § 518A.74
Questions people ask about child support enforcement in Minnesota
Can I be put in jail just for missing one payment?
If a person against whom an order or decree for support has been entered 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, the person may be cited and punished by the court for contempt.
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 charge level can I face for nonpayment?
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 subdivision 1 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 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 subdivision 1 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 the person is in arrears in an amount equal to or greater than nine times the person’s total monthly support and maintenance payments.
Can the state take away my fishing or hunting license?
Upon motion of an obligee or the public authority, and if the court finds that the obligor is in arrears 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 pursuant to section 518A.69, the court may direct the commissioner of natural resources to suspend or bar receipt of the obligor’s recreational license or licenses.
Will my name be published publicly if I owe back support?
At least once each year, the commissioner of children, youth, and families may publish a list of the names and other identifying information of no more than 25 persons who are child support obligors, are at least $10,000 in arrears, are not in compliance with a written payment agreement, cannot currently be located by the public authority, and have not made a support payment in the preceding 12 months.
Do I have to go through contempt before facing criminal charges?
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 under chapter 518 or 518A.
Does completing community service wipe out what I owe?
The performance of community service work does not relieve a child support obligor of any unpaid accrued or accruing support obligation.
How is the payment agreement set?
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, and shall consider the individual financial circumstances of each obligor in evaluating the obligor’s ability to pay.
Talk with Martine Law about child support enforcement
Acting early gives you more options, and 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.
