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Child Support – Contempt Proceedings for Non-Payment of Support

The child support agency can ask the court to find a noncustodial parent in contempt of court if he or she has the ability to pay but is intentionally not paying the support obligation.

The court can order the noncustodial parent to serve a jail sentence if found in contempt. The jail sentence can be avoided if the noncustodial parent meets certain conditions, such as making regular support payments.

Criteria

The child support agency can pursue a contempt action if all of the following are true. The noncustodial parent:

• owes support according to an order or decree for support

• owes court-ordered child support or maintenance arrears in an amount at least three times their total monthly support and maintenance obligation

• is not complying with a written payment plan approved by the court or the child support agency.

Exclusions

The child support agency will not pursue contempt action if any of the following are true:

• the case does not meet the criteria

• there is a court order that prohibits contempt proceedings

• the noncustodial parent is institutionalized, incarcerated, or otherwise incapacitated and unable to pay.

Authority

Minnesota Statutes can be found on the Minnesota Office of the Revisor Web site.

• Minnesota Statutes, section 518A.72

• Minnesota Statutes, Chapter 588

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