Full question:
The court granted custody of my 7-year-old child to me and ordered my husband to provide support for my child in Minnesota. But he has not provided support for the last 2 months. What is the punishment for him for his failure to provide support?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Minnesota
Answer:
Your husband is legally required to provide court-ordered support for your child. If he knowingly fails to do so, he may be charged with a misdemeanor under Minn. Stat. § 609.375. A conviction can lead to a sentence of up to ninety days in jail, a fine of up to $1,000, or both.
If the failure to pay continues for more than ninety days but less than one hundred eighty days, or if he owes an amount equal to six to nine times his monthly support obligation, he may face a gross misdemeanor. This can result in up to one year in jail or a fine of up to $3,000, or both.
If the failure continues for over one hundred eighty days or if he owes nine times his monthly support, he may be charged with a felony. This can lead to a sentence of up to two years in prison or a fine of up to $5,000, or both.
Before criminal charges can be filed, there must be an attempt to obtain a court order holding him in contempt for non-payment. This requires showing that reasonable efforts were made to serve the order.
Additionally, if convicted, he may only qualify for work release if an automatic income withholding order is imposed, and he may need to post a bond to avoid jail time, contingent on paying all owed support.
It’s important to seek legal advice to understand your options and the best course of action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.