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:
Since your husband is legally obligated to provide court-ordered support to your child, where you have the child's custody and he knowingly omits and fails to provide support, he is guilty of a misdemeanor. Upon conviction he 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. It is covered in Minn. Stat. § 609.375 which reads:“Subdivision 1. Crime defined. -- Whoever is legally obligated to provide court-ordered support to a spouse or child, whether or not the child's custody has been granted to another, 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.
Subd. 2. Gross misdemeanor violation. -- A person who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both, if:
(1) the violation continues for a period in excess of 90 days but not more than 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than six times but less than nine times the person's total monthly support and maintenance payments.
Subd. 2a. Felony violation. -- 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:
(1) the violation continues for a period in excess of 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than nine times the person's total monthly support and maintenance payments.
Subd. 2b. Attempt to obtain contempt order as prerequisite to prosecution. -- A person may not be charged with violating this section 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. This requirement is satisfied by a showing that reasonable attempts have been made at service of the order.
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Subd. 5. Venue. -- A person who violates this section 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.
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Subd. 7. Conditions of work release; probation violation. -- Upon conviction under this section, 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.
Subd. 8. Defense. -- It is an affirmative defense to criminal liability under this section if the defendant proves by a preponderance of the evidence that the omission and failure to provide court-ordered support were with lawful excuse.”
Subd. 2. Gross misdemeanor violation. -- A person who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both, if:
(1) the violation continues for a period in excess of 90 days but not more than 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than six times but less than nine times the person's total monthly support and maintenance payments.
Subd. 2a. Felony violation. -- 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:
(1) the violation continues for a period in excess of 180 days; or
(2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than nine times the person's total monthly support and maintenance payments.
Subd. 2b. Attempt to obtain contempt order as prerequisite to prosecution. -- A person may not be charged with violating this section 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. This requirement is satisfied by a showing that reasonable attempts have been made at service of the order.
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Subd. 5. Venue. -- A person who violates this section 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.
***
Subd. 7. Conditions of work release; probation violation. -- Upon conviction under this section, 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.
Subd. 8. Defense. -- It is an affirmative defense to criminal liability under this section if the defendant proves by a preponderance of the evidence that the omission and failure to provide court-ordered support were with lawful excuse.”
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.
