Key Takeaways
- You could be imprisoned if child support and/or spousal support arrearages get too high.
- Punishments for not paying support include license suspension, freezing bank accounts, and intercepting your state and federal tax returns.
- A Motion for Contempt can lead to imprisonment for non-payment of support.
- Courts may consider a payment plan on arrearages.
When you fall behind in child or spousal support, the court can implement several types of punishment, including suspending your license. If your ex-wife files a Motion for Contempt of Court, depending on the circumstances, you could also see jail time, making it even more challenging to pay current support and catch up on arrears. An experienced family law attorney at Cordell & Cordell can guide you through the process and explain how to get child support arrears and spousal support arrears dismissed in Minnesota.
What Are the Punishments for Support Arrears in Minnesota?
When you violate a child support order by non-payment, child support enforcement can take several actions against you. If you, as a non-custodial parent, have difficulty paying the total amount of child support as ordered in your child support case, you should contact an attorney immediately—as the consequences of not paying are high.
The court and child support services can take several actions, including:
- Intercepting the non-custodial parent’s federal tax return
- File a claim against future federal income tax refunds
- Report the arrears on your credit reports
- Prosecute you in a federal criminal court
- Notify financial institutions (financial institution data match)
- Withhold income from your paychecks
- Deny your passport application
- Intercept state tax refunds
- Put holds on student grants
- Suspend your driver’s license (Minn. Stat. § 518A.65)
- Order jail time and or fines
- Hold you in contempt of court
- Occupational license suspension (Minn. Stat. § 518A.66)
- Place a lien on your vehicles (Minn. Stat. § 518A.67)
- Suspend recreational licenses (Minn. Stat. § 518A.68)
- Enter a child support judgment (Minn. Stat. § 548.091)
Can You Go to Jail for Support Arrears in Minnesota?
If your ex-spouse files a Motion for Contempt of Court in an attempt to collect past-due child support payments and spousal support arrearages, a court order could include jail time until you pay the arrearages. If you are in jail, you are not working and earning a salary, which means that you not only unable to catch up on arrearages—but you won’t be able to pay current support, which increases the amount owed in arrearages.
A Motion for Contempt can result in a judgment against you along with jail time, which means you may also see wage garnishment, levying of your bank accounts, seizure of personal property, and retirement benefits appropriated via a Qualified Domestic Relations Order (QDRO) to satisfy your child support obligation.
How to Get Support Arrears Dismissed in a Minnesota Court
If you fall behind in spousal support, this can trigger the same penalties incurred for not paying court-ordered child support. Because your original support order is in the child’s best interests, the courts are reluctant to dismiss support arrears or order a downward modification.
Depending on your circumstances, you can get some or all spousal support arrears dismissed in a Minnesota family court. However, the bar for dismissal, as well as modification of spousal support payments, is high.
The court will consider modifying spousal support if:
- You can prove that there has been a significant change in your financial circumstances, such as a job loss through no fault of your own and pressured to take a job for less pay.
- You can prove that there was a significant change in your ex-spouse’s circumstances, such as finishing school and obtaining a job or accepting a much higher-paying job.
- Your needs have significantly changed, including changes in custody.
- You can prove that your ex-spouse’s need was not as presented for the original support order. If a spouse lied on her financial affidavit, it not only affects spousal support but can also affect child support.
- Your ex-spouse is cohabitating with a romantic partner. Minnesota automatically stops spousal support payments if the obligee remarries, but if the obligor can prove she is cohabitating, you can ask the court to terminate spousal support.
If you have income withholding for spousal support and child support, you will still see a reduction in the deduction for that portion of the spousal support.
Why Work with Cordell & Cordell
Modifying Minnesota child support is challenging, especially if you have unpaid child support. Cordell & Cordell has experienced family law attorneys in several states, including Minnesota, who can assist you with child support and spousal support issues.
Client Experience
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.
Struggling with Your Spousal or Child Support? Contact Us.
Child support and spousal support arrearages can accumulate quickly. They can also cause you to lose certain rights and privileges. Cordell & Cordell is a family law firm that guides individuals through various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not considered legal advice.
Frequently Asked Questions
The state can charge you with a felony if you fall significantly behind on child and spousal support payments. A felony conviction on your record can affect you for the rest of your life. Depending on the number of children you have, past-due support payments can add up quickly.
If the amount owed is at least six times your total monthly support, Minnesota can charge you with a felony. If you are convicted of a felony, you could see a fine of up to $5,000—and imprisonment for up to two years, or both if:
- Your payments are behind 180 days or more, or
- You are in arrears on court-ordered child support or spousal maintenance, at least nine times your monthly support payments.
Yes. However, you must file a Downward Motion to Modify Child Support (and/or Spousal Support) Payments and attend a hearing. You must prove:
- A substantial change in circumstances
- That the change in circumstances is no fault of your own
The court will not grant your motion if you quit your job and take a lower-paying position. However, if you are laid off and your only choice is to accept employment for less pay, the court may be willing to modify your support and may agree to a payment plan or payment agreement for arrearages.
If the court agrees, it will enter a new order with the latest support payments, it is then forwarded to the child support agency. File a motion as soon as you discover that you cannot pay child support and/or spousal support through no fault of your own. This will help avoid any dealings with law enforcement.
Minnesota does not have a statute of limitations on support arrears. You must pay all arrears in full, regardless of the time it takes. However, if you are no longer under a current support order given that all of your children are emancipated, the child support office could close a Title IV-D case if the arrearage is less than $500 or the agency considers the support unenforceable under certain circumstances. Even if the support agency closes your case, the obligee can ask to reopen the case.
Child support arrears may also include healthcare and childcare arrears. The penalties for falling behind on child or spousal support arrearages are the same. If the combined amount of spousal and child support arrears reaches a certain threshold, the state can charge you with a misdemeanor, gross misdemeanor or a felony.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
