State Laws: Can You Go To Jail for Not Paying Child Support?

Contempt of court charges carry jail time as a penalty if the court determines you are deliberately not paying while able to do so. But courts typically use other enforcement methods (like wage garnishment) before resorting to incarceration. 

Specific laws and penalties vary by state. The circumstances of the case—like the amount of child support owed, previous offenses, and the obligor’s ability to pay—also affect penalties and jail time.

This page discusses jail time as a sanction for contempt of a court order and child support delinquency. You’ll learn more about child support enforcement, examples of state laws, and when to get legal help.

Other Child Support Enforcement Actions

Courts realize that jailing a paying parent may not be the most effective method to collect back child support payments. This is why they will first use other enforcement tactics to collect what is owed:

• Wage garnishment, bank account garnishment, or income withholding
• Tax refund interception
• Driver’s license suspension
• Occupational and recreational license suspension
• Property liens or seizures
• Passport revocation

When Does Past-Due Child Support Become a Crime?

Criminal charges for failure to comply with a child support order can be a misdemeanor or even a felony. These charges typically arise when there is evidence the non-custodial parent is willfully refusing to pay child support despite having the ability to do so.

The specifics of when past-due child support becomes a criminal matter vary by state. But, a court will consider factors like the amount of arrears, the how long payments have been missed, and any previous non-compliance with court orders.

For example, under Nevada law, non-payment of child support rises to a felony-level charge if the parent owes more than $10,000 in arrearage.

A conviction contempt of court for child support delinquency will go on your criminal record. This can have long-term consequences, affecting your ability to secure employment, housing, or loans.

If you are facing criminal charges for defaulting on child support obligations, it is important that you seek professional legal help. An attorney can explain the charges against you and navigate the legal process ahead. They can help mitigate consequences while finding a solution that fits your financial circumstances and the support needs of your child.

Child Support Arrears and Jail Time: State Law Examples

Penalties (including length of jail sentences) for non-payment of child support vary by state. Below, you’ll find summaries of child support non-payment penalties for five states.

Research your state’s child support laws for specifics. You can also talk to a family law attorney for more information.

1. Idaho

Contempt of court charges in Idaho carry a maximum fine of $5,000, up to five days in jail, or both. Further, the court can require parents found in contempt due to child care child delinquency to participate in mandatory work activities.

2. Michigan

In Michigan, non-payment of child support is classified as a felony charge. It carries up to four years in jail and a $2,000 fine. Parents arrested for non-payment of child support must post a cash bond of at least $500 or 25% of the arrears owed. If unable to make bond, they must remain in custody until arraignment.

3. Minnesota

In Minnesota, a non-custodial parent who “knowingly omits” and fails to meet child support obligations is guilty of a misdemeanor. This carries a sentence of up to 90 days in jail, a maximum fine of $1,000, or both.

The charge rises to a felony if the parent fails to meet child support obligations for more than 180 days or if they owe more than nine times their monthly obligations. This carries a sentence of up to two years in jail, a maximum fine of $5,000, or both.

4. North Carolina

Under North Carolina law, any parent who “willfully neglects or refuses to provide adequate support” to their child is guilty of a misdemeanor. Penalties include up to 45 days in jail, a fine that could be greater than $1,000, or both. Jail time and fine amounts depend on the misdemeanor class and previous offenses.

5. Texas

In Texas, parents who “intentionally and knowingly” fail to meet their child support obligations face a felony-level criminal charge. This carries up to two years in prison and a maximum fine of $10,000. 

Concerned About Unpaid Child Support? You Have Options

If you’re behind child support, you have options. Contact the child support agency in your jurisdiction for information on your child support obligations and how to set up a payment plan. If you cannot meet your obligation because of a reduction in your income, ask how to request a modification to your current child support order.

There may also be programs in your area that can help you manage your child support payments.

You can also talk to a child support attorney, which is especially crucial if you are facing misdemeanor or felony charges due to unpaid child support. An attorney can provide legal advice specific to your child support case and help you understand your rights and obligations. They can also help you seek a modification that aligns with your financial situation and your child’s needs. They can even represent you in family court.

Contact a child support attorney in your area to learn more.