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Contempt for Nonpayment of Support

Quick Facts

Nonpayment of support for 3 or more months is grounds for contempt.
Failure to seek work after order is grounds for contempt.
Obligor must prove inability to work full time; otherwise, presumed to be able.

Grounds for Contempt

If a person against whom an order or decree for support has been entered is in arrears in court-ordered child support or maintenance payments in an amount equal to or greater than three times the obligor's total monthly support and maintenance payments and is not in compliance with a written payment plan approved by the court, a child support magistrate, or the public authority, the person may be cited and punished by the court for contempt.

Failure to comply with a seek employment order entered is evidence of willful failure to pay support.

Court Options

If a court cites a person for contempt, and the obligor lives in a county that contracts with the commissioner of human services, the court may order the performance of community service work up to 32 hours per week for 6 weeks for each finding of contempt if the obligor:

is able to work full time;
works an average of less than 32 hours per week; and
has actual weekly gross income averaging less than 40 times the federal minimum hourly wage, or is voluntarily earning less than the obligor has the ability to earn, as determined by the court.

An obligor is presumed to be able to work full time. The obligor has the burden of proving inability to work full time.

A person ordered to do community service work may, during the 6-week period, apply to the court, a child support magistrate, or the public authority to be released from the community service work requirement if the person:

provides proof to the court, a child support magistrate, or the public authority that the person is gainfully employed and submits to an order for income withholding;
enters into a written payment plan regarding both current support and arrearages approved by the court, a child support magistrate, or the public authority; or
provides proof to the court, a child support magistrate, or the public authority that, subsequent to entry of the order, the person's circumstances have so changed that the person is no longer able to fulfill the terms of the community service order.

Continuing Obligations

The performance of community service work does not relieve a child support obligor of any unpaid accrued or accruing support obligation. Past due amounts must still be paid.