Minnesota § 609.375 - NONSUPPORT OF SPOUSE OR CHILD
Full text of Minnesota Minnesota Statutes § 609.375 — NONSUPPORT OF SPOUSE OR CHILD, with citation guidance and answers to common questions.
§ 609.375. NONSUPPORT OF SPOUSE OR CHILD
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 364 days 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.
Subd. 3.
[Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 1 s 34]
Subd. 4.
[Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 1 s 34]
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. 6.
[Repealed, 1997 c 203 art 6 s 93; 1997 c 245 art 1 s 34]
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.
History:
1963 c 753 art 1 s 609.375; 1971 c 23 s 44; 1971 c 507 s 1; 1976 c 2 s 151; 1981 c 31 s 19; 1993 c 340 s 54,55; 1994 c 630 art 11 s 17-20; 1995 c 257 art 3 s 15; 1997 c 245 art 1 s 31; 2001 c 158 s 7-11; 2004 c 228 art 1 s 72; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2014 c 242 s 1-3; 2023 c 52 art 6 s 16
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 609.375
What does Minnesota Statutes § 609.375 cover?
Section 609.375 ("NONSUPPORT OF SPOUSE OR CHILD") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 609.375?
A common citation format is "Minnesota Statutes § 609.375" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 609.375 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.