Tennessee § 36-5-104 - Failure to comply with child support order — Criminal sanctions — Inference of obligor's ability to pay.

§ 36-5-104. Failure to comply with child support order — Criminal sanctions — Inference of obligor's ability to pay.

Any person, ordered to provide support and maintenance for a minor child or children, who fails to comply with the order or decree, may, in the discretion of the court, be punished by imprisonment in the county workhouse or county jail for a period not to exceed six (6) months. No arrest warrant shall issue for the violation of any court order of support if such violation occurred during a period of time in which the obligor was incarcerated in any penal institution and was otherwise unable to comply with the order. In addition to the sanction provided in subsection (a), the court shall have the discretion to require an individual who fails to comply with the order or decree of support and maintenance to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period or to work in a recycling center or other appropriate location for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided; provided, however, that any person sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center shall be allowed to do so at a time other than such person's regular hours of employment. In any proceeding to enforce child support, the court may apply an inference that the obligor had the ability to pay the ordered child support as set forth in § 36-5-101(a)(8). Acts 1961, ch. 201, § 1; 1978, ch. 882, § 1; T.C.A., § 36-835; Acts 2003, ch. 189, § 1; 2007, ch. 502, § 2. Cross-References. Assignment of income by a court for child support, § 50-2-105 . Nonsupport and flagrant nonsupport, § 39-15-101 . Support of child over 18 in high school, § 34-1-102 . Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 377. Law Reviews. Criminal Contempt, Jury Trial, Private Prosecutors & Child Support, (Clarke Lee Shaw), 34 No. 4 Tenn. B.J. 22 (1998). Criminal Procedure — Young v. United States ex rel. Vuitton et Fils S.A.: The Right to a Disinterested Prosecutor in a Federal Criminal Contempt Proceeding Arising from the Underlying Civil Litigation, 18 Mem. St. U.L. Rev. 143 (1987). Attorney General Opinions. Transfer upon demand for jury trial in criminal contempt proceeding, OAG 98-048, 1998 Tenn. AG LEXIS 48 (2/23/98). Public defenders' representation of indigents in child support and contempt proceedings, OAG 98-092, 1998 Tenn. AG LEXIS 92 (4/15/98).