Tennessee Code Annotated
Tenn. Code Ann. § 36-5-104 (2026)
Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay
✓ current as of May 2026
- (a) 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.
- (b) 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.
- (c) In addition to the sanctions provided in subsection (a), if an individual fails to comply with the order or decree of support and maintenance for a minor child or children, then the court has the discretion to:
- (1) Require the obligor to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations for any prescribed period of time in lieu of or in addition to any of the penalties otherwise provided. An obligor sentenced to remove litter from the state highway system, public playgrounds, public parks, or other appropriate locations or to work in a recycling center must be allowed to do so at a time other than the obligor's regular hours of employment; and
- (2) Order the department of safety to issue the obligor a restricted driver license as the court deems appropriate.
- (d) 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).
Amended by 2023 Tenn. Acts, ch. 366, s 1, eff. 5/5/2023.
Acts 1961, ch. 201, § 1; 1978, ch. 882, § 1; T.C.A., § 36-835; Acts 2003 , ch. 189, § 1; 2007 , ch. 502, § 2.
Notes of Decisions
Cited in 33
cases (1 in the last 5 years), 1986–2024 · leading case: Lisa E. Burris v. James Morton Burris, 512 S.W.3d 239 (Tenn. Ct. App. 2016).
Lisa E. Burris v. James Morton Burris, 512 S.W.3d 239 (Tenn. Ct. App. 2016). “Therefore, the violation of Tenn. Code Ann. § 36-5-104 (a) is a criminal offense, in a proceeding in which the respondent upon a finding of guilty may be imprisoned for a definite period not exceeding six months.”
Tracy Rose Baker v. State of Tennessee, 417 S.W.3d 428 (Tenn. 2013). “See Tenn.Code Ann. § 36-5-104; Brown, 914 S.W.”
Ahern v. Ahern, 15 S.W.3d 73 (Tenn. 2000). “While Tenn.Code Ann. § 36-5-104 does provide for a penalty of up to six months in jail for failure to pay child support, that provision was neither relied upon by Pierotti nor cited by the trial court in its ruling.”
Herrera v. Herrera, 944 S.W.2d 379 (Tenn. Ct. App. 1996). “In this case, that is six months by operation of T.CA § 36-5-104. Even for Dr. Herrera to satisfy the minimum of 12 days confinement in order to petition the court for a suspension of the remainder of *394 the sentence violates T.”
Brown v. Latham, 914 S.W.2d 887 (Tenn. 1996). “On interlocutory appeals granted by the Court of Appeals, that court reversed and held that a person charged under Tenn. Code Ann. § 36-5-104 (a) is entitled to a jury trial.”
Robinson v. Gaines, 725 S.W.2d 692 (Tenn. Crim. App. 1986). “The maximum punishment for the violation of T.C.A. § 36-5-104 may not exceed 6 months.”
Smith v. Gore, 728 S.W.2d 738 (Tenn. 1987). “T.C.A. § 36-5-104. In addition, this State has adopted the Uniform Reciprocal Enforcement of Support Act, T.”
Bryan v. Leach, 85 S.W.3d 136 (Tenn. Ct. App. 2001). “§ 36-5-103 (court may require bond to secure payment, may sequester certain property, appoint a receiver over assets and income, place a lien on property of obligor); Tenn.”
Haynes v. Haynes, 904 S.W.2d 118 (Tenn. Ct. App. 1995). “Section 36-5-104 as follows: Failure to comply with child support order — Criminal sanctions.”
In re Throneberry, 754 S.W.2d 633 (Tenn. Crim. App. 1988). “T.C.A. § 36-5-104. The trial court sentenced the maximum punishable imprisonment on each of the two counts in the first proceeding, or a total of twenty (20) days.”
State of Tennessee v. Adrian Hill (Tenn. Crim. App. 2012). “§ 29-9-102 ], the General Assembly has provided a specific statute, Tenn. Code Ann. § 36-5-104 , to address obligors who fail to pay ordered child support.”
State of Tennessee v. Elijah Williams (Tenn. Crim. App. 2020). “On that same day, the juvenile court issued a petition for criminal contempt pursuant to Tennessee Code Annotated section 36-5-104. The petition alleged that the Defendant had failed and refused to pay child support as ordered and was in arrears in the amount of $1,783.”
— Tenn. Code Ann. § 36-5-104(a) — 13 cases
Brown v. Latham, 914 S.W.2d 887 (Tenn. 1996). “On interlocutory appeals granted by the Court of Appeals, that court reversed and held that a person charged under Tenn. Code Ann. § 36-5-104 (a) is entitled to a jury trial.”
Herrera v. Herrera, 944 S.W.2d 379 (Tenn. Ct. App. 1996). “In this case, that is six months by operation of T.CA § 36-5-104. Even for Dr. Herrera to satisfy the minimum of 12 days confinement in order to petition the court for a suspension of the remainder of *394 the sentence violates T.”
Ahern v. Ahern, 15 S.W.3d 73 (Tenn. 2000). “While Tenn.Code Ann. § 36-5-104 does provide for a penalty of up to six months in jail for failure to pay child support, that provision was neither relied upon by Pierotti nor cited by the trial court in its ruling.”
Tracy Rose Baker v. State of Tennessee, 417 S.W.3d 428 (Tenn. 2013). “See Tenn.Code Ann. § 36-5-104; Brown, 914 S.W.”
Lisa E. Burris v. James Morton Burris, 512 S.W.3d 239 (Tenn. Ct. App. 2016). “Therefore, the violation of Tenn. Code Ann. § 36-5-104 (a) is a criminal offense, in a proceeding in which the respondent upon a finding of guilty may be imprisoned for a definite period not exceeding six months.”
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