Mississippi treats back child support as a felony when the debt reaches a specific threshold
In Mississippi, owing back child support becomes a felony charge when you owe more than $5,000 in arrears. This is a criminal matter separate from the civil child support case itself. The $5,000 threshold applies to the total amount owed across all children, not per child. Once you cross that amount, the district attorney's office can file criminal charges against you for nonsupport of a child.
The criminal charge is called nonsupport of a child under Mississippi Code § 93-5-3. It is a felony, meaning conviction can result in prison time, fines, or both. This is different from contempt of court, which is what happens when you miss a single payment or violate a court order — contempt is usually handled in family court and can result in jail time but is not a criminal conviction.
The $5,000 threshold has been in place for years and does not change based on how many children you owe support for or how long the debt has accumulated. A single month of missed payments will not trigger it, but months or years of arrears will. The amount owed is calculated by the child support enforcement office or the court, and you will be notified if criminal charges are being considered.
Key Takeaways
- Back child support becomes a felony in Mississippi when the total debt reaches $5,000 or more across all children.
- The criminal charge is nonsupport of a child, filed by the district attorney, and is separate from your civil child support case.
- Conviction can result in prison time, fines, or both, and creates a criminal record.
- Falling behind on a single payment is typically a civil matter handled in family court, not a criminal one.
- The child support enforcement office will notify you if your case is being referred for criminal prosecution.
How the $5,000 threshold is calculated
The $5,000 is the total amount of child support you owe that has not been paid. This includes the monthly support obligation that you missed, plus any interest or penalties that have accrued. If you owe support for two children, the $5,000 is the combined total for both, not $5,000 per child.
The child support enforcement office or the court calculates this amount based on your payment history. If you have been making partial payments, only the unpaid portion counts toward the $5,000. For example, if your monthly obligation is $500 and you have paid $200 of it, $300 counts toward the threshold. Once the total unpaid amount reaches $5,000, the case becomes may be able to access for criminal referral.
You will not wake up to a felony charge without warning. The child support enforcement office typically sends notices when you fall behind, and they will inform you if your case is being referred to the district attorney for criminal prosecution. At that point, you have the opportunity to contact the office, the court, or an attorney to discuss your options.
What happens after criminal charges are filed
If the district attorney files a nonsupport charge, you will be arrested or summoned to appear in court. This is a criminal proceeding, not a family court matter. You will have the right to an attorney — if you cannot afford one, you can request a public defender. The burden is on the state to prove beyond a reasonable doubt that you willfully failed to pay child support.
The key word is willfully. If you lost your job, became disabled, or faced a genuine hardship that prevented you from paying, that is a defense. The court will look at whether you had the ability to pay and chose not to. If you had income and simply did not pay, that strengthens the state's case. If you had no income and made no effort to find work or report your situation to the court, that also strengthens the state's case.
Conviction for nonsupport of a child in Mississippi can result in up to one year in prison, a fine of up to $1,000, or both. Some judges may suspend the prison sentence if you agree to a payment plan or if you can show you are now able and willing to pay. A criminal conviction will appear on your record and can affect employment, housing, and other opportunities.
The difference between criminal charges and contempt of court
Contempt of court is what happens in family court when you violate a child support order. It is civil, not criminal, and does not result in a criminal record. A judge can hold you in jail for contempt until you purge the contempt — meaning you pay what you owe or show you cannot. Once you pay or the judge decides you have been punished enough, you are released.
A criminal nonsupport charge is different. It is filed by the district attorney in criminal court, and conviction results in a criminal record. You cannot purge a criminal conviction by paying the back support — you can only do that by being acquitted or having the charges dismissed. However, paying the back support can influence the judge's sentence if you are convicted, and it may help you negotiate a plea deal.
In practice, many cases move through both systems. You might be held in contempt in family court while the district attorney is also building a criminal case. Paying the back support may resolve the contempt issue but will not automatically stop the criminal prosecution.
What you can do if you owe back child support
If you owe back child support but have not yet been charged criminally, contact the Mississippi Department of Human Services, Division of Child Support Enforcement, or the court that issued your child support order. Explain your situation — whether you have lost income, face a disability, or have other circumstances that prevented you from paying.
You can request a modification of your child support order if your income has changed. If you earn less than you did when the order was set, the court can lower your monthly obligation. This does not erase the back support you owe, but it can prevent the debt from growing faster than you can pay it down. You will need to file a motion for modification with the court and provide proof of your current income.
You can also negotiate a payment plan with the child support enforcement office. If you cannot pay the full $5,000 at once, you may be able to arrange monthly payments toward the arrears while also paying your current monthly obligation. Some offices will agree to pause criminal referral if you are making good-faith payments on a plan.
If you have already been charged, contact a criminal defense attorney immediately. An attorney can review whether the state can prove willfulness, negotiate with the district attorney, or represent you in court. Public defender services are available if you cannot afford an attorney.
Frequently Asked Questions
Can I go to prison just for owing $5,000 in back child support?
Yes. Once you owe $5,000 or more, the district attorney can file criminal charges for nonsupport of a child. If convicted, you can be sentenced to up to one year in prison. However, the state must prove you willfully failed to pay — meaning you had the ability to pay and chose not to. If you had no income or faced genuine hardship, that is a defense.
What if I lost my job and could not pay child support?
Job loss is a legitimate reason to request a modification of your child support order. Contact the court or the child support enforcement office and ask to modify your obligation based on your reduced income. You should also explain the job loss to the district attorney if criminal charges have been filed — it may help your defense. However, you must show you made efforts to find new work or report your situation to the court.
Does paying back child support stop a criminal case?
Paying the back support will not automatically dismiss criminal charges, but it can help. It may influence the judge's sentence if you are convicted, and it can strengthen your negotiating position with the district attorney. You should still have an attorney represent you in the criminal case.
Is there a time limit on how long the state can charge me?
Mississippi has no statute of limitations for criminal nonsupport of a child. This means the state can file charges at any point, even years after the debt accumulated. However, the longer you wait, the more the debt grows, and the more likely criminal charges become.
Can I get the criminal conviction removed from my record?
Mississippi does not have a general expungement law for felony convictions. However, you may be able to have the conviction set aside if you can show it was obtained in violation of your rights, or in some cases if you have completed your sentence and met other conditions. An attorney can review your specific situation and advise whether this is possible.