“Failure to Pay Alimony or Child Support” – Nevada Law & Penalties – NRS § 201.020

Under NRS 201.020, it is a Nevada crime to knowingly fail to pay alimony or child support. A genuine inability to pay is a defense.

Penalties

• First offense with less than $10,000 in arrears:  Misdemeanor, carrying up to 6 months in jail and/or $1,000 in fines.
• Repeat offense with less than $5,000 in arrears:  Misdemeanor, carrying up to 6 months in jail and/or $1,000 in fines.
• First offense with $10,000 or more in arrears:  Category C felony, carrying 1 to 5 years in prison and a possible fine of up to $10,000.
• Repeat offense with $5,000 or more in arrears:  Category C felony, carrying 1 to 5 years in prison and a possible fine of up to $10,000.¹

Civil Enforcement Options

• Wage garnishment:  The legal ceiling can range from 50% to 65% of disposable earnings.
• Property and bank accounts:  Collection procedures can reach nonexempt assets.
• Contempt of court:  Disobeying a support order can lead to fines or jail.
• No bankruptcy:  Genuine alimony and child support debts are not erased by bankruptcy.²

Nevada’s nonsupport prosecution rules allow spouses to testify against each other and remove the confidential marital communications protection. A witness still retains the right against self-incrimination.³

At Las Vegas Defense Group – Criminal & DUI Attorneys, we fight to keep financial hardship from becoming a criminal conviction. We examine payment records, job search efforts, medical evidence, and the prosecution’s calculations to challenge the charges and push for a dismissal or the best available resolution.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding failure to pay alimony in Nevada law:

• 1. Elements of NRS 201.020
• 2. Penalties
• 3. Defenses
• 4. Federal Law
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 201.020

To convict you under NRS 201.020, prosecutors must prove beyond a reasonable doubt that you knowingly failed to provide court-ordered support for your:

• spouse or former spouse;
• minor child; or
• adult child who cannot support themselves upon reaching adulthood because of a disabling condition that arose before adulthood.

Nonpayment is prima facie evidence that the failure was knowing. In plain English, missed payments can support an inference that you knowingly failed to pay, but they do not conclusively establish guilt. Prosecutors still must prove their case beyond a reasonable doubt.

Under NRS 201.070, spouses may testify against each other in these criminal cases, including about relevant confidential communications. However, this exception does not eliminate a witness’s right against self-incrimination.⁴

2. Penalties

Nevada’s criminal penalties depend on your unpaid support, called arrears, and any qualifying prior offense:

NRS 201.020 Offense	Potential Criminal Sentence
First offense with less than $10,000 in arrears; or repeat offense with less than $5,000 in arrears	Misdemeanor: Up to 6 months in jail and/or $1,000 in fines.
First offense with $10,000 or more in arrears; or repeat offense with $5,000 or more in arrears	Category C felony: 1 to 5 years in prison and a possible fine of up to $10,000.

The statute counts arrears accumulated since support was first ordered. A qualifying offense from another jurisdiction can count toward the repeat-offense rule.

A criminal case does not erase the unpaid support still owed. The court may also order restitution.⁵

Can my driver’s license be suspended?

For unpaid child support, a driver’s license suspension is a separate enforcement process that does not require a criminal conviction. Under NRS 425.560, the monetary arrears threshold for a license suspension requires both:

• More than $1,000 in past-due child support; and
• delinquency of at least two months in child support payments or court-ordered arrears payments.

Failure to provide court-ordered medical insurance for a child is another trigger for potential license suspension.

The driver’s license suspension process includes notice and an opportunity to request a DMV hearing or resolve the matter. An approved repayment plan may help you avoid suspension.⁶

Will nonpayment affect custody?

A nonsupport conviction does not automatically change custody. Nevada courts decide custody based on the child’s best interests.⁷

Can I be held in contempt?

Disobeying a court order can lead to contempt proceedings. NRS 22.100 generally authorizes up to $500 in fines and/or 25 days in jail, and certain enforcement expenses may also be awarded.

However, 25 days is not a universal limit on civil contempt confinement. NRS 22.110 separately allows confinement to compel an act still within your power to perform. For example, a court must consider your ability to make a required payment before using confinement to force that payment.⁸

Can the court take my wages or property?

Spousal and child support enforcement can involve wage garnishment, bank-account garnishment, or collection against other nonexempt assets. A properly recorded judgment may create a real-estate lien.

For support garnishment, the usual earnings limits are 50% if you support another spouse or child and 60% if you do not. Those ceilings rise to 55% or 65% for support more than 12 weeks overdue. Disposable earnings means pay after legally required deductions.

A judgment for unpaid alimony may include costs and reasonable attorney’s fees. Interest depends on the governing law and judgment, so the applicable rate should be checked for your case.

Bankruptcy does not discharge genuine domestic support obligations.⁹

3. Defenses

NRS 201.051 recognizes inability to pay as an affirmative defense. This means you can present evidence showing that you could not provide the ordered support. Useful evidence may include:

• job applications and rejection notices showing a serious effort to find work;
• medical records documenting an illness or disability that prevented you from working;
• bank statements and financial records showing a lack of available funds; and
• incarceration records together with evidence that you lacked income or assets to pay.

Being unemployed or incarcerated does not automatically establish the defense. The court must consider your actual circumstances.

This defense generally does not apply if you voluntarily remained unemployed or underemployed without good cause or to avoid support, including failing to make reasonable efforts to find sufficient work. Excessive spending, debt, or another legal obligation generally will not excuse nonpayment unless it was outside your control.

Your attorney generally must file and serve written notice of this defense at least 20 days before trial, unless the court sets another deadline. The notice must identify the defense and proposed witnesses.¹⁰

What if the missed payments were a mistake?

Evidence of a payroll error, payment-processing problem, or payments incorrectly marked unpaid may help challenge the allegations. Saying you forgot is not a guaranteed defense, but the prosecution must still prove knowing nonpayment.

We review the support order, payment history, bank records, and employer withholding records to look for missing credits, inflated arrears, and evidence that undermines the prosecution’s case.¹¹

Should I ask to lower my payments?

If your finances change, promptly ask a family law attorney whether you can seek a modification. Losing your job does not automatically change the support order.

For alimony, NRS 125.150 generally allows modification of payments that had not accrued when the motion was filed upon a showing of changed circumstances. Filing a motion does not itself authorize you to stop paying.¹²

4. Federal Law

Under 18 U.S.C. § 228, child-support nonpayment can also lead to federal charges. The main categories are:

• Interstate nonpayment: Willfully failing to pay support for a child living in another state when the obligation has been unpaid for more than one year or exceeds $5,000.
• Travel to evade support: Traveling in interstate or foreign commerce with the intent to evade an obligation unpaid for more than one year or exceeding $5,000.
• More serious interstate nonpayment: Willfully failing to pay support for a child living in another state when the obligation has been unpaid for more than two years or exceeds $10,000.

In each category, the time and dollar thresholds are alternatives: prosecutors do not have to establish both.¹³

What are the federal penalties?

• First offense under § 228(a)(1): Up to 6 months of imprisonment and/or a fine.
• Repeat offense under § 228(a)(1), travel to evade support under § 228(a)(2), or the higher-threshold offense under § 228(a)(3): Up to 2 years of imprisonment and/or a fine.

The court must also order restitution equal to the unpaid support as it exists at sentencing.¹⁴

How can I fight federal charges?

For the nonpayment offenses, prosecutors must establish willfulness. Evidence of a genuine inability to pay or a payment error may help challenge that element. The travel offense separately requires intent to evade support.

A support order creates a rebuttable presumption of ability to pay for the interstate nonpayment offenses. Your lawyer can present financial evidence to challenge that presumption.¹⁵

How does federal law differ from Nevada law?

Federal criminal charges under § 228 require the interstate or foreign-commerce connection and applicable thresholds described above. Nevada’s misdemeanor law has no minimum dollar amount or one-year waiting period, but the state must prove knowing nonpayment, and an inability-to-pay defense may apply.

Federal prosecutions in Nevada are handled by the U.S. Attorney’s Office in federal district court. Nevada state prosecutions are generally handled by county district attorneys.¹⁶

Can I face both state and federal charges?

Both state and federal charges may be possible if the conduct violates both laws. Sentences are not automatically consecutive. Depending on the circumstances and sentencing orders, prison terms may run concurrently (at the same time) or consecutively (one after the other).¹⁷

Frequently Asked Questions

Can I go to jail for not paying alimony in Nevada?

Yes. Knowingly failing to pay court-ordered alimony can be a misdemeanor or felony under NRS 201.020. Separate contempt proceedings can also result in confinement when the legal requirements are met. A genuine inability to pay may provide a defense to the criminal charge.

We tell clients to gather financial records immediately. Showing why you could not pay gives us a stronger basis to fight the case than simply telling the judge that money was tight.

How much unpaid support makes it a felony?

The threshold is $10,000 for a first offense or $5,000 for a repeat offense. At those amounts, knowing nonpayment can be a category C felony carrying 1 to 5 years in prison and a possible fine of up to $10,000. Below those thresholds, misdemeanor charges remain possible.

We check the payment history against bank statements and withholding records. Missing credits or an incorrect balance can affect both the charge and the potential punishment.

Can I stop paying support if I lose my job?

Losing your job does not automatically suspend the order. You may be able to request lower payments, and genuine inability to pay may support a criminal defense. Voluntarily avoiding work or failing to make reasonable job-search efforts can undermine that defense.

We tell clients to keep job applications, rejection emails, benefit statements, and medical records. We also urge them to seek a modification promptly rather than let an unaffordable order keep generating missed payments.

Will paying the past-due amount get my charges dismissed?

Repayment does not automatically trigger dismissal of a criminal charge. It can help address the debt and may influence negotiations, but the prosecutor and court still must resolve the criminal case.

We use proof of repayment and a realistic plan for future payments when seeking a favorable resolution. Before paying a disputed balance, we also check that every previous payment has been credited.

Can unpaid alimony cost me my driver’s license?

Nevada’s license-suspension provisions discussed here apply to child-support enforcement, not automatically to alimony alone.

For monetary child-support arrears, the threshold generally requires more than $1,000 past due and at least two months of delinquency. Notice and procedures for challenging or resolving the issue apply.

We tell clients not to ignore a suspension notice. An approved repayment plan or a timely challenge to an incorrect balance may help protect their ability to drive and work.

Does bankruptcy erase unpaid alimony or child support?

No. Genuine alimony and child support are domestic support obligations that are not discharged in bankruptcy. (A property-division debt may raise different questions, so the nature of the obligation matters.)

We tell clients to coordinate their criminal defense with any family law or bankruptcy case. Filing bankruptcy should not be treated as permission to stop making support payments.

Can my former spouse testify against me?

Yes. Nevada’s criminal nonsupport law permits spousal testimony and removes the confidential marital communications protection in these prosecutions. However, it does not take away a witness’s right against self-incrimination.

We prepare to challenge inaccurate testimony with the court order, payment records, and relevant messages. A former spouse’s accusation is something we can test against the evidence.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• What Happens When the Amount of Child Support Due Is a Burden? Revisiting the Relationship between Child Support Orders and Child Support Payments – Social Service Review.
• A New Peonage: Pay, Work, or Go to Jail in Contemporary Child Support Enforcement and Beyond – Seattle University Law Review.
• Piling on Debt: The Intersections between Child Support Arrears and Legal Financial Obligations – UCLA Criminal Justice Law Review.
• Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines – University of Chicago Legal Forum.
• Fathers behind Bars: Rethinking Child Support Policy toward Low-Income Noncustodial Fathers and Their Families – Journal of Gender Race & Justice.

Note that Nevada has various organizations devoted to ensuring children receive enough financial support, such as the Nevada Child Support Enforcement Program. For families living in and around Las Vegas, the Clark County, Nevada Family Court offers various self-help services.

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Legal References