# Tenn. Code Ann. § 36-5-104: Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-104 ## Section - **Citation:** Tenn. Code Ann. § 36-5-104 - **Heading:** Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 36 / Chapter 5 / Section 36-5-104 ## Text (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. (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. (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. ties 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. ## Nearby sections - [Tenn. Code Ann. § 36-5-101 Child support order - Jurisdiction - Amount of support - Enforcement - Modification - Insurance - Scientific parentage tests](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-101.md) - [Tenn. Code Ann. § 36-5-102 Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-102.md) - [Tenn. Code Ann. § 36-5-103 Enforcement of decree for alimony and support](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-103.md) - [Tenn. Code Ann. § 36-5-104 Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-104.md) - [Tenn. 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Code Ann. § 36-5-111 Liability for clerk's fee](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-111.md) - [Tenn. Code Ann. § 36-5-112 Responsible teen parent pilot project](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-112.md) - [Tenn. Code Ann. § 36-5-113 Plans for payment of child support - Work requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-113.md) - [Tenn. Code Ann. § 36-5-114 Federally required state collection and disbursement unit for child and spousal support](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-104. Check the current official text before relying on it. Not legal advice.