Legal Question in Family Law in Minnesota

What you are describing is contempt. Contempt actions are done to encourage people to pay their child support obligations. At the first hearing, the obligor either agrees that he/she is in contempt of a court order for failure to pay child support or the court will make the decision. If the obligor is in contempt, then he/she will be given purge conditions, which is what the obligor has to do to get out of contempt. There will likely be another hearing to determine whether the obligor has met the purge conditions and whether he/she is still in contempt. If the obligor is has not met the purge conditions, then the obligor might be incarcerated if the court has or does determine that incarceration will encourage the obligor to pay his/her child support obligation. This is not indefinite incarceration but usually up to 60 days. If the obligor is incarcerated the entire sentence, then he/she is purged of contempt.

Your finances are not taken into consideration for the contempt action.

The above is a very short explanation and there is much more to the contempt process so do not take the above as a full explanation. If your girlfriend has a contempt hearing, she will have an opportunity to request a court appointed attorney and that attorney can explain this more thoroughly. I suggest that your girlfriend find a job--any job--and that she start paying her child support. This will be best for her child(ren) and for her.

There may be criminal charges for non-support as well as contempt. Each requires an element of intent here it must be demonstrated that the person had the ability to pay support but filed to do so.