What happens if a person living in Minnesota, who is not a legal resident, has a child support order entered against him or her and does not pay the child support? May the Family Court hold that person in civil contempt and then order as a condition for staying out of jail, that the undocumented worker find a job? How could that be? In the United States, it is illegal for employers to hired undocumented aliens. Is the Court ordering the obligor to do something that is impossible?
The answer is yes in a sense. The Family Court, pursuant to our child support law, may order the obligor to find a job and/or take certain steps every week to find a job so as to stay out of a set jail term.
Recently, in a case before the Minnesota Court of Appeals, just this fact situation was presented to the Court. The Court held the State child support statute and Federal immigration law do not conflict in regards to a parent having to pay child support.
The Court held in a case entitled Zaldivar v Rodriguez, that an undocumented alien, could be held in contempt of Court for not paying child support. The Appellate Court said, that while it is illegal for U.S. employers to hire illegal aliens, it is not a criminal offense for an illegal alien to actually work
Seems confusing. It is confusing. Call us with questions: 952-440-2700.