10:58 AM PT -- R. Kelly's attorney, Steven Greenberg, tells TMZ, "In 30 years of practicing criminal defense law, I have never seen anyone prosecuted for non-payment of child support. Maybe it happens, but I've never seen it done in Illinois."

10:25 AM PT -- Drea Kelly's management team tells TMZ, "We are aware that they are bringing criminal charges for non-payment of child support and we support any and all efforts that will make sure that his children are taken care of."

R. Kelly's freedom may be short-lived because we've learned prosecutors in Chicago are looking at charging him with the CRIME of failing to pay child support.

Sources connected to the case tell TMZ, the State's Attorney is investigating the over $160k he owes ex-wife Drea Kelly. We're told Drea has been in touch with prosecutors who are now looking to charge R. Kelly with the offense of failure to support. Any amount over $20k can be filed as a felony.

If he's charged, he can be immediately arrested and will land right back in jail.

As you know, the judge has ordered the singer to pay the $161,663 by March 6 or else he'll go back to jail. But, our sources say the State's Attorney does not want the singer out of custody and is now looking at accelerating things by filing a criminal case.

R. Kelly clearly had problems posting bond in the sex abuse case. He sat in jail for days until a friend posted the $100k.