Criminal Non Support

From an email received -

Criminal Non-Support of Dependents Under State Laws

Child Support Enforcement


Criminal non-support state laws apply when both parents live in the same state and in some interstate cases.

In many states willful failure to pay child support can be a misdemeanor offense (less serious, like a parking ticket) or a felony offense (more serious, like robbery). Often the dollar amount of support not paid determines if the offense is a felony or a misdemeanor. To file criminal charges, non-support must be willful. An investigation should be done to determine whether or not the non-paying parent had the money and the ability to pay the obligation but chose not to pay or that the non-paying parent voluntarily and intentionally did not have the funds to pay child support.

Procedure:

File a police report or provide county attorney information about arrears due and income/assets of non-paying parent.
If adequate evidence is present and county attorney determines non-paying parent has violated state non-support laws, a warrant will be issued.
A warrant will be issued and the sheriff or local police should arrest the non-paying parent, paying parent on-paying parent can be released on bond ( ask for this to be forfeited to you for the support owed rather than to the paying parent or the non-paying parent maybe release on their own recognizance.
An arraignment will be held. At the hearing, the non-paying parent enters a plea.
paying parent. If the Plea is Guilty: non-paying parent is sentenced, this can be jail time, fines or both. You can ask for probation with to revoke a support payment reason enough to revoke probation or Work Release Program.
If the plea is Not Guilty: a trial date is set. It can be a jury trial or heard by a Judge. The County Attorney must prove willful the plea on-support
If the plea is no contest (not admitting guilt, but go ahead and punish me) the outcome should be the same as being found guilty.