Full question:
For now, I live with my cousin in Oregon because my parents are not providing any support at least for my basic needs. Am I eligible for my parent’s support since I’m a 15-year-old girl? What will be the punishment for my parents who were not supporting me?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Oregon
Answer:
Yes, you are still eligible for support from your parents since you are a child under 18 years of age. Your parents have committed the crime of criminal nonsupport because, in Oregon, if a parent lawfully charged with the support of a child under 18 years of age, knowingly fails to provide support for such child, he has committed the crime of criminal nonsupport. Criminal nonsupport is a Class C felony. Your parents may get the maximum term of an indeterminate sentence of 5 years imprisonment for a Class C felony. The fine for a Class C felony in Oregon is a sentence to pay an amount, fixed by the court, not exceeding $ 125,000. It is covered in ORS § 163.555 which reads:“(1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.
(2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage or that the child is being supported by another person or agency.
(3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.
(4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant's failure to file the notice within the required time.
(5) Criminal nonsupport is a Class C felony.”
(2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage or that the child is being supported by another person or agency.
(3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.
(4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant's failure to file the notice within the required time.
(5) Criminal nonsupport is a Class C felony.”
The maximum prison terms for felonies are covered under ORS § 161.605 which reads:
“The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:
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(3) For a Class C felony, 5 years.”
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(3) For a Class C felony, 5 years.”
The fines for felonies are covered in ORS § 161.625 which reads:
“(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:
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(d) $ 125,000 for a Class C felony.”
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(d) $ 125,000 for a Class C felony.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
