Full question:
My sister’s husband refuses to look after his kids. My sister is looking for a job, until then she literally has no means to support her two kids. My brother in law is earning well and owns five hotels in Washington. Can we approach the court against my brother in law?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Washington
Answer:
Yes, your sister can approach the court for asking child support (necessary food, clothing, shelter, or medical attendance) from her husband. Your sister’s husband has failed to provide support to the kids in spite of him being financially capable of doing so. The court may punish your brother in law with imprisonment up to one year or /and fine up to 5000 dollars.Rev. Code Wash. (ARCW) § 26.20.035 states:
“Family nonsupport -- Penalty -- Exception.
(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:
(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or
(b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse or his or her domestic partner,
is guilty of the crime of family nonsupport.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.”
(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:
(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or
(b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse or his or her domestic partner,
is guilty of the crime of family nonsupport.
(2) A parent of a newborn who transfers the newborn to a qualified person at an appropriate location pursuant to RCW 13.34.360 is not subject to criminal liability under this section.
(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.”
Rev. Code Wash. (ARCW) § 9A.20.021 reads:
“Maximum sentences for crimes committed July 1, 1984, and after.
(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
***
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.”
(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:
***
(2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of up to three hundred sixty-four days, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine.”
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.
