Full question:
I'm 12 years and physically disabled. I live in my parents' house in Tennessee, but they are not providing any financial support for my needs. They were not even willing to give medical assistance while I was bedridden last week.
- Category: Minors
- Subcategory: Support
- Date:
- State: Tennessee
Answer:
Your parents have committed the crime of nonsupport since they failed to provide you the lawful support which is a Class A misdemeanor. In Tennessee, if a parent, who have a duty to provide support to a minor child who is unable to be self-supporting because of a physical disability, fails to provide child support, the parent is guilty of a Class A misdemeanor which may be punishable up to eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both. In the instant case, the punishment for your parents may be needed to serve up to 11 months, 29 days in prison or required to pay a fine up to $2,500 or both. The statute regarding nonsupport and flagrant nonsupport is covered under Tenn. Code Ann. § 39-15-101 which reads:“(a) A person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.
(b) "Child" includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.
(c) "Support" includes, but is not limited to, financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care.
(d) A person commits the offense of flagrant nonsupport who:
(1) Leaves or remains without the state to avoid a legal duty of support; or
(2) Having been convicted one (1) or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.
(e) (1) Nonsupport under subsection (a) is a Class A misdemeanor.
(2) Flagrant nonsupport under subsection (d) is a Class E felony.”
Tenn. Code Ann. § 40-35-111 reads:
“***
(e) The authorized terms of imprisonment and fines for misdemeanors are:
(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute . . . .”
(e) The authorized terms of imprisonment and fines for misdemeanors are:
(1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute . . . .”
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.
