Full question:
My father died long ago and I live with my mother and younger brother, who turned 10 years, in Indiana. My mother is running her own business but she is not providing any support for my brother. She asks me to provide support to him, but I don't have much income to support. Does she commit any offense by failing to provide support? If so what will be the punishment?
- Category: Minors
- Subcategory: Support
- Date:
- State: Indiana
Answer:
Yes, your mother may have committed the offense of nonsupport of a child. Under Indiana law, if a person knowingly or intentionally fails to provide support to their dependent child, it is considered a Level 6 felony. The potential punishment includes imprisonment for six months to two and a half years, with an advisory sentence of one year. Additionally, a fine of up to ten thousand dollars may be imposed (Burns Ind. Code Ann. § 35-46-1-5; § 35-50-2-7).
However, there are defenses available, such as if the child abandoned the home without consent or if the parent was unable to provide support. It's important to consult with a legal professional for specific advice regarding your situation.
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.