What is the punishment for child non-support in Delaware?

Full question:

My wife is pregnant but I don't think I'm ready to have kids now. So I told her that I don't wanna support this child financially or otherwise. What I wanna know is- what is the punishment for not providing child support in Delaware?

  • Category: Minors
  • Subcategory: Support
  • Date:
  • State: Delaware

Answer:

You need to support your child until the child turns the age of majority. If you refuse to provide child support then according to Delaware law, you will be guilty of class B misdemeanor for which you may be punished with confinement up to 6 months and/or fine up to 1,150 dollars.
 
11 Del. C. § 1113 says:
 
“Criminal nonsupport and aggravated criminal nonsupport
 
A person is guilty of criminal nonsupport when that person knowingly fails, refuses or neglects to provide the minimal requirements of food, clothing or shelter for that person's minor child. Criminal nonsupport is a class B misdemeanor. . . .” 
 
11 Del. C. § 4206 says:
 
“Sentence for misdemeanors
 
***
 
(b) The sentence for a class B misdemeanor may include up to 6 months incarceration at Level V and such fine up to $ 1,150, restitution or other conditions as the court deems appropriate.”

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.

FAQs

If you fail to pay child support in Delaware, you may face legal consequences, including being charged with criminal nonsupport. This is classified as a class B misdemeanor, which can result in up to six months in jail and/or a fine of up to $1,150 (11 Del. C. § 1113). Additionally, you may face civil penalties, such as wage garnishment or loss of certain licenses.