Full question:
What is the law or section under which my husband may be punished if he doesn't pay child support to our three kids? I am resident of New Jersey.
- Category: Minors
- Subcategory: Child Support
- Date:
- State: New Jersey
Answer:
If your husband doesn’t pay child support to your kids, then under N.J. Stat. § 2C:24-5 and N.J. Stat. § 2C:44-1 he may have to face imprisonment up to nine months. Your husband would be guilty of a crime of the fourth degree if he refuses to pay child support.N.J. Stat. § 2C:24-5says:
“Willful nonsupport
A person commits a crime of the fourth degree if he willfully fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent. In addition to the sentence authorized by the code, the court may proceed under section 2C:62-1.”
N.J. Stat. § 2C:44-1 says:
“f. Presumptive Sentences.
(1) Except for the crime of murder, unless the preponderance of aggravating or mitigating factors, as set forth in subsections a. and b., weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a sentence of imprisonment is warranted, it shall impose sentence as follows:
***
(e) To a term of nine months for a crime of the fourth degree.”
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.
