Full question:
I’m a 14 year old girl lives with my mother in Pennsylvania. My father, who is a wealthy businessman, is not providing any financial support to me even though there is a court order for my support. Does he commit any offense by his failure to support me? What would be his punishment for this?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania, your father has committed a summary offense for his willful failure to comply with the support order of a court. He may be sentenced to a maximum imprisonment of 90 days or a fine of $ 300. The willful failure of a person to comply with a support order of a court is covered in 23 Pa.C.S. § 4354 which reads:“(a) Offense defined. --
An individual who willfully fails to comply with a support order of a court of this Commonwealth when the individual has the financial ability to comply with the support order commits an offense.
(b) Application. --
This section applies to all support cases, whether civil or criminal and whether the defendant is married, unmarried, separated or divorced.
(c) Jurisdiction. --
Exclusive original jurisdiction of a proceeding under this section is vested in the courts of common pleas of this Commonwealth.
(d) Grading.
(1) Except as otherwise provided for in paragraph (2), an offense under this section shall constitute a summary offense.
(2) An offense shall be graded a misdemeanor of the third degree if the individual convicted of the offense established residence outside this Commonwealth with the intention of not complying with the support order and either of the following apply:
(i) the offense is a second or subsequent offense under this section; or
(ii) the individual owes support in an amount equal to or greater than 12 months of the monthly support obligation.
(e) Costs and expenses to be borne by individual. --
An individual convicted of an offense under this section who is apprehended outside this Commonwealth shall, in addition to any other sentence imposed, be sentenced to pay the costs and expenses of rendition.”
An individual who willfully fails to comply with a support order of a court of this Commonwealth when the individual has the financial ability to comply with the support order commits an offense.
(b) Application. --
This section applies to all support cases, whether civil or criminal and whether the defendant is married, unmarried, separated or divorced.
(c) Jurisdiction. --
Exclusive original jurisdiction of a proceeding under this section is vested in the courts of common pleas of this Commonwealth.
(d) Grading.
(1) Except as otherwise provided for in paragraph (2), an offense under this section shall constitute a summary offense.
(2) An offense shall be graded a misdemeanor of the third degree if the individual convicted of the offense established residence outside this Commonwealth with the intention of not complying with the support order and either of the following apply:
(i) the offense is a second or subsequent offense under this section; or
(ii) the individual owes support in an amount equal to or greater than 12 months of the monthly support obligation.
(e) Costs and expenses to be borne by individual. --
An individual convicted of an offense under this section who is apprehended outside this Commonwealth shall, in addition to any other sentence imposed, be sentenced to pay the costs and expenses of rendition.”
The term of sentence of imprisonment for summary offenses is covered in 18 Pa.C.S. § 1105 which reads:
“A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.”
The fine for a summary offense is covered in 18 Pa.C.S. § 1101 which reads:
“A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:
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(7) $ 300, when the conviction is of a summary offense for which no higher fine is established.”
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(7) $ 300, when the conviction is of a summary offense for which no higher fine is established.”
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.
