Full question:
In 1995 I was charged with a felony non-support in excess of $5,000. But I only owed $4,000. They said that it was because I fail to pay 6 consecutive months in a 12 month period. My 6 months of non paying were not in a row. Was I wrongfully charged.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Missouri
Answer:
In Missouri, a person commits the crime of nonsupport if they knowingly fail to provide adequate support for a child or spouse without a good reason. According to Missouri law (Mo. Stat. § 568.040), nonsupport is a class A misdemeanor unless the person fails to pay support for six individual months within a twelve-month period or has arrears exceeding five thousand dollars. In either case, it becomes a class D felony.
In your situation, the charge was based on the total arrears exceeding five thousand dollars, which is why you were charged with a felony. However, the requirement of failing to pay for six consecutive months does not apply if those months are not in a row. Therefore, if your six months of non-payment were not consecutive, this may affect the interpretation of the charge against you.
For specific legal advice regarding your case, consider consulting with a legal professional.
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.