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:
The following is a MO statute:
568.040. Criminal nonsupport, penalty, prosecuting attorneys to report
cases to division of child support enforcement. —
1. A person commits the crime of nonsupport if he knowingly fails to
provide, without good cause, adequate support for his spouse; a parent
commits the crime of nonsupport if such parent knowingly fails to provide,
without good cause, adequate support which such parent is legally obligated
to provide for his child or stepchild who is not otherwise emancipated by
operation of law.
2. For purposes of this section:
(1) "Child" means any biological or adoptive child, or any child
legitimated by legal process, or any child whose relationship to the
defendant has been determined, by a court of law in a proceeding for
dissolution or legal separation, to be that of child to parent;
(2) "Good cause" means any substantial reason why the defendant is unable
to provide adequate support. Good cause does not exist if the defendant
purposely maintains his inability to support;
(3) "Support" means food, clothing, lodging, and medical or surgical
attention;
(4) It shall not constitute a failure to provide medical and surgical
attention, if nonmedical remedial treatment recognized and permitted under
the laws of this state is provided.
3. The defendant shall have the burden of injecting the issues raised by
subdivisions (2) and (4) of subsection 2.
4. Criminal nonsupport is a class A misdemeanor, unless the person
obligated to pay child support commits the crime of nonsupport in each of
six individual months within any twelve-month period, or the total
arrearage is in excess of five thousand dollars, in either of which case it
is a class D felony.
5. Beginning January 1, 1991, every prosecuting attorney in any county
which has entered into a cooperative agreement with the division of child
support enforcement shall report to the division on a quarterly basis the
number of charges filed and the number of convictions obtained under this
section by the prosecuting attorney's office on all IV-D cases. The
division shall consolidate the reported information into a statewide report
by county and make the report available to the general public.
6. Persons accused of committing the offense of nonsupport of the child
shall be prosecuted:
(1) In any county in which the child resided during the period of time
for which the defendant is charged; or
(2) In any county in which the defendant resided during the period of
time for which the defendant is charged.
(L. 1977 S.B. 60, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253)
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.
