Failure To Pay Child Support Prosecutions
🔍 Legal Background: Failure to Pay Child Support
Child support is a court-ordered payment from a noncustodial parent to help cover children’s expenses.
Failure to pay can lead to:
Civil enforcement (wage garnishment, liens).
Criminal charges if nonpayment is willful and prolonged.
Criminal charges often include:
Contempt of court.
Criminal nonsupport (varies by state).
Sometimes felony charges if owed amount is large or repeated.
📚 Detailed Case Examples
1. People v. Wade (California, 2007)
Facts:
Wade failed to pay over $50,000 in court-ordered child support over several years.
Ignored wage garnishments and court orders.
Charged with felony criminal nonsupport under California Penal Code § 270.
Outcome:
Convicted and sentenced to 16 months in state prison.
Ordered to pay restitution.
Significance:
Shows that large arrears and willful refusal can trigger felony charges.
2. State v. Johnson (Ohio, 2014)
Facts:
Johnson willfully failed to pay child support for 18 months.
Child support enforcement agency referred for criminal prosecution.
Charged with a first-degree misdemeanor.
Outcome:
Pleaded guilty.
Sentenced to probation with mandatory payment plan.
Ordered to perform community service.
Significance:
Demonstrates misdemeanor prosecutions and alternative sentencing.
3. United States v. John Doe (Federal Case, 2016)
Facts:
John Doe was prosecuted federally for interstate failure to pay child support.
Violated federal law under 18 U.S.C. § 228.
Failed to pay support across state lines.
Outcome:
Convicted.
Sentenced to 12 months in federal prison.
Ordered to make full restitution.
Significance:
Highlights federal prosecution when failure involves interstate cases.
4. People v. Smith (New York, 2012)
Facts:
Smith ignored child support orders for 2 years.
Charged with criminal contempt of court.
Child’s mother requested prosecution after civil remedies failed.
Outcome:
Convicted of contempt.
Sentenced to 6 months jail and payment plan.
Significance:
Shows contempt charges as a common remedy.
5. State v. Martinez (Texas, 2018)
Facts:
Martinez had over $25,000 in arrears.
Was found guilty of felony criminal nonsupport.
Defense argued inability to pay, but court ruled willful failure.
Outcome:
Sentenced to 2 years probation.
Ordered to pay arrears with monthly compliance checks.
Significance:
Illustrates difference between inability vs. willful refusal to pay.
🔑 Summary Table
| Case | Jurisdiction | Charge | Outcome | Key Point |
|---|---|---|---|---|
| Wade | California | Felony nonsupport | 16 months prison | Large arrears, felony charges |
| Johnson | Ohio | Misdemeanor nonsupport | Probation, community service | Misdemeanor, alternative sentencing |
| John Doe | Federal | Federal nonsupport | 12 months prison | Interstate enforcement |
| Smith | New York | Criminal contempt | 6 months jail | Contempt as enforcement tool |
| Martinez | Texas | Felony nonsupport | Probation, payment plan | Willful failure vs. inability |
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