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Criminal Nonsupport and Child Support
On This Page
NCSL Resources
 Updated January 2013
Parents have a legal obligation to provide support for their children and failure to provide such support is considered a crime against the state, generally known as criminal nonsupport. Criminal nonsupport statutes exist, in some form, in all 50 states. The severity of the punishments range from misdemeanors with small fines and short jail sentences to felonies with high fines and lengthy prison terms. While the elements of the statutes vary from state to state, generally a state must prove that (1) the defendant acted knowingly or intentionally; and (2) the defendant failed to provide support. The chart below outlines the type of crime and the maximum penalties available for criminal nonsupport in all 50 states.
Criminal Nonsupport 50 State Table
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State
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Citation
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Classification
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Crime
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Maximum Penalty
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Alabama
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13A-13-4
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Nonsupport
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Class A Misdeameanor
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1 year, $2,000 fine
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Alaska
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11.51.120
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Criminal Nonsupport
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Class A Misdemeanor
Class C Felony ($20,000 arrearage, or 24+ months w/ no payment.
If the obligor has a previous conviction $5,000 arrearage, or 6+ months w/ no payment.)
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1 year, $5,000 fine, loss of recreational license;
5 years, loss of recreational license
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Arizona
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13-3611
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Failure to Support
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Class 1 Misdemeanor
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Up to $2,500 fine, 6 months in jail
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Arkansas
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5-26-401
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Nonsupport
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Class A Misdemeanor;
Class D Felony for attempting to leave state to avoid payment
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1 year, $1,000 fine;
6 years or $10,000 paid to spouse
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California
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Penal Code, §270
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Failure to Provide
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Misdemeanor
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1 year, $2,000
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Colorado
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14-6-101
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Nonsupport of Child
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Class 5 Felony
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1-2 years, $1,000 fine
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Connecticut
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53-304
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Nonsupport
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1 year
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Delaware
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11-5-1113
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Criminal Nonsupport;
Aggravated Criminal Nonsupport
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Class B Misdemeanor;
Class A Misdemeanor (4 months arrearage w/out multiple offenses);
Class G Felony ($10,000 arrearage, or 8+ months w/ no payment)
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6 months, $1,150;
1 year, $2,300;
2 years
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|
Florida
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775.082, 775.083
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Nonsupport of Dependants
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1st degree Misdemeanor;
3rd degree Felony (for 4th and subsequent convictions or the obligor owes more than 1 year of support equal or greater than $5,000)
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1st degree Misdemeanor: 1 year, $1,000 fine.3rd degree Felony:
5 years, $5,000 fine.
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Georgia
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19-10-1
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Abandonment of Dependent Child
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Misdemeanor;
Felony (if leaves state or 3rd offense)
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1 year, $1,000;
1-3 years
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Hawaii
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709-903
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Persistent Nonsupport
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Misdemeanor
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1 year
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Idaho
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18-401
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Desertion and Nonsupport of
Children or Wife
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Felony
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14 years, $500 fine
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Illinois
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750 ILCS 16/15
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Failure to Support
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1st offense: Class A Misdemeanor ($5,000+ arrearage, or 6+ months w/ no payment)
Multiple offenses: Class 4 Felony ($10,000+ arrearage, or 6+ months w/ no payment)
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Less than 1 year, $2,500 fine;
8 years and up to $25,000 fine
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Indiana
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35-46-1-5
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Nonsupport of a Child
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Class D Felony;
Class C Felony (if support owed is at least $15,000)
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Class D felony: 3 years, $10,000 fine; Class C felony: 8 years, $10,000 fine
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Iowa
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726.5
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Nonsupport
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Class D Felony
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5 years, $5,000 fine
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Kansas
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21-5606
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Nonsupport of a Child
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Level 10 Nonperson Felony
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7 months, $100,000 fine
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Kentucky
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530.050
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Nonsupport; Flagrant Nonsupport
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Class A Misdemeanor;
Class D Felony (flagrant nonsupport)
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1 year;
5 years
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Louisiana
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14:75
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Criminal Neglect of Family
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First offense: 6 months, $5,000 fine; Second and subsequent offense: 2 years, $25,000 fine
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Maine
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17-A, §552
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Nonsupport of Dependents
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Class E crime
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6 months, $1,000 fine
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Maryland
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Family Law, 10-203
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Nonsupport of a child
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Misdemeanor
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3 years, $100 fine
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Massachusetts
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273s1
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Abandonment and nonsupport
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Felony
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5 years, $5,000 fine
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Michigan
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750.165
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Refusal to support
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Felony
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4 years, $2,000
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Minnesota
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609.375
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Nonsupport of spouse or child
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Misdemeanor;
Gross Misdemeanor (over 90 days);
Felony (over 180 days)
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90 days, $700;
1 year, $3,000;
2 years, $5,000
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Mississippi
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97-5-3
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Desertion or Nonsupport
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Felony: 1st offense
2nd and subsequent offenses
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5 years, $500 fine; 5 years
(no less than 2 years), $10,000 fine
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Missouri
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568.040
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Criminal Nonsupport
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Class A Misdemeanor;
Class D Felony (no payment 6 mos out of 12, or arrearage of $5000+)
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1 year, $1,000;
5 years, $5,000
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Montana
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45-5-621
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Nonsupport
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Nonsupport;
Aggravated Nonsupport (if obligor leaves state or has prior conviction)
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6 months, $500 fine;
2 years, $5,000 for 6 mos nonsupport;
10 years, $50,000 for aggravated ns
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Nebraska
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28-706
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Criminal Nonsupport
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Class II Misdemeanor; Class IV Felony (if in violation of court order)
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6months, $1,000;
5years, $10,000
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Nevada
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201.020
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Nonsupport
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Misdemeanor; Class C felony(for repeat or excessive offenses)
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6 months, $1,000;
5 years, $10,000
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New Hampshire
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639:4
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Nonsupport
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Class A Misdemeanor;
Class B Felony (for 1 year or $10,000 of arrearage or repeat offense)
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1 year, $2,000;
7 years, $4,000
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New Jersey
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2C:24-5
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Willful Nonsupport
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Crime of the 4th degree
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18 months, $10,000
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New Mexico
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30-6-2
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Abandonment of Dependent
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4th Degree felony
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18 months, $5,000
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New York
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Penal Code, 260.05, 260.06
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1st degree Nonsupport,
2nd degree (repeat offense)
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Class A Misdemeanor;
Class E Felony
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1 year, $1,000;
4 years, $5,000
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North Carolina
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14-322
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Failure to support
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1st offense: Class 2 Misdemeanor;
subsequent offenses: Class 1 Misd.
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$1,000, 30 days;
Fine at discretion of judge, 45 days
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North Dakota
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14-07-15
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Abandonment or Nonsupport of child
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Class C Felony
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5 years, $5,000
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Ohio
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2919.21
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Nonsupport
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1st Degree Misdemeanor;
5th Degree Felony (nonsupport for 26 weeks out of 104);
4th Degree Felony (repeat offense)
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6 months, $1,000;
12 months, $,2500;
18 months, $5,000
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Oklahoma
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31-852
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Willful Nonsupport
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Misdemeanor; Felony (repeat offenses or leaving state)
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1 year, $1,000;
4 years, $5,000
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Oregon
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163.555
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Criminal Nonsupport
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Class C Felony
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5 years, $100,000
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Pennsylvania
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18.4731
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Willful Nonsupport
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3rd Degree Misdemeanor
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1 year, $500
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Rhode Island
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11-2-1, 11-2-1.1
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Willful Nonsupport
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Misdemeanor; Felony ($30,000 arrearage or 3 years)
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6 months;
5 years
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South Carolina
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20-7-90
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Nonsupport
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Misdemeanor
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1 year, $1,500
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South Dakota
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25-7-16
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Nonsupport
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Class 1 misdemeanor; Class 6 Felony (leaving state)
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1 year, $1,000;
2 years, $2,000
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Tennessee
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39-15-101
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Nonsupport,
Flagrant Nonsupport
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Class A Misdemeanor;
Class E Felony
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11 months, 29 days, $2,500;
6 years, $3,000
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Texas
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Penal Code, §25.05
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Criminal Nonsupport
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State Jail Felony
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2 years, $10,000
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Utah
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76-7-201
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Criminal Nonsupport
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Class A Misdemeanor; 3rd Degree Felony (prior conviction,
nonsupport 18 out of 24 months, $10,000 arrearage, or leave state)
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1 year, $2,500;
5 years, $5,000
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Vermont
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15-202
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Nonsupport
|
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2 years, $300
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Virginia
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20-61
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Nonsupport
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Misdemeanor
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1 year, $500, or $1,000 payable to spouse or child's guardian
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Washington
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26.20.035
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Family Nonsupport
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Gross Misdemeanor
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1 year, $5,000
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West Virginia
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61-5-29
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Failure to support
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Misdemeanor; Felony (for over $8000 or one year)
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1 year, $1,000;
3 years, $1,000
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Wisconsin
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948.22
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Failure to support
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Class A Misdemeanor;
Class I Felony (for over 120 days)
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9 months, $10,000;
2 years, $10,000
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Wyoming
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20-3-101
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Refusal to support
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Misdemeanor
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6 months, $750;
1 year, $1,000 (for previous conviction or failure to pay within 60 days)
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Source: WestLaw and NCSL Research, 2012
*PLEASE NOTE: The National Conference of State Legislatures is an organization serving state legislators and their staff. We cannot offer legal advice or assistance with individual cases, but we do try to answer questions on general topics.
About This NCSL Project
NCSL staff in D.C. and Denver can provide comprehensive, thorough, and timely information on critical child support policy issues. We provide services to legislators and staff working to improve state policies affecting children and their families.NCSL's online clearinghouse for state legislators includes resources on child support policy, financing, laws, research and promising practices. Technical assistance visits to states are available to any state legislature that would like training or assistance related to this topic.
The Denver-based child support project staff focuses on state policy, tracking legislation and providing research and policy analysis, consultation and technical assistance specifically geared to the legislative audience. Denver staff can be reached at (303) 364-7700 or cyf-info@ncsl.org.
NCSL staff in Washington, D.C. track and analyze federal legislation and policy and represent state legislatures on child support issues before Congress and the Administration. In D.C., Sheri Steisel and Emily Wengrovius can be reached at (202) 624-5400 or fedhumserv-info@ncsl.org.
The child support project and D.C. human services staff receive guidance and support from NCSL's Human Services and Welfare Standing Committee.
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