Criminal Nonsupport Family Law Attorney Utah
What is Criminal Nonsupport? This is when your spouse knowingly fails to provide support to the spouse, child or children. Criminal nonsupport can range from a Class A Misdemeanor to a 3rd Degree Felony. Below is the text of the law;
(1) A person commits criminal nonsupport if, having a spouse, a child, or children under the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children when any one of them:
(a) is in needy circumstances; or
(b) would be in needy circumstances but for support received from a source other than the defendant or paid on the defendant's behalf.
(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
(3) Criminal nonsupport is a felony of the third degree if the actor:
(a) has been convicted one or more times of nonsupport, whether in this state, any other state, or any court of the United States;
(b) committed the offense while residing outside of Utah; or
(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000.
(4) For purposes of this section “child” includes a child born out of wedlock whose paternity has been admitted by the actor or has been established in a civil suit.
(5)(a) In a prosecution for criminal nonsupport under this section, it is an affirmative defense that the accused is unable to provide support. Voluntary unemployment or underemployment by the defendant does not give rise to that defense.
(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide support. The notice shall specifically identify the factual basis for the defense and the names and addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
(c) Not more than 10 days after receipt of the notice described in Subsection (5)(b), or at such other time as the court may direct, the prosecuting attorney shall file and serve the defendant with a notice containing the names and addresses of the witnesses who the state proposes to examine in order to contradict or rebut the defendant's claim.
(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the opposing party to a continuance to allow for preparation. If the court finds that a party's failure to comply is the result of bad faith, it may impose appropriate sanctions.
Utah Code Ann. § 76-7-201 (West)
If you feel that this might fit your situation you can give us a call to discuss your circumstances. You may also contact your local authorities. As you can see with this law there are laws out there that protect you and your family in Utah. It is a matter of knowing the law and how to use it properly. If your ex-spouse is behind on child support give us a call. We will advise you on how we can help you collect those back payments. The same applies to alimony that is back due. Give us a call for a free consultation today, (801) 475-0123.
Below are some cases that have interpreted this statute:
Failure to provide for wife and children is a continuing offense. Osborn v. Harris, 1949, 115 Utah 204, 203 P.2d 917.
The duty of the father to support his children, if he is able to do so, is imposed in this state by positive statute. It would be his duty in any event if there were no statute upon the subject. Rockwood v. Rockwood, 65 Utah 261, 236 P. 457, 460 (1925)
We understand that in this day in age that this crime can be committed by a father or mother. It does not matter if you are the mother or father under this statute. Give us a call for a free consultation today, (801) 475-0123
Arnold & Wadsworth Divorce Website
Google Search for Divorce Lawyers
