Felony

[damonmelissa]

Can a child support felony be petioned for a lessor charge?

 

[army judge]

I'm not sure what you mean by petitioned.

The law is very clear in Indiana on this matter.

Take a look and get familiar with it.

I've given you the state website that describes the law, as well.

I suggest you speak to a local lawyer about this matter.

This is a serious charge with severe consequences to one's liberty and finances.

If you (or someone you know) is facing this charge, they need a real lawyer.

This forum will be of little value to you.

The Child Support Division will make every effort to exhaust all civil remedies available to us in order to enforce and collect the child support arrearage. If this is unsuccessful, criminal charges may be appropriate. Indiana Code 35-46-1-5 provides that a person who knowingly or intentionally fails to provide support to a dependent, commits Nonsupport of a Child, a class D felony. It is a Class C Felony if the amount of unpaid support due and owing for one or more children is at least $15,000.

A Class D Felony is punishable by 1/2 to 3 years imprisonment and/or a fine of $10,000. A Class C Felony is punishable by 2 to 8 years imprisonment and/or a fine of $10,000. It is a defense to the crime of Nonsupport of a Child that the person was unable to provide support.

The matter may also be referred to the United States Attorney for pursuit of federal criminal charges. Title 18, 228 of the United States Code makes the willful failure to pay a past due support obligation with respect to a child living in another state a federal crime. To be applied, the support obligation must exceed $5,000 or remain unpaid for more than one (1) year. The penalties under this statute are: 1) for the first offense, not more than 6 months imprisonment and/ or a fine of $5,000; and 2) for the second offense, not more than 2 years imprisonment and/or a fine of $250,000.

http://www.clarkprosecutor.org/html/child/child2b.htm

http://www.clarkprosecutor.org/html/child/childlaws.htm

http://www.co.monroe.in.us/prosecutor/Child_Support.html

http://www.vanderburghprosecutor.org/wps-html/ChildSupport/

http://www.shelbyprosecutor.com/support.htm

http://www.cffpp.org/publications/pdfs/crimstat.pdf