What is the punishment for child non-support in North Carolina?
Full Question:
I’m 16 years and live in NC. My widowed mother refuses to provide any support to me and my 11-year-old sister and abandoned us. Is it an offense and if so what will be the punishment for her?
03/09/2017 |
Category: Minors » Child Support |
State: North Carolina |
#33649
Answer:
N.C. Gen. Stat. § 14-322 reads:
“(a) For purposes of this Article:
(1) "Supporting spouse" means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent or from whom such other spouse is substantially in need of maintenance and support.
(2) "Dependent spouse" means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.
(b) Any supporting spouse who shall willfully abandon a dependent spouse without providing that spouse with adequate support shall be guilty of a Class 1 or 2 misdemeanor and upon conviction shall be punished according to subsection (f).
(c) Any supporting spouse who, while living with a dependent spouse, shall willfully neglect to provide adequate support for that dependent spouse shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f).
(d) Any parent who shall willfully neglect or refuse to provide adequate support for that parent's child, whether natural or adopted, and whether or not the parent abandons the child, shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f). Willful neglect or refusal to provide adequate support of a child shall constitute a continuing offense and shall not be barred by any statute of limitations until the youngest living child of the parent shall reach the age of 18 years.
(e) Upon conviction for an offense under this section, the court may make such order as will best provide for the support, as far as may be necessary, of the abandoned spouse or child, or both, from the property or labor of the defendant. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). For child support orders initially entered on or after January 1, 1994, the immediate income withholding provisions of G.S. 110-136.5(c1) shall apply.
(f) A first offense under this section is a Class 2 misdemeanor. A second or subsequent offense is a Class 1 misdemeanor.”
N.C. Gen. Stat. § 15A-1340.23 reads:
“***
(b) Fines. -- Any judgment that includes a sentence of imprisonment may also include a fine. Additionally, when the defendant is other than an individual, the judgment may consist of a fine only. If a community punishment is authorized, the judgment may consist of a fine only. Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($ 200.00) for a Class 3 misdemeanor and one thousand dollars ($ 1,000) for a Class 2 misdemeanor. The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.
(c) Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. -- Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below. Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart. Each grid on the chart contains the following components:
(1) A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; and "A" indicates that an active punishment is authorized; and
(2) A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.
MISDEMEANOR PRIOR CONVICTION LEVELS
OFFENSE LEVEL I LEVEL II LEVEL III
CLASS -------------------------------------------------------
No Prior One to Four Prior Five or More
Convictions Convictions Prior Convictions
A1 1-60 days C/I/A 1-75 days C/I/A 1-150 days
C/I/A
1 1-45 days C 1-45 days C/I/A 1-120 days
C/I/A
2 1-30 days C 1-45 days C/I 1-60 days C/I/A
3 1-10 days C 1-15 days C 1-20 days
C/I/A.
if one to three
prior convictions
1-15 days C/I if
four prior
convictions
(d) Fine Only for Certain Class 3 Misdemeanors. -- Unless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine.”
