What is the punishment for child non-support in New York?
I insulted my dad’s gf. After that, my dad’s attitude towards me has changed completely. He refuses to pay my school fee, stopped buying me clothes, school supplies etc. I literally have to beg him for everything. How can I get my dad behind the bars for not giving child support to me? I am 15 years old and a resident of N.Y.03/09/2017 | Category: Minors | State: New York | #33643
You can file a complaint against your dad for not giving your reasonable support without any just reason. Your dad seems to be guilty of criminal non-support, which is a class A misdemeanor. Thus, your dad may face imprisonment up to one year and/or be fined up to 1000 dollars.
NY CLS Penal § 260.05 says:
“Non-support of a child in the second degree
A person is guilty of non-support of a child when <1>:
1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment <1>; or
2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment.
Non-support of a child in the second degree is a class A misdemeanor.”
NY CLS Penal § 70.15 says:
“1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.”
NY CLS Penal § 80.05 says:
“1. Class A misdemeanor. A sentence to pay a fine for a class A misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however, that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the commission of the crime.”