What is the punishment for child violating courts child support order in New Hampshire?
Full Question:
My ex-husband was ordered to pay 3000 dollars child support to our kids. He was paying initially, now he has completely stopped. He said he would give the money soon. But he hasn't gotten back to me with the child support payments for over 6 months now. Can I move to the court on this matter? I live in New Hampshire.
03/07/2017 |
Category: Minors ยป Child Support |
State: New Hampshire |
#33509
Answer:
RSA 639:4 says:
“Non-Support.
I. A person is guilty of non-support if such person knowingly fails to provide support which such person is legally obliged to provide and which such person can provide to a spouse, child or other dependent. The fine, if any, shall be paid or applied in whole or in part to the support of such spouse, child or other dependent as the court may direct.
II. In this section, non-support shall be:
(a) A class B felony if the arrearage of support has remained unpaid for a cumulative period of more than one year;
(b) A class B felony if the amount of the arrearage is more than $ 10,000;
(c) A class B felony if the obligor has been previously convicted of non-support under this section or if the obligor has been convicted of a similar criminal nonsupport offense in another state and the arrearage of support in this state has remained unpaid for a cumulative period of more than one year; or
(d) A class A misdemeanor in all other cases.”
RSA 651:2 provides punishment for the above-discussed offense:
“Sentences and Limitations.
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine.
II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed:
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(b) Seven years for a class B felony,
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IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on:
(a) Any individual may not exceed $ 4,000 for a felony, $ 2,000 for a class A misdemeanor, $ 1,200 for a class B misdemeanor, and $ 1,000 for a violation.”
I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine.
II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed:
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(b) Seven years for a class B felony,
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IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on:
(a) Any individual may not exceed $ 4,000 for a felony, $ 2,000 for a class A misdemeanor, $ 1,200 for a class B misdemeanor, and $ 1,000 for a violation.”