What is the punishment for child non-support in Massachusetts?
Full Question:
I am single parent and my son is 12 years old. My wife died 11 years ago. At present, I am dating a girl who seems be a nice girl, but she doesn’t want me to keep my son with us after marriage. Can I stop child support and leave my child after my second marriage?
03/08/2017 |
Category: Minors » Child Support |
State: Massachusetts |
#33586
Answer:
ALM GL ch. 273, § 1 reads:
“Child and Spouse.
A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:
(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or
(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or
(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or
(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.”
ALM GL ch. 273, § 15A reads:
“(1) The penalty for violation of sections one and fifteen of this chapter shall be by fine or by imprisonment or by both fine and imprisonment as specified below.
(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them or who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and nine D, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.”
(2) A person who abandons his spouse or minor child without making reasonable provisions for the support of either or both of them or who is subject to an order or judgment for support pursuant to chapters one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, two hundred and seventy-three, or two hundred and nine D, or pursuant to similar laws of other states, who, wilfully and while having the financial ability or earning capacity to have complied, fails to comply with that order or judgment, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in jail or the house of correction for not more than two and one-half years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment.”
