What is the punishment for child non-support in Arkansas?
Full Question:
My son lost both his legs in an accident last year. The same year his father left him and me and moved to another house in Arkansas. He comes to visit us often, as his house is pretty close by. But he refuses to pay any child support to our son. How can I get child support from my husband?
03/09/2017 |
Category: Minors ยป Child Support |
State: Arkansas |
#33641
Answer:
For further information, you may have a look at the relevant statutory provisions:
A.C.A. § 5-26-401 says:
“(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:
(1) Spouse who is physically or mentally infirm or financially dependent;
(2) Legitimate child who is less than eighteen (18) years of age;
(3) Illegitimate child who is less than eighteen (18) years of age and whose parentage has been determined in a previous judicial proceeding; or
(4) Dependent child who is physically or mentally infirm.
(b) (1) Nonsupport is a Class A misdemeanor.
(2) However, nonsupport is a:
(A) Class D felony if the person:
(i) Leaves or remains outside the State of Arkansas for more than thirty (30) days while a current duty of support is unpaid. However, it is an affirmative defense to a charge under this subdivision (b)(2)(A)(i) that the defendant did not leave or remain outside the state with the purpose of avoiding the payment of support;
(ii) Has previously been convicted of nonsupport; or
(iii) Owes more than two thousand five hundred dollars ($2,500) in past-due child support, pursuant to a court order or by operation of law, and the amount represents at least four (4) months of past-due child support;
(B) Class C felony if the person owes more than ten thousand dollars ($10,000) but less than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law; or
(C) Class B felony if the person owes more than twenty-five thousand dollars ($25,000) in past-due child support, pursuant to a court order or by operation of law.
(c) The court may direct that a fine imposed upon conviction of nonsupport or a bond forfeited in connection with a prosecution for nonsupport be paid for the support and maintenance of the person entitled to support.
(d) A district court located in a county having a population in excess of two hundred thousand (200,000) inhabitants shall cause a warrant of arrest to be issued upon affidavit of a spouse or any person who is responsible for maintenance of a dependent child who states that nonsupport has taken place.
(e) Any person found guilty of nonsupport is also responsible for the court costs and administrative costs incurred by the court.
(f) The state may take judgment against any defendant convicted of nonsupport for any money expended by any state agency for the support and maintenance of the person with respect to whom the defendant had a duty to support.”
A.C.A. § 5-4-201 speaks on how much fine has to paid for child non-support (class A Misdemeanor):
“(b) A defendant convicted of a misdemeanor may be sentenced to pay a fine:
(1) Not exceeding two thousand five hundred dollars ($2,500) if the conviction is of a Class A misdemeanor;”
A.C.A. § 5-4-401 lays down the term of imprisonment in case of (Class A misdemeanor) child non-support:
“(b) A defendant convicted of a misdemeanor may be sentenced according to the following limitations:
(1) For a Class A misdemeanor, the sentence shall not exceed one (1) year;”
