Falling behind on child support payments is stressful and can have serious consequences in New York. Parents struggling with payments often wonder whether missed payments could land them in jail. While jail time is a possible penalty for not paying child support in New York, it usually only occurs in specific circumstances. For more information on the repercussions of failing to pay child support and to secure skilled legal representation, continue reading and speak with a skilled Rockland County criminal & municipal attorney today.
Yes, it is possible to face jail time as a consequence of not paying child support in New York. Failing to support your child is a criminal offense outlined under New York Penal Law § 260.05 and 260.06.
Under these statutes, if you are a parent, guardian, or other person obligated to make child support payments by a court order for a child less than 18 years old and you knowingly fail or refuse to provide the support without lawful excuse, you can be found guilty of non-support of a child in the second degree. A second offense within 5 years is considered non-support of a child in the first degree. Both of these offenses are punishable by a term of imprisonment.
It is important to keep in mind that being formally charged and sentenced to jail for failing to pay child support is rare. However, it is always a possibility.
The length of your sentence will vary depending on the specific circumstances of the situation. Non-support of a child in the second degree and non-support of a child in the first degree are considered a class A misdemeanor and a class E felony, respectively.
As a class A misdemeanor, non-support in the second degree can result in jail time of up to 1 year. First-degree non-support can be accompanied by a sentence of up to 4 years in prison.
It is important to note that jail time is not the court’s first line of defense, and it is rare that missed child support payments will actually result in imprisonment.
As established, jail time is not a common punishment or enforcement tactic for New York courts seeking to enforce child support. Instead, the Child Support program implements a variety of procedures to collect overdue payments. Some common actions include the following.
These are much more common ways that the state will attempt to enforce the child support order and collect overdue payments. However, depending on the specific circumstances of your situation, jail time is a viable penalty. For more information, contact an experienced attorney today.
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