Filing State Criminal Non-Support Charges

CRIMINAL CHILD SUPPORT
ENFORCEMENT

Criminal enforcement is an appropriate course of action when simpler ways, such as income- withholding fail. It is especially effective against self-employed non-paying parents and those who earn money under-the-table if you have been able to gather evidence that they truly have income. Criminal non-support charges can be filed in cases where both parents live in the same State and in interstate cases. However, the procedure differs based on the type of case:

1. Since criminal non-support must be willful. You will need to have proof of income or assets to show to the court.
2. Start by calling the County Prosecutor or District Attorney to find out if they need a police report or other documents from you to file charges. They might tell you that the case must be referred by the government child support agency―this is not true! Ask to speak to a supervisor. The elected law enforcement prosecutor is responsible to bring charges when child support laws are broken.
3. The County Prosecutor/District Attorney will review your case to determine if the State child support law was violated. If yes, they will either issue a warrant for the arrest of the non-paying parent or they will send the case to the grand jury to request an indictment.
4. Once a warrant is issued, the non-paying parent will be arrested by the Sheriff/Police.
5. Charges can be misdemeanor or felony―it varies from State to State (only the District of Columbia and Pennsylvania have no criminal non-support laws).
6. Call the Sheriff's Warrant Squad and give them updated information if they don't promptly pick up non-paying parent on the warrant. For example, say “John Smith, has an active warrant for criminal non-support, is at Joe's Bar at 5678 Main Street, right now.”
7. After the arrest, the non-paying parent is arraigned. He/she can plead: guilty, not guilty, or no contest.
8. If the non-paying parent pleads not guilty there will be a trial or plea bargain. If they plead guilty or no contest there will be a sentencing hearing in front of the judge.
9. A good outcome is that the non-paying parent is placed on probation and sent to jail if they miss payments or placed in a work-release program.
10. Monitor your case closely, and notify the probation officer if any payments are missed. If the probation officer fails to act, write a letter to the judge and notify him/her that the non-paying parent is in violation of their probation.