Sometimes, it feels like you’re doing your best and you still can’t catch a break. Life’s responsibilities can have a way of overshadowing everything. When support obligations get added to the mix, keeping up with the bills can be difficult, if not impossible. Yet, no matter how tough or expensive it may be, nonpayment can come at a high price – your freedom. That’s right — criminal charges are entirely possible because Kentucky is one of several states that have enacted statutes that penalize individuals for failure to provide adequate support. Known as criminal nonsupport, this offense can be charged as either a misdemeanor or a felony, depending on a number of factors.
Don’t leave your defense up to chance. Protect yourself by talking to the experienced Lexington, KY nonsupport defense attorneys of the Carman Law Firm. We will examine the details of your case and use every available legal resource to build the strongest possible defense. Every situation has unique facts and circumstances affecting the outcome – not all nonsupport charges have to end in convictions. We provide each client with the same aggressive and thorough representation, all aimed to take advantage of opportunities for reduced bond, case dismissal, reduced charges, reduced sentences, and alternatives to imprisonment. Contact us today for a free initial consultation by calling 859-685-1055 or by filling out this online form.
Who must be supported in Kentucky?
The concept of support is commonly linked to parental responsibilities. While Chapter 530 of the Kentucky Revised Statutes does encompass court-ordered child support delinquencies, you may be surprised to learn that the laws also apply to a child age 18 years or older who has a “duty to provide support to a parent who is destitute of means of subsistence and unable because of old age, infirmity or illness to support himself or herself.” That same duty to provide support extends to any person who has “an indigent spouse, a minor child or children, or a child or children adjudged mentally disabled.”
What is nonsupport?
The legal definition of “nonsupport” in Kentucky makes it a crime to “persistently fail” to provide support which you can reasonably provide and which you know you have a duty to provide to a minor or to a child adjudged mentally disabled, an indigent spouse or an indigent parent. A person is also guilty of nonsupport if he or she is found to be delinquent for at least two months of meeting the obligation established by a court order to pay support.
What is flagrant nonsupport?
A more serious charge is “flagrant nonsupport.” This occurs when someone persistently fails to pay support, which he/she can reasonably provide and has a duty to provide, and the failure results in: a support arrearage of at least $1,000; six consecutive months elapsing without the payment of any support; or leaving the dependent in destitute circumstances.
What are the penalties?
The state says that people who repeatedly ignore orders to pay support obligations can face a conviction, a fine and even prison time. Nonsupport is a Class A misdemeanor punishable by up to a $500 fine and one year in jail. For a second offense, there is a minimum sentence of seven days in jail. For a third or subsequent offense, there is a minimum sentence of thirty days in jail. Flagrant nonsupport is a more serious offense and the penalties that can be imposed are those of a Class D felony – between one to five years in prison and a corresponding fine of $1,000 to $10,000. Additionally, bank accounts and tax refunds can be seized, wages can be garnished, and judgments can be entered in an effort to collect past due support.
Defending nonsupport charges
There are many defenses available against a charge of nonpayment of support, all of which turn on the specific facts of each case. Where there are court orders of support, it may be possible to prove improper service of the order, a mistake in calculations, or errors in receiving the funds. If you are unable to pay your support obligations, talk with an attorney about taking action to reduce an unreasonable support order to prevent future charges.
We can help
An advocate in your corner who will thoroughly review and investigate the factual and the legal issues in your case can make all the difference. From misdemeanors to felonies, the Lexington-based Carman Law Firm has the knowledge and experience necessary to obtain the best possible resolution of your criminal charges. KY flagrant nonsupport attorney Dan Carman provides aggressive representation with proven results to clients throughout the state in communities such as Richmond, Winchester, Georgetown and Nicholasville. A native of Lexington and a graduate of the University of Kentucky College of Law, Dan is dedicated to helping those in his community who may find themselves struggling with serious allegations. Not all criminal charges have to end in convictions. Contact him today and tell him your side of the story. Call (859) 838-1415 or fill out this online contact form.