New Jersey Section 2C:24-5 – Willful nonsupport
New Jersey’s willful nonsupport law, Section 2C:24-5, makes it a crime for a person to intentionally fail to provide financial support that they are legally required to provide to a dependent spouse, child, or other family member. This law carries penalties of up to 18 months in prison and $10,000 in fines.
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What does the law say?
The text of Section 2C:24-5 states: “A person commits a crime of the fourth degree if he willfully fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent.”
To be convicted under this statute, prosecutors must prove the following elements beyond a reasonable doubt:
- The defendant had a legal duty to provide financial support to a spouse, child, or other dependent family member
- The defendant had the ability to provide the required financial support
- The defendant intentionally failed to provide the required financial support
What constitutes “support”?
The term “support” refers to the basic necessities of life, including food, clothing, shelter, medical care, and other basic needs. Child support obligations typically include costs related to education as well.
What are the penalties?
Willful nonsupport is a crime of the fourth degree in New Jersey. Fourth degree crimes carry the following penalties:
- Up to 18 months in prison
- Up to $10,000 in fines
- Probation up to 5 years
In addition to criminal penalties, defendants may face civil contempt proceedings and additional child support judgments if the failure to pay was related to child support obligations. Driver’s license suspension is another common penalty in child support cases.
How is willful nonsupport proven?
Prosecutors bear the burden of proving each element of the offense beyond a reasonable doubt. Key evidence often includes:
- Court orders or divorce decrees establishing a support obligation
- Financial records showing income and ability to pay
- Records of nonpayment or arrears
- Testimony from the spouse, child, or dependent regarding non-receipt of required support
Defenses to willful nonsupport charges
There are several possible defenses to willful nonsupport charges, including:
- No ability to pay – If the defendant did not actually have the financial ability to pay the support, there is no crime. Inability to pay is an affirmative defense that must be raised by the defendant and supported with evidence of financial hardship.
- No knowledge of duty to pay – If the defendant was unaware of a court-ordered support obligation, the “knowing” element is not satisfied. This may apply in cases where support orders were entered without proper notice to the defendant.
- Support paid outside court order – If support was provided through other means, such as direct payments, providing housing, groceries, etc., there may not be willful nonsupport even if court-ordered payments were not made.
- Pending legal challenge – Failure to pay support while challenging a support order through proper legal channels is typically not considered willful nonsupport.
- False allegations – Allegations that are fabricated or exaggerated can be challenged by presenting contrary evidence in court.
Defendants should raise any potential defenses with their criminal defense attorney. Self-representation is not recommended in willful nonsupport cases.
How can people avoid willful nonsupport charges?
The best way to avoid willful nonsupport charges is to make sure all court-ordered support obligations are paid timely and in full every month. Even those facing financial hardship can avoid charges by being proactive:
- Seek legal modifications of the support order if income decreases substantially
- Communicate openly with the spouse/child about any difficulties making payments
- Avoid accumulating arrears whenever possible
- Make partial payments if unable to pay the full amount due
- Notify the court and seek assistance if unemployed or disabled
Seeking a modification of the support order is better than unilaterally stopping payments altogether. The court may be willing to reduce payments if the financial hardship is legitimate, but the obligation does not disappear unless the order is modified.