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May 6, 2017

New York Penal Law 260.05: Non-support of a child in the second degree

New York Penal Law 260.05 is in place regarding the laws surrounding child support. When a man and woman have a child, their job is to provide proper and adequate support to the child in question. The law states parents are legally responsible to support children they have, and there is no way around that law. While it’s typically reserved for those who don’t pay their child support as issued by a court of law, it’s also a problem in other situations. Non-support of a child in the second degree is a problem in many New York families, and that’s why the law was enacted to protect the children whose parents are not performing their legal duties.

Non-support of a child in the second degree is a Class A misdemeanor. This means it’s not one of the most major crimes a person can commit, but it’s worthy of a long as one year in prison if you choose to ignore you child support obligations. If jail time is not the punishment chosen for a parent, it might be as many as three years on probation as dictated by a court of law. The only people who can be accused of non-support of a child in the second degree are legal parents, guardians, and anyone else responsible for the support of the child in question in a legal aspect.

Examples of Non-Support in the Second Degree

Many examples of non-support in this manner are evident in New York, which is one of the reasons NYC criminal attorneys always have plenty of work. A good example of a person who is guilty of non-support in the second degree is a father who is ordered by the court to pay child support of a set amount each month. If the father decides he is no longer interested in paying support for his children, he stops paying. If the mother chooses to notify a court of law about his lack of payment, he can be imprisoned for up to one year or forced to spend three years on probation if he is unable to make his payments current or she chooses to go forth with pressing charges.

There are always some stipulations in play in a case like this, such as a father is laid off of his job and temporarily out of work. When this happen, he merely contacts the court and allows them to look into his situation to create a temporary solution to his issues. It’s when the father purposefully chooses to stop paying or renders himself unable to pay by quitting his job in favor no longer paying support that is a cause for concern.

Defenses

Any criminal attorney who has the means can prove you are unable to pay child support will do so. The best- and only – defense in a case like this is proof you are unable to pay child support, and that’s why you quit. If the opposing counsel can prove at all that you chose to put yourself in a situation where making payment is impossible or that you simply chose to keep your funds rather than sending them to your child, you will be prosecuted.

It’s best to stay ahead of a game like this one by notifying the court if you are experiencing financial issues that prevent you from paying your child support for any length of time. Taking this initiative is often the catalyst for the parent not supporting their child in a case like this one in New York courts of law.

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Queens

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Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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