24/7 call for a free consultation 212-300-5196




When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

New York Penal Law 260.06: Non-support of a child in the first degree

A responsibility of a parent is to provide the necessary support of a child. When this support is not given in an intentional fashion, then it’s considered non-support in the first degree. The person who is charged with the crime could be the parent, a guardian or another person who is legally responsible for the well-being of the child. There are a few elements that are considered before charges are given. One is that the child must be 16 years of age or younger. The parent or guardian must refuse to provide support without a lawful or reasonable excuse.

Not paying child support that is ordered by a court is also considered non-support of a child. The legal age requirement is 18 when it comes to non-payment of child support. Prosecutors will often enforce charges in the first-degree for those who have had the same charge or similar issues within the prior five years compared to those who haven’t dealt with non-support in the past. This charge is considered a class E felony. Because the crime is a felony, the punishment can be a bit more severe than a misdemeanor. Punishment could include time spent in jail up to four years and fines to be paid that would be used for the support of the child. The support that is being withheld from the child could include monetary support, food, adequate shelter or water. If the child is not supported in any way and the parent or guardian is in the home, then this would constitute charges being filed regardless of how minor the issue would be in the home.

Examples Of Non-Support
An example would be that a father is behind on child support payments. The mother of the child asks that the father pay the amount that is owed so that the child is taken care of in the proper manner. The father claims to not have the money for the payment, and the mother contacts the proper authorities to have something done about not complying with the order. The father would then face charges of non-support because of not abiding by the order that was issued for the support of the child.

Another example would be when parents live in the same home with the child and don’t provide physical support needed for the child. The parents might make the child live in a home that doesn’t have food in the refrigerator or running water. Parents of a child who don’t provide clean clothing or provide a way for the child to get to school would also be charged with non-support.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Common Defenses
Many parents believe that not working or not having enough money would be a defense used for non-support. This is typically not an excuse that will hold up in court. A NYC criminal lawyer can examine the evidence that is presented about not supporting the child, possibly forcing the prosecution to prove that support has not been given. A common defense is that the child isn’t biologically the defendant’s and that there is no financial obligation. The defendant might not have known about the child to provide support in the first place. Those who are ordered to pay support might directly give money to the custodial parent instead of sending it to the state agency.

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.


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.

Schedule Your Consultation Now