Did you know that not paying your child support is a crime? Criminal Non-Support is a felony.

That is why our agency exhausts all administrative and civil options to cooperatively bring about regular and consistent support payments for your family before we pursue charges of criminal non-support. In addition to demonstrating the ability but unwillingness to pay by the parent who owes child support, your case must also meet the following criteria:

• The order for support must be at least two (2) years old.
• It must be less than six (6) years since the last child was emancipated.
• There must be no payment or partial payment for twenty-six (26) out of one hundred and four (104) consecutive weeks. (6 months out of 2 years, the 6 months do NOT need to be consecutive).
• At least one (1) contempt finding in court, current CAPIAS, or, ability to demonstrate that agency’s efforts in attempting to locate the obligor for civil action have been unsuccessful.

Because the penalties associated with a Criminal Non-Support conviction can include probation, jail, or an extended period of incarceration, this tool is considered a last resort.