Haddonfield NJ Willful Nonsupport Lawyer
Maintaining child support can be a burden and no one would debate this fact. When someone engages in willful nonsupport, however, the law in New Jersey is intolerant. N.J.S.A 2C:26-1 makes it a crime to willfully fail to pay child support. If convicted, you may face up to eighteen (18) months in prison and $10,000.00. The fines alone may exceed your outstanding support payments. Acquiring competent and experienced legal counsel will protect your rights and help to adjust what may be suffocating support payments. Our law firm is comprised of highly knowledgeable and skilled criminal attorneys that are prepared to protect your rights. To speak to a lawyer on our staff, call our Cherry Hill firm at 856-662-8300 for a free consultation.
Basics of a Camden Willful Nonsupport Offense
The criminal charges, that accompany willful nonsupport, occur when the prospective recipient of the support files a complaint alleging that the defendant willfully failed to provide support which he can provide and which he knows he is legally obligated to provide. Upon this complaint, the court will enter an order of support pendente lite, which, if not complied with, can result in charges for contempt. If charges proceed to trial, the court cannot impose any future support requirements beyond what is already set forth in the current support arrangement until the defendant has been convicted. If convicted, the court may drop the criminal charges for willful nonsupport in lieu of a permanent order of support. In determining the number of future payments and whether or not to drop the criminal charges, the court will consider the financial or personal circumstances surrounding the defendant. If convicted and sentenced to a prison term in accordance with the fourth-degree crime of contempt, you may be qualified to serve “weekend” sentences between Friday 6:00 pm and Monday 8:00 am. These weekend prison terms will allow you to maintain employment during the week so that you do not fall behind again in support payments.
Penalties That May Be Imposed For Willful Nonsupport
As mentioned above, contempt is a crime of the fourth degree. This makes an indictable offense. If convicted, a defendant may face up to eighteen (18) months in prison and a $10,000.00. A crime of the fourth degree has a presumption of non-incarceration, though this presumption may be overcome by the State.
Cherry Hill Nonsupport Defense Attorneys
If you are fortunate enough to escape criminal charges on a first offense for willful nonsupport, a subsequent failure to maintain support payments will likely result in a prison sentence and fines. If you or a loved one have been charged with a first or subsequent offense, then you should avail yourselves of competent and experienced attorneys who can protect your rights.
