How Much Back Child Support is a Felony in Alabama?
When it comes to child support, Alabama takes the matter very seriously. In fact, the state has implemented strict laws to ensure that parents who are obligated to provide financial support to their children do so. One such law is the criminal penalty for non-payment of child support. But how much back child support is considered a felony in Alabama? In this article, we will delve into the specifics of Alabama’s laws and provide a comprehensive answer to this question.
Criminal Penalty for Non-Payment of Child Support in Alabama
In Alabama, non-payment of child support can result in criminal charges, including felony charges. The amount of back child support required to trigger a felony charge varies depending on the circumstances. Under Alabama Code Section 12-15-333, a parent who is at least 30 days in arrears on child support payments can be charged with a misdemeanor. However, if the amount owed is $2,500 or more, the parent can be charged with a felony.
Felonies and Misdemeanors in Alabama
Before we dive into the specifics of child support felonies, it’s essential to understand the difference between felonies and misdemeanors in Alabama. A felony is a more serious crime that can result in a prison sentence of one year or more. Misdemeanors, on the other hand, are less serious crimes that typically carry a maximum sentence of one year or less.
Felony Child Support Charges in Alabama
So, what are the specific felony child support charges in Alabama? According to Alabama Code Section 12-15-333, a parent who is at least 30 days in arrears on child support payments and owes $2,500 or more can be charged with a Class C felony. This type of felony is punishable by 1-10 years in prison.
Consequences of Felony Child Support Charges in Alabama
If a parent is charged with a felony for non-payment of child support, the consequences can be severe. A felony conviction can result in imprisonment, fines, and damage to one’s reputation and employment opportunities. In addition, a felony conviction can also impact a person’s ability to travel and vote.
How Child Support Felonies are Prosecuted in Alabama
So, how are child support felonies prosecuted in Alabama? The state takes a two-pronged approach to prosecuting these cases. First, the state must prove that the parent is at least 30 days in arrears on child support payments. Second, the state must prove that the amount owed is $2,500 or more.
Defenses to Child Support Felonies in Alabama
While the consequences of a felony child support conviction can be severe, there are some defenses that may be available to parents who are charged with this offense. Some common defenses include:
- Lack of financial resources: If a parent is unable to pay child support due to financial constraints, this may be a viable defense.
- Inability to pay due to unemployment or underemployment: If a parent is unemployed or underemployed, this may be a defense to the charge.
- Receipt of child support payments: If a parent has made payments towards their child support obligation, this may reduce the amount owed and potentially avoid a felony conviction.
Conclusion
In conclusion, the amount of back child support required to trigger a felony charge in Alabama is $2,500 or more. Parents who are at least 30 days in arrears on child support payments and owe this amount can be charged with a Class C felony. While the consequences of a felony conviction can be severe, there are some defenses that may be available to parents who are charged with this offense. It is essential for parents to understand their child support obligations and take steps to comply with them to avoid criminal penalties.
Table: Felony Child Support Charges in Alabama
| Amount Owed | Felony Charge |
|---|---|
| $2,500 or more | Class C felony |
Bullets: Defenses to Child Support Felonies in Alabama
• Lack of financial resources
• Inability to pay due to unemployment or underemployment
• Receipt of child support payments
