How Much Back Child Support is a Felony in Maryland?
As a parent, paying child support is a vital responsibility to ensure the well-being and financial stability of your child. In Maryland, failure to pay child support can have severe consequences, including criminal charges. In this article, we will explore the answer to the question: How much back child support is a felony in Maryland?
What is Child Support?
Before we dive into the specifics of back child support and its consequences, let’s define what child support is. Child support is a court-ordered payment made by one parent to the other parent for the purpose of supporting their child. The amount of child support is determined by the court based on the income and financial situation of both parents.
Back Child Support: What Happens When You Don’t Pay?
Back child support refers to the accumulation of unpaid child support payments over time. When a parent fails to make timely payments, the amount owed grows, and the consequences of non-payment can be severe. In Maryland, the Office of Child Support Enforcement (OCSE) tracks and enforces child support payments.
When is Back Child Support a Felony in Maryland?
In Maryland, back child support can become a felony if the amount owed reaches a certain threshold. According to Maryland law, back child support exceeding $15,000 becomes a felony. However, it’s essential to note that the amount owed is not the only factor considered when determining whether back child support is a felony.
Additional Factors Considered
The court considers several additional factors when determining whether back child support is a felony, including:
• Duration of non-payment: The longer the period of non-payment, the more likely it is that back child support will be considered a felony.
• Amount of arrearage: The amount of back child support owed, not just the amount exceeding $15,000, is taken into account.
• Intent to evade or avoid payment: If the non-paying parent intentionally attempts to evade or avoid payment, this can be considered a felony.
• Other factors: The court may consider other factors, such as the financial situation of the non-paying parent, the needs of the child, and the paying parent’s ability to pay.
Consequences of Felony Back Child Support in Maryland
If you are found guilty of felony back child support in Maryland, the consequences can be severe. Felony charges can result in a maximum sentence of 5 years in prison. Additionally, you may be ordered to pay:
• Fines: Fines can range from $1,000 to $5,000.
• Restitution: You may be ordered to pay back the amount of back child support owed, plus interest and penalties.
• Criminal fines: You may be required to pay criminal fines, which can range from $1,000 to $5,000.
Ways to Avoid Felony Back Child Support in Maryland
To avoid felony back child support in Maryland, it’s essential to take the following steps:
• Make timely payments: Pay child support on time, every time.
• Communicate with the other parent: Keep the other parent informed about your financial situation and any changes to your income or expenses.
• Seek help: If you’re struggling to make payments, seek assistance from a reputable non-profit organization or a financial advisor.
• File for a modification: If your financial situation changes, you may be able to modify your child support order.
Conclusion
Back child support can have severe consequences, including felony charges, if not addressed promptly. In Maryland, back child support exceeding $15,000 becomes a felony. However, the court considers additional factors, including duration of non-payment, amount of arrearage, intent to evade or avoid payment, and other factors. To avoid felony back child support, make timely payments, communicate with the other parent, seek help, and file for a modification if necessary.
Table: Consequences of Felony Back Child Support in Maryland
| Consequence | Maximum Sentence | Fine | Restitution |
|---|---|---|---|
| Prison | 5 years | $1,000 to $5,000 | Back child support owed + interest + penalties |
| Fines | – | $1,000 to $5,000 | – |
| Criminal fines | – | $1,000 to $5,000 | – |
Bullets List: Ways to Avoid Felony Back Child Support in Maryland
• Make timely payments
• Communicate with the other parent
• Seek help
• File for a modification
