State v. McKee (Kansas 2019)
A prior conviction of nonpayment of child support may not be used to prove the element of intent in a subsequent proceeding. The father was convicted of nonpayment of support in 2003. He was charged on a separate count in 2012. Before the trial began, the state filed a motion to admit the conviction into…
Read MoreState v. Savage (Kansas 2019)
Once a probation violation is proved, a court has discretion to impose the underlying sentence or modify the terms and conditions. Probation for a defendant convicted of criminal nonpayment of child support can be extended for as long as the child support restitution amount has not been fully paid. In 2000, the defendant pled guilty…
Read MoreState v. Graham (Kansas 2019)
A parent who pleads guilty to criminal nonsupport cannot appeal the conviction without first filing a motion to withdraw the plea. In 2008, the father was charged with two counts of criminal nonsupport of a child. The father entered into a deferred prosecution agreement. In exchange for pleading guilty, the court stayed acceptance of the…
Read MoreTollett v. State (Oklahoma 2016)
A parent who has been charged with Omitting to Provide for a Minor has the burden of proving the statute of limitations on the action has not tolled.
Read MoreState v. Erpelding (Nebraska 2015)
In a criminal non-support action, the intent to not pay child support does not depend on the Defendant’s ability to pay. The Defendant’s actions, words, and circumstances can all be evidence of an intentional failure to pay.
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