Nevada Laws for "Nonsupport of a spouse, former spouse or child"
NRS 201.020
Explained by
Las Vegas Criminal Defense Attorneys
Failure to pay court ordered spousal or child support is a crime in Nevada. And not only does a nonsupport conviction carry prison and fines . . . a family court judge may take the conviction into account when determining child custody. However a skilled Nevada criminal defense attorney may be able to get the entire case dismissed and safeguard the defendant's parental rights.
This article summarizes the Nevada offense of nonpayment of court-ordered spousal or child support. Keep reading to learn about the law, potential punishments, and common defenses.
Definition
The legal definition of "nonsupport of a spouse, former spouse or child" in Las Vegas, Nevada, makes it a crime to knowingly fail to follow a court order to provide for the support of his/her:
- spouse or former spouse
- minor child
- adult child who's too sick, incompetent or disabled to support him/herself
In prosecuting a charge for nonpayment of spousal or child support in Las Vegas, the D.A. will try to prove the defendant guilty by showing either of the following:
- the defendant is voluntarily unemployed or underemployed without good cause, with the intention of avoiding paying, or without using reasonable diligence to secure sufficient employment
- the defendant is unable to pay because of excessive spending, indebtedness, or another legal obligation
Note that a D.A. may press charges for this crime in whatever county the defendant resides or wherever the spouse, ex-spouse or child owed the money resides. Also note that spouses and ex-spouses may testify against each other in court-no "marital privilege" applies in cases for nonpayment of support.
Nevada has various organizations devoted to ensuring children receive enough financial support such as the Nevada Department of Health and Human Service's Child Support Enforcement Program. For families living in and around Las Vegas, the Clark County, Nevada Family Court offers various self-help services.
Federal Crime of Nonsupport of a Child
Not paying child support can also be a federal crime under certain conditions. These include the parent and child residing in different states, and the nonsupport lasting for over a year or amounting to over $5,000. Read more about the
federal crime of nonsupport of a child
.
Defenses
The most common defense to a charge of failing to pay spousal or child support in Nevada is that the defendant was unable to make the payments at no fault of his/her own. Charges may be dropped if the defense attorney can demonstrate either of the following:
- the defendant diligently searched for a job but with no luck
- the defendant was too ill or incapacitated to work
- the defendant was incarcerated and with insufficient funds in the bank
Note that it is not a defense to NRS 201.020 to show that the defendant didn't know he/she wasn't making the payments. Merely the fact that the money wasn't paid is enough for the court to presume that the conduct was "knowing."
Penalties
The punishment for knowing failure to pay child or spousal support in Nevada depends on the amount of child support owed and the defendant's criminal history:
Penalties for a first violation:
If the defendant owes less than $10,000 in support, nonpayment is prosecuted as only a misdemeanor in Las Vegas. The sentence includes:
- up to six months in jail, and/or
- up to $1,000 in fines
But if the defendant owes $10,000 or more in support, nonpayment is prosecuted as a category C felony in Las Vegas. The sentence includes:
- 1 – 5 years in Nevada State Prison, and
- maybe up to $10,000 in fines
Penalties for a second or subsequent violation:
The punishment for a second or subsequent conviction of nonsupport of a spouse, ex-spouse or child turns on the amount of money owed. If it's less than $5,000, then it's a misdemeanor in Las Vegas carrying:
- up to six months in jail, and/or
- up to $1,000 in fines
But if the money owed is $5,000 or more, then it's punished as a category C felony in Las Vegas carrying:
- 1 – 5 years in Nevada State Prison, and
- maybe up to $10,000 in fines
Child custody consequences
Child custody matters are decided in family court, not criminal court. However a family court judge may take into consideration a parent's conviction for nonsupport under NRS 201.020 when determining the child's physical and legal custody.
Accused? There's help . . . .
If you've been arrested for failure to pay child or spousal support under NRS 201.020, contact Las Vegas criminal defense attorneys at 702-DEFENSE (333-3673) for a free consultation. Their goal is to keep you out of custody while safeguarding your parental rights. Often they reach a favorable resolution through negotiation, but if necessary they're ready to take your matter to trial.
