If you fail to pay court-ordered spousal support (alimony) or child support in Nevada, you can be charged with a crime under § NRS 201.020. This offense is punishable by up to 6 months in jail for delinquencies less than $10,000, and up to 5 years in prison for delinquencies $10,000 or greater.
Courts can also order a
- driver’s license revocation,
- garnishment of wages, and
- additional fines.
Moreover, family court judges may consider a conviction when determining child custody. However, criminal charges should not be sustained if you were:
- not able to work or
- could not find work.
NRS 201.020 crime | Penalties |
First violation (if you owe less than $10,000); or Subsequent violation (if you owe less than $5,000) | Misdemeanor: Up to 6 months in jail and/or $1,000 |
First violation (if you owe $10,000 or more); or Subsequent violation (if you owe $5,000 or more) | Category C felony: 1 – 5 years in prison and up to $10,000 |
In this article, our Las Vegas criminal defense attorneys summarize the Nevada offense of non-payment 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 your:
- spouse or former spouse
- minor child
- adult child who is too sick, incompetent or disabled to support themself
In prosecuting a charge for non-payment of spousal or child support in Las Vegas, the D.A. will try to prove you guilty by showing either of the following:
- you are voluntarily unemployed or underemployed without good cause, with the intention of avoiding paying, or without using reasonable diligence to secure sufficient employment
- you are 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 you reside or wherever your 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 you were unable to make the payments at no fault of your own. Charges may be dropped if the defense attorney can demonstrate either of the following:
- you diligently searched for a job but with no luck
- you were too ill or incapacitated to work
- you were incarcerated and with insufficient funds in the bank
Note that it is not a defense to NRS 201.020 to show that you did not know you were not making the payments. Merely the fact that the money was not paid is enough for the court to presume that your 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 your criminal history:
Penalties for a first violation:
If you owe less than $10,000 in support, nonpayment is prosecuted as only a misdemeanor. The sentence includes:
- up to six months in jail, and/or
- up to $1,000 in fines
If you owe $10,000 or more in support, nonpayment is prosecuted as a category C felony. 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 depends on the amount of money owed If it is less than $5,000, then it is a misdemeanor carrying:
- up to six months in jail, and/or
- up to $1,000 in fines
If the money owed is $5,000 or more, then it is punished as a category C felony 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 a criminal court. However, a family court judge may take into consideration your conviction for nonsupport under NRS 201.020 when determining the child’s physical and legal custody.
Additional reading
For more in-depth information, refer to these scholarly articles:
- What Happens When the Amount of Child Support Due Is a Burden? Revisiting the Relationship between Child Support Orders and Child Support Payments – Social Service Review.
- A New Peonage: Pay, Work, or Go to Jail in Contemporary Child Support Enforcement and Beyond – Seattle University Law Review.
- Piling on Debt: The Intersections between Child Support Arrears and Legal Financial Obligations – UCLA Criminal Justice Law Review.
- Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines – University of Chicago Legal Forum.
- Fathers behind Bars: Rethinking Child Support Policy toward Low-Income Noncustodial Fathers and Their Families – Journal of Gender Race & Justice.