Back child support obligations are a serious legal matter in Washington state. When a non-custodial parent falls behind on payment of child support, they accrue child support arrears, which can lead to various enforcement actions. These enforcement actions can range from wage garnishment and license suspensions to more severe consequences like jail time for delinquent child support. This situation creates stress for both the custodial parent seeking payment of child support and the obligated parent facing potential legal consequences for unpaid child support.
Torrone’s Takeaways
- Substantial child support arrears can lead to felony charges.
- Willful non-payment, not just inability to pay, is a key factor.
- Washington’s child support laws differ from other states.
- Various enforcement actions precede felony charges.
- You have the right to legal counsel if facing charges.
- Payment plans and modifications can help avoid jail time.
- Accurate record-keeping is vital for your defense.
- Seeking legal advice early can prevent escalation.
- Felony convictions carry serious consequences.
Table of Contents
Washington’s Felony Child Support Threshold
The reality of felony child support in Washington state can be startling for many non-custodial parents and custodial parents alike. While most people associate child support issues with civil actions like wage garnishment or license suspensions, certain circumstances can elevate unpaid child support to a felony offense. It presents severe consequences for the obligated parent, impacting their freedom and future.
How Much Debt Triggers Felony Charges?
In Washington State, there isn’t a specific threshold of child support arrears that automatically leads to felony charges. The applicable statute dictates the precise figures. This amount considers the total child support debts owed and is not tied to a specific number of missed monthly payments or periodic payment.
Even if payments were made sporadically, the accumulated child support arrears could still become a felony. It’s essential to consult with child support attorneys or family law attorneys to determine the current applicable statute and how it applies to individual child support matters.
Misconceptions About Felony Back Child Support in WA
Many common misconceptions surround felony child support in Washington. One frequent misunderstanding is that jail time for delinquent child support only happens in extreme cases. While it’s true that not all child support issues result in felony charges, the possibility is very real when child support debts reach a certain point.
Another misconception is that demonstrating financial hardship automatically exempts a non-custodial parent from felony charges. While Financial situations are taken into account, willful nonsupport of a child or delinquent parent who is not making an effort to pay may still face legal consequences, including criminal charges.
What Factors Push Child Support into Felony Territory?
While the amount of child support arrears is a significant factor, it’s not the sole determinant of whether a non-custodial parent faces felony charges. Washington courts consider various factors, including the obligated parent’s actions and circumstances.
Willful Non-Payment vs. Inability to Pay
A key distinction lies between willful non-payment of child support and genuine inability to pay. Willful non-payment implies a conscious decision by the obligated parent to avoid their child support obligations. It may involve intentionally hiding income, spending money on non-essential items while neglecting child support payments, or simply refusing to make any effort to fulfill their financial responsibilities towards their child.
In contrast, inability to pay refers to situations where the obligated parent genuinely lacks the financial means to meet their child support obligations. This might arise from job loss, unexpected medical expenses, or other unforeseen circumstances that significantly impact their income and ability to pay.
The Role of Intent in Felony Child Support Cases
The intent of the obligated parent plays a critical role in determining whether felony charges are warranted. If the court finds that the non-custodial parent acted with the intent to avoid their child support obligations, even if they have the financial means to pay, they are more likely to face severe consequences, including felony charges.
Conversely, if the court determines that the non-payment was due to genuine inability to pay and the parent has made reasonable efforts to comply with their child support obligations, the likelihood of felony charges decreases.
Repeated Offenses and Escalating Penalties
Repeated violations of child support orders can significantly increase the risk of felony charges. If a non-custodial parent has a history of non-compliance, including missed payments, missed court hearings, or disregard for previous enforcement actions like wage garnishment, the court may view subsequent violations more seriously.
What Happens Before Felony Charges?
Before child support issues escalate to felony charges, a series of collection actions and enforcement actions are typically undertaken by the Division of Child Support (DCS), the child support enforcement agency in Washington state.
Initial Collection Efforts by the Division of Child Support (DCS)
When a non-custodial parent falls behind on their child support payments, the DCS initiates collection efforts. These efforts typically begin with notices and communications to the obligated parent regarding the child support arrears and the need for payment of child support.
The DCS may offer payment plans or other arrangements to assist the obligated parent in fulfilling their child support obligations. This is often an initial grace period before more severe enforcement methods are employed. The DCS may also request bank statements, bank account statement numbers, or other financial information to assess the obligated parent’s financial situations.
Table 1: Enforcement Actions Taken Before Felony Child Support Charges in Washington.
| Enforcement Action | Description | Potential Impact on Obligated Parent |
|---|---|---|
| Notice from DCS | Initial communication from the Division of Child Support informing the obligated parent of arrears and requesting payment. | Reminder of obligation, opportunity to establish a payment plan. |
| Wage Garnishment/Income Withholding | A portion of the obligated parent’s earnings is directly withheld from their paycheck and sent to the custodial parent. | Reduced take-home pay, potential financial strain. |
| License Suspensions | Suspension of driver’s licenses, professional licenses, recreational licenses (hunting, fishing, etc.). | Restrictions on employment, professional practice, and recreational activities. |
| Credit Reporting | Reporting of child support arrears to credit bureaus, negatively impacting the obligated parent’s credit score. | Difficulty obtaining loans, credit cards, or mortgages; higher interest rates. |
| Liens on Property | Legal claim placed on the obligated parent’s real estate or personal property, preventing sale or transfer until the debt is paid. | Restrictions on property ownership and financial transactions. |
| Tax Refund Interception | Interception of the obligated parent’s federal or state tax refunds to offset child support arrears. | Loss of anticipated tax refund. |
| Contempt of Court Order (Civil Action) | If a court order for child support is violated, the obligated parent can be held in contempt, potentially leading to fines or even jail time. This is not a felony, but a civil action that can lead to jail. | Financial penalties, potential incarceration. |
| Attachments for Child Support | Legal orders to seize assets like bank accounts or safety deposit boxes to satisfy child support debts. | Loss of access to funds and assets. |
| Bench Warrant | Court order authorizing law enforcement to arrest an individual who has failed to appear in court or comply with a court order. This is not a felony in itself, but can be a step towards further legal action. | Arrest and potential detention. |
Court Hearings and Contempt of Court Orders
If the obligated parent continues to disregard their child support obligations, the custodial parent or the DCS may initiate court proceedings. These proceedings can lead to contempt of court orders if the obligated parent fails to comply with a court-ordered payment plan or other requirements.
Your Rights Under Washington Law
Being charged with felony nonsupport of a child in Washington state is a serious matter with potentially severe consequences, including jail time. It’s essential to be fully aware of your legal rights and options.
Why You Absolutely Need a Lawyer?
One of the most fundamental rights you possess when facing felony child support charges is the right to legal counsel. This means you have the right to an experienced attorney or experienced child support lawyer to represent you throughout the legal process.
If you cannot afford a private attorney, the court will appoint a public defender to represent you. Having a skilled legal professional by your side is essential for several reasons:
Legal Expertise
A child support lawyer is well-versed in child support laws, child support enforcement laws, applicable statute, civil rules, and format rules of the Washington court system. They can provide accurate legal advice, assess the strengths and weaknesses of your case, and develop a sound legal strategy.
Protection of Your Rights
An attorney will ensure that your legal rights are protected at every stage of the process, from arraignment to sentencing. They will challenge any violations of your rights and advocate for the best possible outcome in your case.
Negotiation and Advocacy
An attorney can negotiate with the prosecution for a plea bargain, a payment plan, or a reduction in child support or modification of child support. They will also advocate for you in court, presenting evidence and arguments in your defense.
Potential Defenses in Felony Child Support Cases
Several potential defenses may be available in felony child support cases, depending on the specific circumstances. Some common defenses include:
Inability to Pay
As previously mentioned, demonstrating a genuine inability to pay due to factors beyond your control, such as job loss, disability (person with disabilities), or serious illness, can be a valid defense.
You may need to provide documentation such as bank statements, application for enforcement services, application privileges, application fee, bank account statement numbers, bank statements, or proof of public assistance or temporary assistance.
Mistaken Identity
In rare cases, mistaken identity may be a defense. This could occur if there is confusion about the birth certificate, original child, biological child, or base child.
Procedural Errors
If the child support enforcement agency or the court made significant procedural errors during the collection actions or enforcement actions, this could be a basis for a defense.
Compliance with a Payment Plan
If the obligated parent has been following a court-approved payment plan or has made consistent monthly payments or periodic payment, this can demonstrate good faith and potentially mitigate the charges.
Burden of Proof
In criminal cases, including felony child support cases, the burden of proof rests with the prosecution. This means that the prosecution must prove beyond a reasonable doubt that the obligated parent willfully failed to pay child support and that their actions meet the legal criteria for a felony offense.
The obligated parent is not required to prove their innocence. If the prosecution fails to meet this burden of proof, the obligated parent cannot be convicted. The penalty of perjury applies to any false statements made in court. The method of enforcement and applicable statute will be considered by the court. The court may also consider extra expenses or arrearage requirements.
Table 2: Factors Influencing Outcomes in Washington Felony Child Support Cases.
| Factor or Defense | Potential Outcome | Explanation |
|---|---|---|
| Genuine Inability to Pay (Documented) | Charges may be reduced, dismissed, or a more lenient sentence may be imposed (e.g., payment plan instead of jail time). | If the obligated parent can prove they genuinely lacked the financial means to pay due to circumstances beyond their control (job loss, disability, etc.), the court is less likely to impose severe penalties. |
| Willful Non-Payment (Evidenced) | Increased likelihood of felony conviction and harsher penalties, including jail time, substantial fines, and restitution. | If the court finds the obligated parent intentionally avoided their child support obligations despite having the means to pay, the consequences will be more severe. |
| Consistent Compliance with Payment Plan (Prior to Charges) | Potential for charges to be dropped or reduced if the obligated parent has consistently adhered to a court-ordered payment plan. | Demonstrates good faith and a commitment to fulfilling child support obligations, which can positively influence the court’s decision. |
| No Prior History of Non-Compliance | May result in a more lenient sentence or alternative sentencing options, especially if combined with a demonstrated willingness to address the arrears. | A first-time offense is generally viewed less harshly than repeated violations. |
| Significant Amount of Arrears/Extended Period of Non-Payment | Increases the likelihood of felony charges and harsher penalties, even if other mitigating factors are present. | The greater the accumulated debt and the longer the period of non-payment, the more serious the legal consequences are likely to be. |
| Cooperation with DCS and the Court | Can positively influence the outcome, potentially leading to more lenient treatment. | Showing a willingness to cooperate and take responsibility can demonstrate good faith and a desire to resolve the issue. |
| Aggravating Circumstances (e.g., Hiding Income, Leaving the State) | Significantly increases the likelihood of felony charges and maximum penalties. | Actions that demonstrate a clear intent to evade child support obligations will be viewed very negatively by the court. |
| Legal Representation by an Experienced Attorney | Significantly improves the chances of a favorable outcome, regardless of other factors. An experienced attorney can provide legal expertise, protect the obligated parent’s rights, and advocate effectively in court. | Effective legal representation is essential for navigating the complex legal system and achieving the best possible outcome. An attorney can negotiate with the prosecution, present compelling evidence, and argue for leniency. |
What Happens After Felony Charges?
If felony child support charges are filed in Washington State, the non-custodial parent enters the criminal court system. This process involves several stages, from the initial arraignment to potential sentencing.
What to Expect During the Arraignment Process
The arraignment is the first formal court hearing in a criminal case, including felony child support cases. At the arraignment, the obligated parent will:
- Be informed of the charges against them, which is nonsupport of a child.
- Enter a plea of guilty, not guilty, or no contest.
- Be advised of their legal rights, including the right to legal counsel.
- The court may also address bail or release conditions at this time.
Plea Bargains and Negotiated Settlements
In many criminal cases, including some felony child support cases, plea bargains or negotiated settlements are reached between the prosecution and the defense. A plea bargain involves the defendant agreeing to plead guilty to a lesser charge or to a reduced sentence in exchange for avoiding a trial.
In the context of felony child support, a plea bargain might involve:
- Agreeing to a payment plan to address the child support arrears.
- Agreeing to a reduced charge, such as a misdemeanor.
- Agreeing to a shorter jail sentence or alternative sentencing options.
Potential Penalties for Felony Child Support Convictions
If a non-custodial parent is convicted of felony child support in Washington state, the potential penalties can be severe. These penalties may include:
Jail time
A felony conviction can result in a significant jail sentence, the length of which depends on the specific circumstances of the case, such as the amount of child support debts, extended period of non-payment, and any prior criminal history.
Fines
The court may impose substantial fines in addition to or in lieu of jail time. These are financial penalties.
Restitution
The obligated parent may be ordered to pay full restitution for the outstanding child support arrears.
Can You Avoid Jail Time?
Facing felony child support charges doesn’t automatically mean jail time is inevitable. Several strategies can be employed to resolve child support issues and potentially avoid incarceration. Proactive steps and open communication with the relevant parties are key to achieving a positive outcome.
Establishing a Payment Plan with the DCS
One of the most effective ways to address child support arrears and potentially avoid jail time is to establish a payment plan with the DCS or the child support enforcement agency. It demonstrates a willingness to take responsibility for the child support debts and make consistent efforts to satisfy the legal obligations.
A payment plan involves:
- Negotiating a monthly payment or periodic payment amount that is feasible based on the obligated parent’s current financial situations.
- Adhering to the agreed-upon payment schedule consistently.
- Maintaining open communication with the DCS regarding any changes in financial situations that might affect the ability to make payments.
Modifying Existing Child Support Orders
If the existing child support order is no longer feasible due to a significant change in circumstances, such as job loss, disability (person with disabilities), reduction in child support, or a change in child custody or residential time or actual time or additional time, seeking a modification of child support is essential.
Demonstrating a Genuine Inability to Pay
If the non-custodial parent is genuinely unable to pay child support due to circumstances beyond their control, providing clear and convincing evidence to the court is vital.
The evidence may include:
- Documentation of job loss, such as termination letters or unemployment records.
- Medical records documenting a disability or serious illness that prevents employment.
- Proof of application for public assistance or temporary assistance.
- Bank statements, bank account statement numbers, or other financial records demonstrating limited income and significant expenses.
Frequently Asked Questions about Back Child Support Felonies
1. Can a retired person face felony child support charges?
Yes, even a retired person receiving benefit rights, such as social security, can face charges if they fail to make maintenance payments or child support payments for an extended period of time, impacting households financial situations.
2. How does domestic violence influence child support cases?
While domestic violence does not automatically excuse child support obligations. However, it can be a factor considered in households financial situations and modification requests.
3. What is personal service in the context of child support cases?
Personal service refers to the legal delivery of court documents. Evading personal service for a period of time can worsen legal issues, potentially leading to felony charges.
4. Do maintenance payments factor into felony child support calculations?
Yes, unpaid maintenance payments or unpaid spousal maintenance, like child support payments, can accrue over a period of time and contribute to reaching the felony threshold, affecting households financial situations.
5. How do courts assess households financial situations in felony child support cases?
Courts examine income, expenses, and assets of both parents to determine if non-payment was willful or due to genuine financial hardship for a period of time. This includes benefit rights and assignment of rights.
Conclusion
Child support issues, if left unaddressed, can lead to serious legal consequences, including felony charges. If you’re facing child support enforcement issues or have past-due child support, seeking legal assistance from experienced child support attorneys is vital. Develop a payment plan, explore child support modification options, and protect your legal rights to avoid severe consequences and actions on child support.
