How much back child support is a felony in Maryland?
In Maryland, the issue of back child support can be a serious legal matter, and the amount of past-due child support that can lead to felony charges varies. Understanding the thresholds and consequences is crucial for those who may be facing such charges or are at risk of falling behind on their child support obligations.
The Maryland Family Law Article 8-201 outlines the process for enforcing child support orders, including the possibility of criminal penalties for individuals who fail to pay. The amount of back child support that can constitute a felony in Maryland is significant, often starting at $10,000 or more. This threshold can vary depending on the circumstances of the case and the individual’s ability to pay.
What constitutes a felony in Maryland?
In Maryland, failing to pay child support can be classified as a felony if the total amount of past-due support reaches a certain level. This level is typically around $10,000, but it can be higher in cases where the individual has a history of non-payment or where the court finds that the failure to pay is willful and deliberate. A felony conviction can have severe consequences, including imprisonment, fines, and a criminal record that can affect employment and other aspects of life.
Enforcement and legal consequences
When an individual falls behind on child support payments, the Maryland Department of Human Resources (DHR) can take various enforcement actions, including wage garnishment, intercepting tax refunds, and suspending driver’s licenses. If the amount of back child support reaches the felony threshold, the DHR may refer the case to the State’s Attorney’s Office for criminal prosecution.
A felony conviction for failure to pay child support can result in imprisonment for up to five years and fines of up to $10,000. Additionally, the individual may be required to pay all back child support, plus interest and any legal fees incurred by the state in enforcing the support order.
Preventing felony charges
To avoid felony charges for back child support in Maryland, it is essential for individuals to take proactive steps to address any arrears. This may include negotiating a payment plan with the custodial parent or the court, seeking financial assistance, or exploring other options for resolving the debt. Consulting with an attorney who specializes in family law can provide guidance on the best course of action and help avoid the severe consequences of a felony conviction.
Conclusion
In Maryland, the amount of back child support that can lead to felony charges is significant, often starting at $10,000 or more. It is crucial for individuals facing child support obligations to understand the potential consequences of falling behind on payments and to take proactive steps to address any arrears. By seeking legal advice and working to resolve the issue, individuals can avoid the severe penalties associated with a felony conviction for failure to pay child support.
