CHAPTER 12.1-37
CHILD SUPPORT NONPAYMENT
12.1-37-01.
Willful failure to pay child support - Classification of offenses -
Affirmative defense - Penalty.
1.
A person is guilty of an offense if the person willfully fails to pay child support in an<br>amount ordered by a court or other governmental agency having authority to issue<br>the orders.
2.
a.
If the unpaid amount is greater than the greater of two thousand dollars or six<br>times the monthly child support obligation, the offense is a class C felony.
b.
If the unpaid amount is greater than the greater of one thousand dollars or<br>three times the monthly child support obligation, but less than the amount<br>required under subdivision a, the offense is a class A misdemeanor.
c.
If the unpaid amount is less than the amount required under subdivision b, the<br>offense is a class B misdemeanor.
3.
If the failure to pay child support occurs while the defendant was in another state,<br>and while the child was in this state, the offense must be construed to have been<br>committed in this state.
4.
It is an affirmative defense to a charge under subsection 1 that the defendant<br>suffered from a disability during the periods an unpaid child support obligation<br>accrued, such as to effectively preclude the defendant's employment at any gainful<br>occupation. This defense is available only if the defendant lacked the means to pay<br>the ordered amounts other than from employment.
5.
For purposes of this section, "child support" has the meaning provided in section<br>14-09-09.10.
6.
This section applies only to the willful failure to pay child support after August 1,<br>1995.
7.
In a prosecution under this chapter, a copy of a record certified under section<br>14-08.1-08 is admissible as prima facie evidence of the contents of the record.
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chapter 12.1-37 child support nonpayment
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