Nonsupport :: Tennessee Criminal Lawyer Blog

The majority of criminal offenses are based on the principle that some person has committed an act that he or she is prohibited by law from committing, while a certain few offenses are based on individuals not following through with some task that he or she is obligated by law to perform. Perhaps the most commonly charged of the latter type of offense is the offense of nonsupport, which is codified in T.C.A. 39-15-101.

Tennessee law rightfully imposes an obligation on both mothers and fathers to support their minor children. Failure to support your children, or your spouse who is in need of support for that matter, is made a crime by the following statutory language:

(a) A person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.
(b) "Child" includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.

(c) "Support" includes, but is not limited to, financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care.

There are a few things about this language which should stand out. First, there is no duty to support children whose parentage has not been established. This means that a father who has no idea that a biological child of his is in existence in the world does not currently have a duty to support that child. However, under the laws of the State of Tennessee, an obligation to support that child from birth can be imposed on the father if he later learns of his paternity of the child. Second, the types of assistance that are imposed upon a parent or spouse by law are set out in this statute. This means that while there is a duty to provide a child or disadvantaged spouse with food, clothing, or shelter, it does not mean that you have to provide your teenager with an XBox or a car when he or she turns sixteen. In most scenarios, it is only a failure to provide for basic needs that can give rise to this offense.

The offense of nonsupport is a Class A misdemeanor in Tennessee. If you or a friend has been charged with this offense for a failure to pay child support or any other reason, you may have one of several defenses available to you. Contact an experienced East Tennessee criminal defense attorney for assistance with your case.