Legal Definitions - nonsupport

Nonsupport refers to the failure of an individual to provide financial or material assistance to another person whom they are legally obligated to support. This legal obligation typically arises from family relationships, such as those between parents and children, or between spouses. In many jurisdictions, failing to meet these support duties can lead to civil penalties and, in some cases, criminal charges.

Here are some examples illustrating the concept of nonsupport:

• Example 1: Unpaid Child Support

  Following a divorce, a court orders one parent to pay a specific amount of child support each month to the other parent for the care and upbringing of their minor children. If this parent consistently fails to make these court-ordered payments, despite having the financial ability to do so, they are committing nonsupport. This action violates their legal duty to contribute to their children's well-being and can result in legal consequences, including wage garnishment, liens on property, or even criminal charges.

• Example 2: Neglect of Spousal Support

  A court mandates that one former spouse pay alimony (also known as spousal support) to the other for a set period after their marriage ends, recognizing the financial disparity between them. If the paying spouse intentionally withholds these court-ordered payments, leaving the recipient spouse in financial distress, this constitutes nonsupport. The failure to uphold this legal obligation can lead to contempt of court charges or other enforcement actions.

• Example 3: Abandonment of an Incapacitated Dependent

  An adult child is legally appointed as the guardian for their elderly parent who suffers from advanced dementia and is entirely dependent on them for care. The guardian has a legal duty to manage the parent's finances and ensure their basic needs, such as food, shelter, medical care, and hygiene, are met. If the guardian misuses the parent's funds for personal gain and deliberately neglects to provide these essential services, leading to the parent's endangerment, this would be considered nonsupport. This failure to provide for a legally dependent individual could result in severe civil and criminal penalties, including charges of elder abuse or criminal neglect.