Criminal Nonsupport: Elements & Defenses
Quick answer
Intentionally or knowingly failing to provide child support you could pay is criminal nonsupport in Texas — a state jail felony under Penal Code § 25.05, separate from civil enforcement.
Most support cases stay civil. Criminal nonsupport is a different animal — and a conviction follows you.
What the state must prove
In Texas, criminal nonsupport is a state jail felony: intentionally or knowingly failing to provide support that the parent was legally obligated to provide and could have provided (Texas Penal Code § 25.05). Willfulness — and ability to pay — is the crux.
Defenses
- A genuine lack of financial ability, backed by documentation.
- Payment records showing real compliance efforts.
- Good-faith attempts to meet the obligation.
Why this needs a lawyer
A criminal record carries serious, lasting consequences. Given what's at stake, this is not a matter to handle alone.
Talk to a attorney for child support at Sinkin Law Firm — we collect and enforce child support across Texas.
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