NON-SUPPORT OF CHILDREN CRIMINAL STATUTES

The criminal statutes regarding non-payment of child support are found in Title 18, Chapter 4 of the Idaho Code.  The statute making failure to support children a criminal offense is Idaho Code 18-401 and reads:

 18-401.  DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE. Every person who (1)  Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it;
    (2)  Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or
ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not
for that reason alone be construed to be a violation of the duty of care to such child;
    (3)  Having sufficient ability to provide for a spouse's support, or who is able to earn the means for such spouse's support, who willfully abandons
and leaves a spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical
attendance, unless by the spouse's misconduct he or she is justified in abandoning him or her;
Shall be guilty of a felony and shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not to exceed fourteen
(14) years, or both.

The remaining provisions of Title 18, Chapter 4 of the Idaho Code discuss the court's powers with regarding to remedying the defendant's failure to provide for support of their children.

PROSECUTING ATTORNEY'S PROSECUTION POLICY

The Prosecuting Attorney has developed a policy which is intended to address the issues raised in attempting to enforce the non-support custody interference statute and to limit the unnecessary use of the scarce resources as a substitute for taking action through the civil court process.

Recent changes is state and federal law have created a system, under the direction of the Idaho Department of Health and Welfare, wherein the tools and resources of the State of Idaho have been channeled to the Department of Health and Welfare to address non-payment of child support.  Therefore, the primary means for addressing non-payment of child support should be addressed to the Department of Health and Welfare.  The prosecutor's office does file non-payment of child support cases, but only upon referral from the Department of Health and Welfare.  These referred cases have in common that (1)  the Department has unsuccessfully exhausted all of its means of attempting to get the non-paying parent to pay child and (2) the arrearages due tend to be at least several thousand dollars.  The child for whom child support is due must reside in Bingham County.  Because the statute of limitations for prosecution of these matters is five (5) years, any prosecution will only cover the last five years of failures by the non-paying parent.

DEPARTMENT OF HEALTH AND WELFARE INFORMATION

The Department of Health and Welfare's, Division of Welfare, Child Support Services web site has information, along with answers to frequently asked questions, on such topics as:

This assistance is available in both English and Spanish.

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