Legal Question in Criminal Law in South Dakota
fugitive from justice
can a person be charged with fugitive from justice for failure to pay child support when the child and the person obligated to pay the support live in different states, and the person obligated to pay the support has never lived in the same state as the child? The child lives in South Dakota and the person obligated to pay support lives in Minnesota and lived in Minnesota when the child was concieved and has lived in Minnesota ever since. The obligator has never lived in South Dakota!
1 Answer from Attorneys
Re: fugitive from justice
If court ordered child support is not paid, a whole range of enforcement options are available to court. A judgment against the obligor for arrears can be awarded to the child support recipient. Further, the obligor can be found in contempt for not paying support and jailed until he enters into a payment plan and agrees to pay support, or makes a substantial payment on the arrears. The obligor's driver's license can be suspended. In the most extreme cases, it is possible to charge an obligor with criminal non-support, although that is unusual. Typically, delinquent support obligations are enforced by finding the obligor in contempt, and by imposing a jail sentence if he fails to pay.
Such enforcement actions will usually be taken by the county attorney where the obligor lives. (Assuming the obligation is being collected through the child support office.) If the obligor lives in Hennepin County (Minneapolis), then any action taken to enforce the obligation would take place in Hennepin County, regardless of where the child lives. The fact that the child lives in SD, and that the obligor has never lived in SD, is irrelevant.
I would need to know more about the facts of this case to comment further. Contact information is below.
Thank you for your question.
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