Criminal Non-Support

Overview
The Perry County Prosecuting Attorney will pursue criminal non-support prosecutions in accordance with Chapter 568.040 of the Revised Statutes of Missouri.

The Missouri Division of Child Support Enforcement maintains these toll-free numbers:

• DCSE Customer Relations Unit: (800) 859-7999
• Child Support Payment Information Line (with MACSS number): (800) 225-0530
• Family Support Payment Center (for inquiries without MACSS number): (800) 761-9234
• Employer Information Line: (800) 585-9234

Procedures

1. The victim of non-support meets with the Prosecuting Attorney to determine if a crime has been committed (in accordance with 568.040 RSMo).
2. Once determined that a crime was committed, the victim should contact either the Perry County Sheriff's Department or the Perryville City Police Department (depending on whether the victim resides within Perryville City limits or the County of Perry).
3. The Law Enforcement agency will then investigate the crime and prepare an official report.

Guidelines

• A parent commits the crime of non-support if such parent knowingly fails to provide, without good cause, adequate support which such parent is legally obligated to provide for his child or stepchild who is not otherwise emancipated by operation of law.
  • "Child" means any biological or adoptive child, or any child legitimated by legal process, or any child whose relationship to the defendant has been determined by a court of law in a proceeding for dissolution or legal separation, to be that of child to parent.
  • "Good cause" means any substantial reason why the defendant is unable to provide adequate support. Good cause does not exist if the defendant purposely maintains his inability to support.
  • "Support" means food, clothing, lodging, and medical or surgical attention.
  • It shall not constitute a failure to provide medical and surgical attention, if non-medical remedial treatment recognized and permitted under the laws of this state is provided.
• Criminal non-support is a Class A misdemeanor, unless the person obligated to pay child support commits the crime of non-support in each of six individual months within any 12 month period, or the arrearage is in excess of $5,000, in either of which case it is a Class D felony.
• Persons accused of committing the offense of non-support of the child shall be prosecuted either in the county in which the child resided during the period of time for which the defendant is charged, or in the county in which the defendant resided during the period of time for which the defendant is charged.