Indiana criminal charge
Nonsupport of a dependent child in Indiana
Nonsupport of a dependent child is a criminal offense under Indiana law, defined by Ind. Code § 35-46-1-5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-46-1-5.
What is the penalty for nonsupport of a dependent child in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Nonsupport of a dependent child (base offense) — A person knowingly or intentionally fails to provide support to the person's dependent child.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Nonsupport of a dependent child (base offense) — A person knowingly or intentionally fails to provide support to the person's dependent child.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Nonsupport of a dependent child (with prior conviction) — The offense is elevated when the person has a previous conviction under this section.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Nonsupport of a dependent child (with prior conviction) — The offense is elevated when the person has a previous conviction under this section.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is nonsupport of a dependent child classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Nonsupport of a dependent child (base offense) | Level 6 Felony | A person knowingly or intentionally fails to provide support to the person's dependent child. | Ind. Code § 35-46-1-5(a) |
| Nonsupport of a dependent child (with prior conviction) | Level 5 Felony | The offense is elevated when the person has a previous conviction under this section. | Ind. Code § 35-46-1-5(a) |
Common questions about nonsupport of a dependent child in Indiana
Is nonsupport of a dependent child a felony or a misdemeanor in Indiana?
It depends on the circumstances: nonsupport of a dependent child ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-46-1-5.
Nonsupport of a dependent child (base offense): Level 6 Felony (Ind. Code § 35-46-1-5(a)) · Nonsupport of a dependent child (with prior conviction): Level 5 Felony (Ind. Code § 35-46-1-5(a))
What are the penalties for nonsupport of a dependent child in Indiana?
Which Indiana statute covers nonsupport of a dependent child?
Nonsupport of a dependent child is governed by Ind. Code § 35-46-1-5 (Nonsupport of a dependent child).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.