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House rejects bill that would narrow criminal nonsupport to higher-dollar cases
Summary
The House debated and then rejected House Bill 299, which would have amended criminal nonsupport; debate centered on whether failure to pay court-ordered child support should be criminalized for arrears over $5,000, with concerns about shifting civil enforcement into felony exposure. The bill failed 35–37.
Representative Carlson presented House Bill 299 on criminal nonsupport amendments, describing statutory provisions and addressing concerns that the bill might penalize parents who lack ability to pay. The sponsor noted the statute already provides affirmative defenses for inability to pay and argued the bill targets those who willfully avoid payment.
Opponents—including Representative Evans and others—warned the proposal converts a largely civil enforcement area into criminal exposure for debtors and raised safeguards, procedural timing and discrimination concerns. One floor speaker cautioned that classifying nonpayment as a felony for arrears of $5,000 or more risked creating a ‘‘debtors’ prison’’ dynamic if applied too broadly.
After debate and a division vote, the clerk recorded 35 yes votes and 37 no votes; House Bill 299 failed to pass and will be filed. Members noted existing statutory affirmative defenses and processes for reduction hearings; some members urged improved enforcement of existing remedies rather than expanding criminal penalties.
