568.040. Criminal nonsupport, penalty — definitions — payment of support as a condition of parole — expungement of records, when — prosecuting attorneys to report cases to family support division.
Failing to financially support your child or spouse can be a crime
In Missouri, if a parent or spouse doesn’t provide basic support—like food, housing, or medical care—when legally required, they can be charged with criminal nonsupport. Penalties get harsher the longer support goes unpaid.
1. A person commits this crime if:
- A married person knowingly fails to support their spouse.
- A parent knowingly fails to support their child or stepchild (if the child is still legally dependent).
2. Key definitions:
- “Arrearage” means unpaid support under a court or agency order.
- “Child” includes biological, adopted, or legally declared children.
- “Support” means providing basics like food, housing, clothing, and medical care.
- “Good cause” is a valid reason why someone truly can’t pay. Not paying on purpose doesn’t count.
3. If the person has a good reason they can’t pay, they can use that as a legal defense—but they have to prove it.
4. Using nonmedical, legally allowed remedies instead of medical care may also be a defense, but the person must raise that issue.
5. Penalties:
- It’s a class A misdemeanor (up to 1 year in jail) unless the unpaid amount equals 12 months or more of missed payments.
- If it’s over 12 months, it becomes a class E felony (more serious).
6. If the person is put on probation or parole, they may be required to:
- Start paying current support and catch up on money that should have been paid earlier.
- Make a lump-sum payment if they have the money, then monthly payments.
- Pay no more than 50% of their income after taxes and necessary expenses.
- If they don’t pay, they may be sent to prison—unless they prove a good reason why they couldn’t.
7. If the person is locked up but willing and able to work, they may qualify for a work release program to earn money to pay support.
8. First- and second-time offenders in prison for nonsupport may be eligible for parole or work release if they haven’t had that chance before.
9. Prosecutors must report how many criminal nonsupport cases they file and win each quarter. This info is collected statewide and shared with the public.
10. A person can be prosecuted in either:
- The county where the child lived during the missed payments, or
- The county where the defendant lived during that time.
Expungement: People who have paid off all child support debt and completed probation may be able to clear their record, but only if:
- They haven’t committed other crimes
- They have no pending child support cases
- They’ve only asked for expungement once
If the court approves, it erases the record and restores the person’s legal status like the conviction never happened.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
