In Georgia, willfully leaving your child without support is a crime called abandonment, separate from the civil remedies for unpaid child support.
What the Statute Says
Under OCGA 19-10-1(b), a parent who “willfully and voluntarily abandons his or her child … leaving it in a dependent condition” is guilty of a misdemeanor, and one who does so and leaves the state is guilty of a felony punishable by one to three years. Under OCGA 19-10-1(a), a child is dependent when the parent “does not furnish sufficient food, clothing, or shelter for the needs of the child,” and under OCGA 19-10-1(e) it is “no defense that the accused father or mother has never supported the child.”
What the State Must Prove
In Greene v. State, 268 Ga. App. 125 (2004), the Court of Appeals stated the two elements: “(a) desertion, that is, the wilful forsaking and desertion of the duties of parenthood; [and] (b) dependency, that is, leaving such child in a dependent condition.” A father $30,000 behind was convicted even though the mother had coped by borrowing.
Likewise, in Carter v. State, 287 Ga. App. 463 (2007), a father claimed he could not pay, but the jury was free to disbelieve him, and proof that a parent “substantially and persistently failed to comply with [a child] support obligation is sufficient to authorize a finding of wilful abandonment.”
Support as a Condition of Sentence
Under OCGA 19-10-1(j), the court may suspend the sentence on condition that the parent support the child, and revoke the suspension if payments stop. In Bennett v. Etheridge, 302 Ga. 33 (2017), a father who pled guilty to four counts was ordered to pay $46,080 in restitution for past-due support.
It Is Not a Private Lawsuit
In Bridges v. Wooten, 305 Ga. App. 682 (2010), OCGA 19-10-1 “sets forth criminal penalties for violation, but does not expressly provide a civil cause of action,” and that the civil remedy the legislature created is contempt under OCGA 19-6-28.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!