§ 11-2-1.1 - Failure to pay child support.
SECTION 11-2-1.1
§ 11-2-1.1 Failure to pay child support.– (a) Every person who is obligated to pay child support pursuant to an order ordecree established by or registered with the family court pursuant to chapter11 of title 15, who has incurred arrearage of past-due child support in theamount of ten thousand dollars ($10,000), and who shall willfully thereafter,having the means to do so, fail to pay three (3) or more installments of childsupport in an amount previously set by the court, according to the termspreviously set by the court, shall be guilty of a felony for each instance offailure to make the subsequent payments and upon conviction shall be punishedby imprisonment for a period not to exceed five (5) years.
(b) Every person who has for a period of three (3) yearswillfully failed to pay any installments of child support in an amountpreviously set by the court, according to the terms previously set by thecourt, and who shall thereafter, having the means to do so, fail to pay three(3) or more installments of child support in an amount previously set by thecourt, according to the terms previously set by the court, shall be guilty of afelony for each instance of failure to make the subsequent payments and uponconviction shall be punished by imprisonment for a period not to exceed five(5) years.
(c) For purposes of this section, "subsequent payments" meansthose payments or installments due and owing after a person has incurred anarrearage of ten thousand dollars ($10,000) as specified in subsection (a) ofthis section or those payments or installments due and owing after a person hasfailed to pay an installment for a period of three (3) years.
(d) The court may in its discretion direct that the sentencebe served pursuant to § 12-19-2(b).
[See § 12-1-15 of the General Laws.]