Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses
This bill changes how child support non-payment cases are handled in court. It makes a defendant's inability to pay child support an argument they can raise (an "affirmative defense"), rather than requiring prosecutors to prove the defendant could pay as part of the crime itself. The law applies to both misdemeanor (second-degree) and felony (first-degree) cases for failing to support a child. However, this defense does not apply if the defendant voluntarily quit a job, reduced their income, or failed to seek work despite being able to do so. The bill shifts the legal burden in these cases but does not change the penalties for non-support.
Bill status
in committee
1 of 4 stages cleared
Introduction
Apr 2025
Committee Review
Floor Vote
Governor
Introduced Apr 10, 2025
Last action Jan 7, 2026
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
2
Key actions
0
Committee
2
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Apr 10, 2025
Committee
REFERRED TO CODES
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Andrew Lanza
RRepublican/Conservative/Independence/Reform
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