What is required for a charge of criminal failure to pay child support to be valid?

The validity of a charge of criminal failure to pay child support hinges on demonstrating that the non-paying parent had both the ability to pay the child support obligations and the intent to refuse payment. This means that the court must find that the individual had the financial resources necessary to make the required payments but consciously chose not to fulfill those obligations, which constitutes a willful disregard for the court's order.

In many jurisdictions, simply being behind on payments due to financial hardship may not meet the standard for a criminal charge, as inability to pay can be a legitimate defense. Moreover, a written agreement with the other parent (such as a modification to the support order) does not inherently equate to criminal failure unless it explicitly indicates a refusal to pay despite the means to do so. Lastly, the absence of current income alone may not suffice for a charge; a person could have other assets or resources to fulfill their support obligations, thus making the focus on both ability and intent critical in establishing criminal culpability in matters of child support enforcement.