Criminal abandonment charges apply when someone intentionally or negligently refuses to care for an immediate family member. This includes a spouse, child, or parent. Several Massachusetts statutes address criminal abandonment and the legal consequences tied to this offense.
First, Massachusetts makes it a felony for a party to abandon a spouse or child under the following circumstances:
(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or
(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or
(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or
(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support…
A Massachusetts statute applies to cases where a party abandons or fails to support a child born out of wedlock. It imposes criminal penalties, including jail time. In some cases, the sentence can be up to ten years in state prison. Massachusetts General Laws, chapter 273, section 15A, lays out the penalties. Of course, Other issues might arise, such as civil complaints for non-support or contempt by the other spouse or parent. The Massachusetts Department of Revenue can also bring actions to enforce child support orders.
Furthermore, Massachusetts has a “filial statute.” It criminalizes neglecting a parent in certain circumstances. The law notes: “Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent, through misfortune and without fault of his own, is destitute of means of sustenance and unable by reason of old age, infirmity, or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.”
The statute allows adult children to avoid supporting parents who failed to provide for them during childhood. It applies when there are two or more children. This is as long as the party provides proper and reasonable contribution toward the parent’s support.
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About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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