State v. Nelson, Minn.Ct.App., 12/10/2010. Mr. Nelson was ordered to pay support for his two kids. He was supposed to pay $315.00 each month but he had managed only one payment of about forty bucks. So, the state charged him with felony failure to provide care and support. He said he should get credit for the companionship, supervision and emotional care that he provided for his kids, but both the trial court and the court of appeals said, no.
Here’s what the statute says:
Whoever is legally obligated to provide care and support to a spouse or child, whether or not the child’s custody has been granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor, and upon conviction may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
The court concludes that “care and support” is only about the money. Hug your kids all you want but it cuts no slack when you’re in the dock. Not only that, since it’s only the money that counts, waiting up all hours for your daughter to get home from a date is totally inadmissible evidence.
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