State v. Pittman

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In 1988, Father was ordered to pay child support for his two children until the children were emancipated. In 2006, judgment entries were issued stating that the children were emancipated and ordering Father to pay arrearages owed. In 2009, an indictment was handed down containing nine counts related to Father’s failure to pay the ordered child support. The indictment was not served on Father until 2013. Father filed a motion to dismiss the indictment on due process and speedy trial grounds and because the six-year statute of limitations for felonies had run. The court dismissed all counts but two related to Father's failure to pay support from 2007 through 2009. Father then moved to dismiss those remaining counts, arguing that because his daughters were emancipated as of 2006, he had no duty to provide support to them after that date, and therefore, he was not obligated to pay support from 2007 through 2009. The trial court granted Father’s motion to dismiss. The Supreme Court affirmed, holding that Father was not subject to prosecution under section 2919.21(B) for his failure to make payments on the child-support arrearage established in the 2006 order when he had no current legal obligation to support his emancipated children. View "State v. Pittman" on Justia Law