Nonsupport of Dependents
Willfully failing to provide support a person has the ability to provide to a child or spouse whom the person knows they are legally obligated to support.
Florida Statute
§ 827.06
Nonsupport of dependents
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Confirm the legal support obligation, the ability to provide support, the willful failure, and whether a fourth-or-later violation or qualifying arrearage triggers the felony track.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Nonsupport
F.S. § 827.06(2)
Willfully failing to provide support one has the ability to provide to a child or spouse one knows one is legally obligated to support.
Repeat or Qualifying Arrearage Nonsupport
F.S. § 827.06(3)
A fourth or subsequent violation, or willful nonsupport with more than one year of owed support totaling at least $5,000.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all baseline facts
The defendant knew of a legal obligation to support a child or spouse and had the ability to provide support.
Plain language: Identify the legal obligation, knowledge, and ability to pay or provide support.
- Element 2AND — Required
The State must prove all baseline facts
The defendant willfully failed to provide that support.
Plain language: Document the failure and facts bearing on willfulness. The statute addresses sufficient good-faith efforts to legally acquire resources.
- Element 3OR — Alternative
Felony escalation — prove either track
For the felony track, the defendant either had a fourth or subsequent conviction under F.S. 827.06(2), or owed the child or spouse support for more than one year totaling at least $5,000.
Plain language: Confirm the applicable escalation track and the amount and duration of arrearage if charged.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Quick Reference
Document the support obligation, the defendant's knowledge and ability, the willful failure, and any prior convictions or qualifying arrearage.
Important
The felony track is triggered by a fourth-or-later conviction or a support debt lasting more than one year that is at least $5,000. A conviction requires restitution for the unpaid support obligation at sentencing.