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State v. Link7/26/2005
small portion of that money would relate to Link's child support obligations for the time period charged. There were still six individual months within a twelve-month period of time charged when Link did not provide "adequate support" for his child. For example, Link provided no support for his child, in cash or otherwise, from December 1999 to October 2000, when he went into the county jail.
Even if the lump sum payment was not applied to the arrearage and was instead considered a "current" payment applicable only to the time period charged, it still would not be "adequate support" for that time frame. The trial court found good cause for Link's nonsupport only during the time Link was in the county jail between October 2000 and June 2001. At the time that Mother received the lump sum garnishment in March 2001, Link had already failed to provide support for his child for more than six months out of a twelve-month period. His child had basic needs during each of these months, and Link failed to adequately support those needs as they arose. It would not be logical or sound to excuse Link's failure to adequately support his child for those months because of the subsequent involuntary payment on his arrearages. In addition to those months of nonpayment, Link also failed to provide support for seven months after he was released from the county jail in June 2001. The March 2001 lump sum proceeds from the garnishment of Link's personal injury settlement cannot simultaneously be applied to both past and future obligations. These long gaps in meeting his legal responsibility constitute sufficient evidence to support Link's conviction.
Conclusion
There was sufficient evidence in this case from which the trial court could have reasonably found Link guilty beyond a reasonable doubt of felony criminal nonsupport under section 568.040. Specifically, the evidence supported a finding of fact by the trial court that Link failed to provide "adequate support" during the time period charged in the Information. Accordingly, we affirm the trial court's judgment.
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