16.2 FAILURE TO PROVIDE FINANCIAL SUPPORT
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 16.2
- Statute
- § 827.06, Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Failure to Provide Financial Support, the State must prove the following five elements beyond a reasonable doubt:
1. (Defendant) willfully failed to provide financial support for (victim).
2. At the time, (victim) was the [child] [spouse] of (defendant).
3. At the time, (defendant) was legally obligated to provide financial support for (victim).
4. At the time, (defendant) knew [he] [she] was legally obligated to provide financial support for (victim).
5. At the time, (defendant) had the ability to provide financial support for (victim).
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
§ 827.06(3), Fla. Stat. $5000 or more. Give if applicable.
If you find (defendant) guilty of Failure to Provide Financial Support, you must further determine if the State proved beyond a reasonable doubt whether the defendant owed, for more than one year, financial support to (victim) in an amount equal to or greater than $5,000.
§ 827.06(5)(b), Fla. Stat., § 88.1011(22), Fla. Stat. Give if applicable.
You may conclude that (defendant) knew [he] [she] was legally obligated to provide financial support for (victim) if you find that a court or tribunal entered an order that obligated the defendant to provide financial support to (victim). “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Lesser-included offenses
As the instruction lists them, word for word.
FAILURE TO PROVIDE FINANCIAL SUPPORT ($5000 or more) — 827.06(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Failure to Provide Financial Support | 827.06(2) | 16.2 |
FAILURE TO PROVIDE FINANCIAL SUPPORT (4th or subsequent offense) — 827.06(3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Failure to Provide Financial Support | 827.06(2) | 16.2 |
Related practice page
Criminal Charges for Unpaid Child Support in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.