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Fla. Stat. § 856.04 (2025)

Desertion; withholding support; proviso.

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856.04 Desertion; withholding support; proviso.—
(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage, by statute, in this state, if such person shall have provided for the support of his children, if there be any.
(2) For the purposes of subsection (1), a child born out of wedlock shall be deemed to be the child of a man who has been adjudged or decreed to be the father of such child by a court of competent jurisdiction of this state or of any other jurisdiction.
History.—s. 1, ch. 4553, 1897; GS 3569; s. 1, ch. 6483, 1913; RGS 5496; CGL 7654; s. 1, ch. 59-147; s. 1, ch. 61-335; s. 1, ch. 65-210; s. 1077, ch. 71-136; s. 9, ch. 75-166.

Arrestable Offenses under F.S. 856.04

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§856.04WITHHOLD SUPPORTDESERTION OF WIFE AND OR CHILDRENF · 3rd
Notes of Decisions
Cited in 19 cases, 1954–1999 · leading case: Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976).
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Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976). · cites it 4× “" Does this proceeding not "determine paternity"? In 1965 the Legislature amended Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida Statutes, making it a crime to withhold support from an illegitimate child whose paternity has been adjudged in this or any…”
Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980). · cites it 2× “Moreover, if chapter 742 provided the exclusive means for determining paternity, a putative father-even one who openly acknowledged his paternity-would be able to avoid with impunity the criminal provisions of section 856.04(2), Florida Statutes (1977) (withholding child…”
McCloud v. State, 237 So. 2d 818 (Fla. 1st DCA 1970). · cites it 8× “Appellant seeks reversal of a judgment of conviction and sentence of eighteen months imposed upon him pursuant to his plea of guilty to charges of withholding support from his minor children in violation of Section 856.04(1), Florida Statutes, F.S.”
Shands Teaching Hosp. & Clinics v. Smith, 480 So. 2d 1366 (Fla. 1st DCA 1985). · cites it 2× “[7] We do not view section 856.04, Florida Statutes (1983) as an indication of legislative intent to retain the common law doctrine of necessaries, in light of Chapter 61.”
Bardol v. Martin, 763 So. 2d 1119 (Fla. 4th DCA 1999). · cites it 3× “" § 856.04(1) Fla. Stat. (1997). [2] The state could hardly punish the failure to carry out a duty that one is not clearly obligated to perform.”
Suarez Ortega v. Pujals De Suarez, 465 So. 2d 607 (Fla. 3d DCA 1985). · cites it 2× “1970); § 856.04, Fla. Stat. (1983). The wife argues further that the husband submitted himself and the subject matter of the action to the jurisdiction of the Florida court when he filed a petition for habeas corpus to have the child returned to Mexico.”
Blackburn v. State, 468 So. 2d 517 (Fla. 1st DCA 1985). · cites it 2× “On 1 June 1979, Blackburn was placed on probation for two years following his violation of Section 856.04, Florida Statutes *518 (1979), a third-degree felony with a maximum penalty of five-years imprisonment.”
State v. Darnell, 230 So. 2d 151 (Fla. 1970). · cites it 6× “and other States to the State Attorney unknown, commit acts knowingly resulting in a crime in the State of Florida and County of Dade, in that he did unlawfully, willfully and feloniously desert his two minor children, to-wit: Michael Robert Darnell, age 12 years and Colin…”
United States v. Schroeder, 894 F. Supp. 360 (D. Ariz. 1995). “§ 21-3605 (1993); Fla. Stat.Ann. § 856.04 (West 1994). 4 . Whether this statute relates to commerce will be further discussed, infra, in the context of legislative history.”
State ex rel. J. L. K. v. R. A. I., 294 S.E.2d 142 (W. Va. 1982). “11(2)(e), Florida Statutes; c) a child whose paternity has been adjudicated in a foreign jurisdiction, by whatever procedure or whatever evidence may be proper there, without regard to the restrictions on such procedure in Florida, pursuant to subsection 856.04(2), Florida…”
Vandiver v. Vincent, 139 So. 2d 704 (Fla. 2d DCA 1962). “F.S. 856.04, F.S.A. By this statute the appellant-mother is also, along with the father, made guilty of a felony if she wilfully deserts or withholds from her child the means of support.”
Pifer v. Pifer, 349 So. 2d 778 (Fla. 2d DCA 1977). · cites it 3× “On February 11, 1976, appellee filed an affidavit complaint alleging that appellant had feloniously and willfully withheld support from the minor children between September 15, 1975 until February 11, 1976 in violation of Section 856.04, Florida Statutes. Section 856.”
Show all 19 citing cases →
— 856.04(1) — 2 cases
McCloud v. State, 237 So. 2d 818 (Fla. 1st DCA 1970). “Appellant seeks reversal of a judgment of conviction and sentence of eighteen months imposed upon him pursuant to his plea of guilty to charges of withholding support from his minor children in violation of Section 856.04(1), Florida Statutes, F.S.”
Bardol v. Martin, 763 So. 2d 1119 (Fla. 4th DCA 1999). “" § 856.04(1) Fla. Stat. (1997). [2] The state could hardly punish the failure to carry out a duty that one is not clearly obligated to perform.”
— 856.04(2) — 4 cases
Gammon v. Cobb, 335 So. 2d 261 (Fla. 1976). “" Does this proceeding not "determine paternity"? In 1965 the Legislature amended Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida Statutes, making it a crime to withhold support from an illegitimate child whose paternity has been adjudged in this or any…”
Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980). “Moreover, if chapter 742 provided the exclusive means for determining paternity, a putative father-even one who openly acknowledged his paternity-would be able to avoid with impunity the criminal provisions of section 856.04(2), Florida Statutes (1977) (withholding child…”
State ex rel. J. L. K. v. R. A. I., 294 S.E.2d 142 (W. Va. 1982). “11(2)(e), Florida Statutes; c) a child whose paternity has been adjudicated in a foreign jurisdiction, by whatever procedure or whatever evidence may be proper there, without regard to the restrictions on such procedure in Florida, pursuant to subsection 856.04(2), Florida…”
State Ex Rel. JLK v. RAI, 294 S.E.2d 142 (W. Va. 1982).
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