Massachusetts General Laws

Mass. Gen. Laws ch. 273, § 1 (2026)

Abandonment and nonsupport; failure to comply with support order; decree establishing rights of spouse as prima facie evidence

✓ current as of July 2026

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Section 1. A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:

(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or

(2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or

(3) he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or

(4) wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.

In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.

Notes of Decisions

Cited in 35 cases (1 in the last 5 years), 1922–2026 · leading case: Commonwealth v. Twitchell, 617 N.E.2d 609 (Mass. 1993).

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Commonwealth v. Twitchell, 617 N.E.2d 609 (Mass. 1993). · cites it 34× “That publication quoted a portion of G.L.c. 273, § 1, as then amended, which, at least in the context of the crimes described *116 in that section, accepted remedial treatment by spiritual means alone as satisfying any parental obligation not to neglect a child or to provide a…”

People of Michigan v. Selesa Arrosieur Likine, 492 Mich. 367 (Mich. 2012). · cites it 4× “See Cal Penal Code 270 (specifically considering, in language cited by the dissent, parents’ income and also whether the act or omission “is willful and without lawful excuse”); Elam v State, 138 Ga App 432, 432; 226 SE2d 290 (1976) (considering “evidence as to [defendant’s]…”

Adoption of Tammy, 619 N.E.2d 315 (Mass. 1993). · cites it 2× “209C, § 9; G.L.c. 273, § 1 [1992 ed.]), to be eligible for coverage under Helen's health insurance policies, and to be eligible for social security benefits in the event of Helen's disability or death ( 42 U.”

Commonwealth v. Gallison, 421 N.E.2d 757 (Mass. 1981). “265, § 13A, and on two counts for failure to provide care for a minor, G. L. c. 273, § 1. She received a sentence of not more than twenty nor less than eighteen years at the Massachusetts Correctional Institution, Framingham (MCI), on the manslaughter conviction, and a nine- to…”

Commonwealth v. Booth, 266 Mass. 80 (Mass. 1929). · cites it 3× “G. L. c. 273, § 1. The case was tried on an agreed statement of facts.”

Commonwealth v. Rosenfield, 478 N.E.2d 165 (Mass. App. Ct. 1985). · cites it 3× “On November 3, 1983, a complaint issued charging the defendant with failure to support his wife and minor child during the period between August 12, 1983, and November 3, 1983, in violation of G. L. c. 273, § 1. The complaint was sought by an employee of the Department of Public…”

United States v. Maldonado, 614 F.3d 14 (1st Cir. 2010). “In addition, Massachusetts makes non-support a felony, Mass. Gen. Laws ch. 273, § 1 , and it is punishable by a fine of up to $5000 and/or up to five years' imprisonment, Mass.”

Adoption of Yvette, 881 N.E.2d 1159 (Mass. App. Ct. 2008). “Furthermore, the judge did not, and, on this record, could not find that the grandmother had abandoned the children either within the meaning of G. L. c. 273, § 1 (criminal child abandonment means that the child was left without making reasonable provisions for support), see…”

Silvia v. Silvia, 400 N.E.2d 1330 (Mass. App. Ct. 1980). “G. L. c. 273, § 1, as appearing in St. 1977, c.”

Ventura v. Ventura, 555 N.E.2d 872 (Mass. 1990). “578, 580 (1948) (at common law a father is bound to support his minor children if he is able); G. L. c. 273, § 1 (1988 ed.) (“[a] spouse or parent shall be guilty of a misdemeanor .”

Commonwealth v. Geoghegan, 427 N.E.2d 941 (Mass. App. Ct. 1981). · cites it 2× “This is an appeal by the Commonwealth from an order dismissing with prejudice a complaint for nonsupport under G. L. c. 273, § 1. The complaint, which was brought in June, 1980, alleged nonsupport of the defendant’s wife and children “from October 10, 1974, to the present.”

Dep't of Revenue v. Roe, 560 N.E.2d 1288 (Mass. App. Ct. 1990). “, G. L. c. 273, § 1; Fennell v. Russell, 282 Mass.”

Show all 35 citing cases →

— Mass. Gen. Laws ch. 273, § 1(4) — 2 cases

People of Michigan v. Selesa Arrosieur Likine, 492 Mich. 367 (Mich. 2012). “See Cal Penal Code 270 (specifically considering, in language cited by the dissent, parents’ income and also whether the act or omission “is willful and without lawful excuse”); Elam v State, 138 Ga App 432, 432; 226 SE2d 290 (1976) (considering “evidence as to [defendant’s]…”

Commonwealth v. Howard, 816 N.E.2d 1241 (Mass. App. Ct. 2004).

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