18-402 — ORDERS PROVIDING FOR CHILDREN AND WIFE UPON VIOLATION OF PRECEDING SECTION


                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 4
                ABANDONMENT OR NONSUPPORT OF WIFE OR CHILDREN
    18-402.  ORDERS PROVIDING FOR CHILDREN AND WIFE UPON VIOLATION OF
PRECEDING SECTION. In any case enumerated in the previous section, the court
may render one of the following orders:
    1.  Should a fine be imposed it may be directed by the court to be paid in
whole or in part to the wife, or to the guardian or to the custodian of the
child or children, or to an individual appointed by the court as trustee.
    2.  Before trial, or after conviction, with the consent of the defendant,
the court, in its discretion, having regard to the circumstances and to the
financial ability or earning capacity of the defendant, shall have the power
to make an order which shall be subject to change by it from time to time as
circumstances may require, directing the defendant to pay a certain sum weekly
during such time as the court may direct, to the wife or to the guardian, or
custodian of the minor child or children, or to an individual appointed by the
court and to release the defendant from custody or probation during such time
as the court may direct upon his or her entering into a recognizance, with or
without sureties, in such sum as the court may direct. The condition of the
recognizance to be such that if the defendant shall make his or her appearance
in court whenever ordered to do so, and shall further comply with the terms of
the order and of any subsequent modification thereof, then the recognizance
shall be void, otherwise to remain in full force and effect.
    3.  When conviction is had and a sentence to imprisonment in the county
jail is imposed, the court may direct that the person so convicted shall be
compelled to work upon the public roads or highways or any other public work
in the county where such conviction is had, during the time of such sentence.
And it shall be the duty of the county commissioners or of the highway
district board within the county where such conviction and sentence is had and
where such work is performed by persons under sentence to the county jail to
allow an order of payment out of the current fund or maintenance road fund, to
the wife, or to the guardian, or custodian of the child or children, or to an
individual appointed by the court as trustee, at the end of each calendar
month, for the support of such wife, or child or children, ward or wards, a
sum not to exceed one and fifty one-hundredths dollars for each day's work of
such person.