530.050 Nonsupport and flagrant nonsupport.
(1) A person is guilty of nonsupport:
(a) When he persistently fails to provide support which he can reasonably provide
and which he knows he has a duty to provide to a minor or to a child adjudged <br>mentally disabled, indigent spouse or indigent parent; or
(b) Upon a finding that a defendant obligor, subject to court order to pay any
amount for the support of a minor child, is delinquent in meeting the full <br>obligation established by such order and has been so delinquent for a period of <br>at least two (2) months duration.
(2) A person is guilty of flagrant nonsupport when he persistently fails to provide
support which he can reasonably provide and which he knows he has a duty to <br>provide by virtue of a court or administrative order to a minor or to a child adjudged <br>mentally disabled, indigent spouse or indigent parent and the failure results in: <br>(a) An arrearage of not less than one thousand dollars ($1,000); or <br>(b) Six (6) consecutive months without payment of support; or <br>(c) The dependent having been placed in destitute circumstances. For the
purposes of this paragraph, it shall be prima facie evidence that a dependent <br>has been placed in destitute circumstances if the dependent is a recipient of <br>public assistance as defined in KRS 205.010.
(3) A person has a duty to provide support for an indigent spouse, a minor child or
children, or a child or children adjudged mentally disabled and, for purposes of this <br>section, is presumed to know of that duty.
(4) Any person who is eighteen (18) years of age or over, residing in this state and
having in this state a parent who is destitute of means of subsistence and unable <br>because of old age, infirmity, or illness to support himself or herself, has a duty to <br>provide support for such parent and, for purposes of this section, is presumed to <br>know of that duty.
(5) Nonsupport is a Class A misdemeanor. For a second offense, the person shall
receive a minimum sentence of seven (7) days in jail. For a third or any subsequent <br>offense, the person shall receive a minimum sentence of thirty (30) days in jail.
(6) Flagrant nonsupport is a Class D felony.
Effective: July 15, 1988 <br>History: Amended 1988 Ky. Acts ch. 411, sec. 30, effective July 15, 1988. -- Amended
1984 Ky. Acts ch. 144, sec. 18, effective July 13, 1984. -- Amended 1982 Ky. Acts <br>ch. 141, sec. 136, effective July 1, 1982. -- Amended 1976 Ky. Acts ch. 361, sec. 1, <br>effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 261, effective January <br>1, 1975.
Note:
1980 Ky. Acts ch. 396, sec. 148 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts <br>ch. 141, sec. 146, also effective July 1, 1982.
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