21-3605. Nonsupport of a child or spouse.
21-3605
21-3605. Nonsupport of a child or spouse.(a) (1) Nonsupport of a child is a parent's failure, neglect orrefusalwithout lawful excuse to provide for the support and maintenance of theparent's child in necessitous circumstances.
(2) As used in this section, "child" means a child under the ageof 18years and includes an adopted child or a child born out of wedlock whoseparentage has been judicially determined or has been acknowledged inwriting by the person to be charged with the support of such child.
(3) At any time before the trial, upon petition and notice, thecourtmay enter such temporary order as may seem just providing for support ofsuch child, and may punish for violation of such order as for contempt.
(4) At any stage of the proceeding, instead of or in addition toimposing the penalty hereinafter provided, the court, in its discretionand having regard for the circumstances and the financial ability orearning capacity of the defendant, may enter an order which shall besubject to change by the court, as circumstances may require, directing thedefendant to pay a certain sum periodically, for a term not exceeding theperiod during which the obligation to support shall continue, to theguardian, conservator or custodian of such child or to an organization orindividual approved by the court as trustee. The court shall also have thepower to release the defendant on probation for the period so fixed, uponthe defendant's entering into a recognizance, with or without surety, insuch sum as the court may order and approve. The condition of therecognizance shall be such that if the defendant shall make a personalappearance in court whenever ordered to do so and shall further comply withthe terms of such order of support, or of any subsequent modificationthereof, then such recognizance shall be void; otherwise the recognizanceshall be of full force and effect.
(5) If the court is satisfied by due proof that, at any timeduring theperiod while the obligation to support continues, the defendant has violatedthe terms of such order, the court may forthwith proceed with the trial of thedefendant under the original charge, or sentence the defendant under theoriginal conviction, or enforce the suspended sentence as the case may be.
(6) In no prosecutionunder this act shall any existing statute or rule of law prohibiting thedisclosure of confidential communications between husband and wife apply,and both husband and wife shall be competent witnesses to testify againsteach other to any and all relevant matters, including the parentage of suchchild.
(7) Nonsupport of a child is a severity level 10,nonperson felony.
(b) (1) Nonsupport of a spouse is an individual's failurewithout justcause to provide for the support of such individual's spouse in necessitouscircumstances.
(2) At any time before the trial in a prosecution for nonsupportof aspouse, upon petition and notice, the court may enter such temporary orderas may seem just providing for support of such spouse, and may punish forviolation of such order as for contempt.
(3) At any stage of the proceeding, instead of or in addition toimposing the penalty hereinafter provided, the court, in its discretion andhaving regard for the circumstances and the financial ability or earningcapacity of the defendant, may enter an order which shall be subject tochange by the court, as circumstances may require, directing the defendantto pay a certain sum periodically, for a term not exceeding the periodduring which the obligation to support shall continue, to the spouse or tothe guardian or conservator of such spouse or to an organization orindividual approved by the court as trustee. The court shall also have thepower to release the defendant on probation for the period so fixed, uponthe defendant's entering into a recognizance, with or without surety, insuch sum as the court may order and approve. The condition of therecognizance shall be such that if the defendant shall make a personalappearance in court whenever ordered to do so, and shall further complywith the terms of such order of support, or of any subsequent modificationthereof, then such recognizance shall be void; otherwise the recognizanceshall be of full force and effect.
(4) If the court is satisfied by due proof that, at any timeduring theperiod while the obligation to support continues, the defendant hasviolated the terms of such order, the court may forthwith proceed with thetrial of the defendant under the original charge, or sentence the defendantunder the original conviction, or enforce the suspended sentence as the casemay be.
(5) Failure by a spouse to use resources or income, or both,allowed to the spouse under section 303 of the federal medicarecatastrophic coverage act of 1988or under K.S.A. 39-785 through 39-790, and amendments thereto, asapplicable,to provide medical support for the otherspouse shall not constitute a violation of subsection (b)(1) so long as the other spouse is receiving medicalassistance as defined by K.S.A. 39-702 and amendments thereto.
(6) Nonsupport of a spouse is a severity level 10,nonperson felony.
History: L. 1969, ch. 180, § 21-3605; L. 1970, ch. 124, § 4;L. 1976, ch. 157, § 1; L. 1988, ch. 143, § 7;L. 1989, ch. 124, § 1;L. 1992, ch. 298, § 35;L. 1993, ch. 291, § 58; July 1.