§ 14-322. Abandonment and failure to support spouse and children.
Article40.
Protection of the Family.
§ 14‑322. Abandonmentand failure to support spouse and children.
(a) For purposes ofthis Article:
(1) "Supportingspouse" means a spouse, whether husband or wife, upon whom the otherspouse is actually substantially dependent or from whom such other spouse issubstantially in need of maintenance and support.
(2) "Dependentspouse" means a spouse, whether husband or wife, who is actuallysubstantially dependent upon the other spouse for his or her maintenance andsupport or is substantially in need of maintenance and support from the otherspouse.
(b) Any supportingspouse who shall willfully abandon a dependent spouse without providing thatspouse with adequate support shall be guilty of a Class 1 or 2 misdemeanor andupon conviction shall be punished according to subsection (f).
(c) Any supportingspouse who, while living with a dependent spouse, shall willfully neglect toprovide adequate support for that dependent spouse shall be guilty of amisdemeanor and upon conviction shall be punished according to subsection (f).
(d) Any parent whoshall willfully neglect or refuse to provide adequate support for that parent'schild, whether natural or adopted, and whether or not the parent abandons thechild, shall be guilty of a misdemeanor and upon conviction shall be punishedaccording to subsection (f). Willful neglect or refusal to provide adequatesupport of a child shall constitute a continuing offense and shall not bebarred by any statute of limitations until the youngest living child of theparent shall reach the age of 18 years.
(e) Upon conviction foran offense under this section, the court may make such order as will bestprovide for the support, as far as may be necessary, of the abandoned spouse orchild, or both, from the property or labor of the defendant. If the courtrequires the payment of child support, the amount of the payments shall bedetermined as provided in G.S. 50‑13.4(c). For child support ordersinitially entered on or after January 1, 1994, the immediate income withholdingprovisions of G.S. 110‑136.5(c1) shall apply.
(f) A first offenseunder this section is a Class 2 misdemeanor. A second or subsequent offense isa Class 1 misdemeanor. (1868‑9, c. 209, s. 1; 1873‑4, c. 176, s.10; 1879, c. 92; Code, s. 970; Rev., s. 3355; C.S., s. 4447; 1925, c. 290;1949, c. 810; 1957, c. 369; 1969, c. 1045, s. 1; 1981, c. 683, s. 1; 1989, c.529, s. 4; 1993, c. 517, s. 3, c. 539, ss. 225, 226; 1994, Ex. Sess., c. 24, s.14(c).)