Chapter 3 - Desertion Of Spouse Or Children
CHAPTER 3 - DESERTION OF SPOUSE OR CHILDREN
20-3-101. Desertion generally; penalty; public welfare funds;prisoner's earnings; temporary order for support.
(a) Any spouse who, without just cause or lawful excuse,deserts the other spouse or fails or refuses to provide adequately for thesupport and maintenance of the other spouse and who at the time of leaving,failure or refusal is or thereafter becomes in necessitous circumstances isguilty of a crime, and upon conviction thereof, shall be punished by a fine notexceeding seven hundred fifty dollars ($750.00), imprisonment for not more thansix (6) months, or both.
(b) Any person who without just cause or legal excuseintentionally fails, refuses or neglects to provide adequate support which theperson knows or reasonably should know the person is legally obligated toprovide to a child under eighteen (18) years of age is guilty of:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both;
(ii) A misdemeanor punishable by imprisonment for not less thanseven (7) days nor more than one (1) year, a fine of not more than one thousanddollars ($1,000.00), or both, if:
(A) The defendant has previously been convicted under thissubsection; or
(B) The support has been ordered by any court and the defendanthas failed to pay the support obligation within sixty (60) days after the datepayment was due.
(c) It is an affirmative defense to a charge under subsection(a) or (b) of this section that the person was unable to provide adequatesupport but did provide such support as was within that person's ability andmeans. A person may not demonstrate inability to provide support if the personis employable but, without reasonable excuse, fails diligently to seekemployment, terminates employment or reduces earnings or assets. A person whoraises an affirmative defense has the burden of proving the defense by apreponderance of the evidence.
(d) Support of spouse or child by public welfare funds or fromany source other than from the other spouse or parent as the case may be, isnot just cause or lawful excuse for the spouse or parent to fail to providesupport under this section.
(e) If a person is imprisoned under this section, the court maydivert any earnings of the person to the use and benefit of the spouse and anyminor child as provided by W.S. 7-16-308.
(f) Proceedings under this section may be instituted uponverified complaint against any person guilty of the offenses.
(g) At any time before trial, upon petition of the complainantand notice to the defendant, the court may enter a temporary order providingfor the support of the deserted spouse or children or both, pendente lite, andmay punish for violation of the order as for contempt.
(h) This state has jurisdiction over an offense under thissection if conduct constituting any element of the offense or a result of thatconduct occurs within this state.
20-3-102. Ordering of payments for support in lieu of penalty; whenauthorized; term; release of defendant on probation; entering of recognizance;conditions of recognizance; providing for security.
(a) Before trial with the consent of the defendant, or on entryof a plea of guilty or after conviction, instead of the penalty provided byW.S. 20-3-101(b) or in addition thereto, the court having regard to thecircumstances and the financial ability or earning capacity of the defendant,may enter an order directing the defendant to pay a certain sum for notexceeding two (2) years, to the parent, the guardian or custodian of the minorchild or children or to an organization or individual approved by the court astrustee. The court may release the defendant on probation for the period sofixed, upon a recognizance with or without surety in an amount as the court mayorder, conditioned that if the defendant appears in court whenever ordered andcomplies with the terms of the order of support or any modification thereof,the recognizance shall be void.
(b) The court may require the defendant to provide any securityof nonexempt property that the court deems satisfactory to secure theobligation to pay child support.
(c) The court, upon petition and following notice and hearing,shall no longer require the order for security if the court determines:
(i) Good cause no longer exists to require security to assurepayment upon the obligation to pay child support; and
(ii) There is no overdue support outstanding.
(d) Once the obligor has satisfied the obligation to make childsupport payments as ordered by the court, the security shall be released.
20-3-103. Ordering of payments for support in lieu of penalty;violation of order; trial; sentence; forfeiture of recognizance; disposition ofsum recovered.
Ifthe court finds at any time during the period of probation the defendant hasviolated the terms of the order, it may forthwith proceed with the trial of thedefendant under the original charge, or sentence him or her or enforce asuspended sentence under the original plea or conviction. In case of theforfeiture of recognizance, or enforcement thereof by execution, the sumrecovered may be paid in whole or in part to the wife or to the guardian,custodian or trustee of the minor child or children.
20-3-104. Proving marriage, parenthood; spouses as witnesses;disclosure of confidential communications; desertion, neglect or refusal tosupport.
Noother or greater evidence is required to prove the marriage of a husband andwife or that the defendant is the father or mother of a child or children thanis required to prove such facts in a civil action. In a prosecution under thisact no statute or rule of law prohibiting the disclosure of confidentialcommunications between husband and wife shall apply. Both husband and wife arecompetent witnesses to testify against each other to any relevant mattersincluding the fact of marriage and the parentage of the child or children butneither shall be compelled to give evidence incriminating himself or herself.Proof of the desertion of the wife, child or children in destitute ornecessitous circumstances, or of the neglect or refusal to provide for the supportand maintenance of the wife, child or children is prima facie evidence that thedesertion, neglect or refusal is willful.
20-3-105. Repealed by Laws 1986, ch. 67, 2.