Kentucky Statutes 530.050 – Nonsupport and flagrant nonsupport
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(1) A person is guilty of nonsupport:
(a) When he or she persistently fails to provide support which he or she can reasonably provide and which the person knows he or she has a duty to provide to a minor, a child adjudged mentally disabled, an indigent spouse, or indigent parent; or
For details, see § 532.060 and § 532.090
(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 obligation established by the court order, and has been delinquent for a period of at least two (2) months duration.
(2) A person is guilty of flagrant nonsupport when he or she persistently fails to provide support which he or she can reasonably provide and which the person knows he or she has a duty to provide by virtue of a court or administrative order to a minor, a child adjudged mentally disabled, an indigent spouse, or indigent parent, and the failure results in:
(a) An arrearage of not less than two thousand five hundred dollars ($2,500); or
(b) Six (6) consecutive months without payment of support; or
(c) The dependent having been placed in destitute circumstances. For the purposes of this paragraph, it shall be prima facie evidence that a dependent has been placed in destitute circumstances if the dependent is a recipient of 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 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 because of old age, infirmity, or illness to support himself or herself, has a duty to provide support for such parent and, for purposes of this section, is presumed to 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 offense, the person shall receive a minimum sentence of thirty (30) days in jail.
(6) Flagrant nonsupport is a Class D felony.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 51, sec. 1, effective June 29, 2021. — 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 ch. 141, sec.
136, effective July 1, 1982. — Amended 1976 Ky. Acts ch. 361, sec. 1, effective June
19, 1976. — Created 1974 Ky. Acts ch. 406, sec. 261, effective January 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 ch.
141, sec. 146, also effective July 1, 1982.
(a) When he or she persistently fails to provide support which he or she can reasonably provide and which the person knows he or she has a duty to provide to a minor, a child adjudged mentally disabled, an indigent spouse, or indigent parent; or
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 530.050
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 obligation established by the court order, and has been delinquent for a period of at least two (2) months duration.
(2) A person is guilty of flagrant nonsupport when he or she persistently fails to provide support which he or she can reasonably provide and which the person knows he or she has a duty to provide by virtue of a court or administrative order to a minor, a child adjudged mentally disabled, an indigent spouse, or indigent parent, and the failure results in:
(a) An arrearage of not less than two thousand five hundred dollars ($2,500); or
(b) Six (6) consecutive months without payment of support; or
(c) The dependent having been placed in destitute circumstances. For the purposes of this paragraph, it shall be prima facie evidence that a dependent has been placed in destitute circumstances if the dependent is a recipient of 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 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 because of old age, infirmity, or illness to support himself or herself, has a duty to provide support for such parent and, for purposes of this section, is presumed to 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 offense, the person shall receive a minimum sentence of thirty (30) days in jail.
(6) Flagrant nonsupport is a Class D felony.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 51, sec. 1, effective June 29, 2021. — 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 ch. 141, sec.
136, effective July 1, 1982. — Amended 1976 Ky. Acts ch. 361, sec. 1, effective June
19, 1976. — Created 1974 Ky. Acts ch. 406, sec. 261, effective January 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 ch.
141, sec. 146, also effective July 1, 1982.