KRS 530.050: Nonsupport and flagrant nonsupport.

(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

(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 perio d

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 s ubsequent

offense, the person shall receive a minimum sentence of thirty (30) days in jail.

(6) Flagrant nonsupport is a Class D felony.