(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.
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