568.040. Criminal nonsupport, penalty--payment of support as a condition of parole--prosecuting attorneys to report cases to division of child support enforcement.
Criminal nonsupport, penalty--payment of support as a condition ofparole--prosecuting attorneys to report cases to division ofchild support enforcement.
568.040. 1. A person commits the crime of nonsupport if such personknowingly fails to provide, without good cause, adequate support for his orher spouse; a parent commits the crime of nonsupport if such parentknowingly fails to provide, without good cause, adequate support which suchparent is legally obligated to provide for his or her child or stepchildwho is not otherwise emancipated by operation of law.
2. For purposes of this section:
(1) "Child" means any biological or adoptive child, or any childwhose paternity has been established under chapter 454, RSMo, or chapter210, RSMo, or any child whose relationship to the defendant has beendetermined, by a court of law in a proceeding for dissolution or legalseparation, to be that of child to parent;
(2) "Good cause" means any substantial reason why the defendant isunable to provide adequate support. Good cause does not exist if thedefendant purposely maintains his inability to support;
(3) "Support" means food, clothing, lodging, and medical or surgicalattention;
(4) It shall not constitute a failure to provide medical and surgicalattention, if nonmedical remedial treatment recognized and permitted underthe laws of this state is provided.
3. Inability to provide support for good cause shall be anaffirmative defense under this section. A person who raises suchaffirmative defense has the burden of proving the defense by apreponderance of the evidence.
4. The defendant shall have the burden of injecting the issues raisedby subdivisions (2) and (4) of subsection 2 and subsection 3 of thissection.
5. Criminal nonsupport is a class A misdemeanor, unless the totalarrearage is in excess of an aggregate of twelve monthly payments due underany order of support issued by any court of competent jurisdiction or anyauthorized administrative agency, in which case it is a class D felony.
6. If at any time a defendant convicted of criminal nonsupport isplaced on probation or parole, there may be ordered as a condition ofprobation or parole that the defendant commence payment of current supportas well as satisfy the arrearages. Arrearages may be satisfied first bymaking such lump sum payment as the defendant is capable of paying, if any,as may be shown after examination of defendant's financial resources orassets, both real, personal, and mixed, and second by making periodicpayments. Periodic payments toward satisfaction of arrears when added tocurrent payments due may be in such aggregate sums as is not greater thanfifty percent of the defendant's adjusted gross income after deduction ofpayroll taxes, medical insurance that also covers a dependent spouse orchildren, and any other court or administrative ordered support, only. Ifthe defendant fails to pay the current support and arrearages as ordered,the court may revoke probation or parole and then impose an appropriatesentence within the range for the class of offense that the defendant wasconvicted of as provided by law, unless the defendant proves good cause forthe failure to pay as required under subsection 3 of this section.
7. During any period that a nonviolent defendant is incarcerated forcriminal nonsupport, if the defendant is ready, willing, and able to begainfully employed during said period of incarceration, the defendant, ifhe or she meets the criteria established by the department of corrections,may be placed on work release to allow the defendant to satisfy defendant'sobligation to pay support. Arrearages shall be satisfied as outlined inthe collection agreement.
8. Beginning August 28, 2009, every nonviolent first- and second-timeoffender then incarcerated for criminal nonsupport, who has not beenpreviously placed on probation or parole for conviction of criminalnonsupport, may be considered for parole, under the conditions set forth insubsection 6 of this section, or work release, under the conditions setforth in subsection 7 of this section.
9. Beginning January 1, 1991, every prosecuting attorney in anycounty which has entered into a cooperative agreement with the division ofchild support enforcement shall report to the division on a quarterly basisthe number of charges filed and the number of convictions obtained underthis section by the prosecuting attorney's office on all IV-D cases. Thedivision shall consolidate the reported information into a statewide reportby county and make the report available to the general public.
10. Persons accused of committing the offense of nonsupport of thechild shall be prosecuted:
(1) In any county in which the child resided during the period oftime for which the defendant is charged; or
(2) In any county in which the defendant resided during the period oftime for which the defendant is charged.
(L. 1977 S.B. 60, A.L. 1990 S.B. 834, A.L. 1993 S.B. 253, A.L. 2009 S.B. 140)(1984) A conviction will lie whether or not the child actually suffered from actual physical or material want or destitution. State v. Davis (Mo.App.), 675 S.W.2d 410.
(1991) Statute was not unconstitutionally vague when term "minor" was not defined. When there is a well-known common law meaning, it is presumed that the term will be so construed unless it clearly appears it was not intended. State v. Duggar, 806 S.W.2d 407 (Mo. en banc).
(1993) Fact that minor child does not suffer deprivation of necessary food, clothing, lodging, medical or surgical attention, or that such needs are being supplied by another, does not abrogate parent's obligation to provide adequate support. State v. Morovitz, 867 S.W.2d 506 (Mo. en banc).