Legal Statutes: North Carolina
UPDATED October 19, 2012
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- North Carolina General Statutes (select sections)
- Chapter 1. Civil Procedure
- Chapter 1A. Rules of Civil Procedure
- Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
- Chapter 5A. Contempt
- Article 1. Criminal Contempt
- Chapter 7B. Juvenile Code
- Subchapter IV. Parental Authority; Emancipation
- Chapter 14. Criminal Law
- Subchapter III. Offenses Against the Person
- Article 7A. Rape and Other Sex Offenses
- Article 8. Assaults
- Article 10 - Kidnapping and Abduction
- Article 10A. Human Trafficking
- Subchapter IV. Offenses Against the Habitation and Other Buildings
- Article 14. Burglary and Other Housebreakings.
- Subchapter VI. Criminal Trespass
- Article 22B. First and Second Degree Trespass
- Article 23. Trespasses to Personal Property
- Subchapter VII. Offenses Against Public Morality and Decency
- Article 26. Offenses Against Public Morality and Decency
- Subchapter IX. Offenses Against the Public Peace
- Article 35. Offenses Against the Public Peace
- Subchapter XI. General Police Regulations
- Article 39. Protection of Minors
- Article 40. Protection of the Family
- Article 53B. Firearm Regulation
- Chapter 42. Landlord and Tenant
- Article 5. Residential Rental Agreements
- Chapter 50. Divorce and Alimony
- Article 1. Divorce, Alimony, and Child Support, Generally
- Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act
- Article 2. Uniform Child-Custody Jurisdiction and Enforcement Act
- Chapter 50B. Domestic Violence
- Chapter 50C. Civil No-Contact Orders
- Chapter 52C. Uniform Interstate Family Support Act
- Article 3. Civil Provisions of General Application
- Article 5. Enforcement of Order of Another State Without Registration
- Article 6. Enforcement and Modification of Support Order After Registration
- Part 1. Registration and Enforcement of Support Order
- Part 3. Registration and Modification of Child Support Order
- Chapter 110. Child Welfare
Article 40. Protection of the Family
back to top14-322. Abandonment and failure to support spouse and children
(a) For purposes of this Article:
(1) “Supporting spouse” means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent or from whom such other spouse is substantially in need of maintenance and support.
(2) “Dependent spouse” means a spouse, whether husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.
(b) Any supporting spouse who shall willfully abandon a dependent spouse without providing that spouse with adequate support shall be guilty of a Class 1 or 2 misdemeanor and upon conviction shall be punished according to subsection (f).
(c) Any supporting spouse who, while living with a dependent spouse, shall willfully neglect to provide adequate support for that dependent spouse shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f).
(d) Any parent who shall willfully neglect or refuse to provide adequate support for that parent's child, whether natural or adopted, and whether or not the parent abandons the child, shall be guilty of a misdemeanor and upon conviction shall be punished according to subsection (f). Willful neglect or refusal to provide adequate support of a child shall constitute a continuing offense and shall not be barred by any statute of limitations until the youngest living child of the parent shall reach the age of 18 years.
(e) Upon conviction for an offense under this section, the court may make such order as will best provide for the support, as far as may be necessary, of the abandoned spouse or child, or both, from the property or labor of the defendant. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). For child support orders initially entered on or after January 1, 1994, the immediate income withholding provisions of G.S. 110-136.5(c1) shall apply.
(f) A first offense under this section is a Class 2 misdemeanor. A second or subsequent offense is a Class 1 misdemeanor.
Amended by Laws 1949, c. 810; Laws 1957, c. 369; Laws 1969, c. 1045, § 1; Laws 1981, c. 683, § 1; Laws 1989, c. 529, § 4; Laws 1993, c. 517, § 3, eff. Jan. 1, 1994; Laws 1993, c. 539, §§ 225, 226, eff. Oct. 1, 1994; Laws 1994 (1st Ex. Sess.), c. 24, § 14(c), eff. March 26, 1994.