(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. (1868-9, c. 209, s. 1; 1873-4, c. 176, s. 10; 1879, c. 92; Code, s. 970; Rev., s. 3355; C.S., s. 4447; 1925, c. 290; 1949, c. 810; 1957, c. 369; 1969, c. 1045, s. 1; 1981, c. 683, s. 1; 1989, c. 529, s. 4; 1993, c. 517, s. 3, c. 539, ss. 225, 226; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
State by & Through New Bern Csa v. Lewis, 319 S.E.2d 145 (N.C. 1984).
· cites it 10× “In 1976 defendant, James Daniel Lewis, was charged under N.C. Gen. Stat. § 14-322 with the willful neglect of and refusal to support his four minor children, then ages sixteen, fourteen, ten and seven.”
State v. Zuniga, 357 S.E.2d 898 (N.C. 1987).
· cites it 3× “2 (1986) (child abuse); N.C.G.S. § 14-322 (1986) (abandonment and nonsupport).”
State v. Whittle, 454 S.E.2d 688 (N.C. Ct. App. 1995).
· cites it 6× “§ 14-127 (1993) (willful and wanton injury to personal property); N.C.G.S. § 14-322 (1993) (abandonment and failure to support spouse and children).”
State v. White, 590 S.E.2d 448 (N.C. Ct. App. 2004).
· cites it 2× “12 (2003) (violation of a municipal ordinance establishing a curfew during a state of emer *197 gency is a Class 3 misdemeanor); N.C. Gen. Stat. § 14-322 (2003) (failure to pay child support is a Class 1 misdemeanor); N.”
State v. White, 268 S.E.2d 481 (N.C. 1980).
· cites it 2× “We do not understand our common-law presumption of the husband's paternity to be a rule of substantive law making biological paternity irrelevant in a prosecution under G.S. 14-322. That traditionally the presumption could be rebutted by showing impossibility of biological…”
State v. Lorenzo, 556 S.E.2d 625 (N.C. Ct. App. 2001).
· cites it 2× “The errors that exist on the two judgment and commitment forms are as follows: (1) defendant’s pleas are recorded as “guilty” when they should be recorded as “not guilty”; (2) the felony trafficking offenses are listed as misdemeanors, when they should be listed as felonies; and…”
Peoples v. Peoples, 179 S.E.2d 138 (N.C. Ct. App. 1971).
· cites it 2× “50-7 (1) is not synonymous with the criminal offense defined in G.S. 14-322. “In *410 a prosecution under G.”
State ex rel. New Bern Child Support Agency ex rel. Lewis v. Lewis, 303 S.E.2d 627 (N.C. Ct. App. 1983).
· cites it 2× “II Procedural and Factual History On 23 March 1976, defendant was served with criminal summons charging him with willful neglect and refusal to support his *100 four children, a violation of N.C. Gen. Stat. § 14-322 (1981). These children were born to Sadie W.”
Heavner v. Heavner, 326 S.E.2d 78 (N.C. Ct. App. 1985).
“Plaintiffs guilty plea to the criminal charge of nonsupport of Jeffrey, under G.S. 14-322, is an evidentiary admission of paternity.”
Pruett v. Pruett, 100 S.E.2d 296 (N.C. 1957).
· cites it 2× “50-7(1) is not synonymous with the criminal offense defined in G.S. 14-322. “In a prosecution under G.S.”
Goodyear v. Goodyear, 126 S.E.2d 113 (N.C. 1962).
“G.S. 14-322. The duty to support is primarily the obligation of the father.”
— N.C. Gen. Stat. § 14-322(b) — 1 case
— N.C. Gen. Stat. § 14-322(d) — 2 cases
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