Title 10. Support in General — Subtitle 2. Criminal Nonsupport and Desertion

A spouse may not willfully fail to provide for the support of the other spouse, without just cause.

An individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 years or both.

If an individual is convicted under this section, the court may order the individual to pay any fine wholly or partly to the spouse.

Before trial and with the written consent of the accused individual, or on conviction of the individual under § 10-201 of this subtitle, instead of or in addition to imposing a penalty under § 10-201 of this subtitle, the court may:

In passing the order, the court shall consider the financial circumstances of the accused individual.

The accused individual shall make the payments to the spouse directly or through the appropriate support enforcement agency.

The court may modify the order as circumstances require.

A parent may not willfully fail to provide for the support of his or her minor child.

A parent may not desert his or her minor child.

An individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 years or both.

Before trial and with the written consent of the accused individual, or on conviction of the individual under § 10-203 of this subtitle, instead of or in addition to imposing a penalty under § 10-203 of this subtitle, the court may:

In passing the order, the court shall consider the financial circumstances of the accused individual.

The accused individual shall make the payments:

The court may modify the order as circumstances require.

A recognizance ordered by the court under § 10-202 or § 10-204 of this subtitle shall be:

During the 3-year probationary period, if an individual fails to pay support under the court’s order, the court may proceed to try or sentence the individual.

The court may order that a forfeited recognizance be paid wholly or partly as provided in § 10-202(c) or § 10-204(c) of this subtitle, as appropriate.

An order to pay support under this subtitle is a lien on the earnings of the accused individual.

The court shall send a certified copy of each order that establishes a lien on earnings to the appropriate support enforcement agency. The support enforcement agency shall notify the individual’s employer of the lien.

On receipt of notice of the lien from the support enforcement agency, the employer shall:

If the court sentences an individual who is convicted under § 10-201 or § 10-203 of this subtitle to the jurisdiction of the Division of Correction, the court may order the Commissioner of Correction:

During the defendant’s imprisonment, the court may modify or revoke the order.

An individual who is charged with nonsupport of the individual’s spouse may be prosecuted in the jurisdiction where the individual or the spouse resides.

An individual who is charged with nonsupport or desertion of the individual’s minor child may be prosecuted in the jurisdiction where the individual or the individual’s minor child resides.

On receipt of a complaint or on personal knowledge or information that an individual has violated § 10-201 or § 10-203 of this subtitle, the State’s Attorney, a deputy State’s Attorney, or an assistant State’s Attorney may hold a pretrial inquiry.

In connection with any pretrial inquiry under this section:

the time and place of the inquiry;

the accused individual’s right to appear at the inquiry and to produce evidence or information that relates to the matters examined; and

the accused individual’s right to testify if the individual:

After a pretrial inquiry before the State’s Attorney, a deputy State’s Attorney, or an assistant State’s Attorney, the State’s Attorney may:

After an information is filed and before trial, the court, with the written consent of the accused individual, may pass an order under § 10-202 or § 10-204 of this subtitle.

If the accused individual fails or refuses to consent to a court order being passed, the individual has a right to be tried on the charge.

The clerk of the court shall keep a docket known as the “domestic information docket”.

The domestic information docket shall contain the records and orders of each case brought under this Part II of this subtitle.

An individual who has care, custody, or control of a minor child may not desert the child:

A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 1 year.