BLAIR LEE III,

Acting Governor

2603

neglects to provide for the support and maintenance of his

wife is guilty of a misdemeanor, and upon conviction in any
court of the State having criminal jurisdiction shall be
punished by a fine not exceeding $100, or imprisonment for
not more than three years, or both, in the discretion of the

court. Any person charged with a violation of this section

may be prosecuted in the jurisdiction where he or his wife

resides. The fine may be directed by the court to be paid

in whole or in part to the wife; provided, that before the

trial with the consent of the defendant, or after

conviction, instead of imposing the punishment hereinbefore

provided, or in addition thereto, the court in its

discretion, having regard to the circumstances and and financial
ability of the defendant, may pass an order which is subject
to change by it from time to time, as the circumstances may

require, directing the defendant to pay a certain sum weekly
for the space of three years to the wife, and to release the

defendant from custody on probation for the space of three

years upon his entering into a recognizance in such sum as

the court shall direct, with or without sureties. Any such

order shall constitute a lien on the earnings of the
defendant and the employor is required to deduct the amount

Department. All such deductions are to be paid directly by

the employer to the [notifying Probation Probation Department.]

COLLECTIONS OF THE SOCIAL SERVICES ADMINISTRATION OR THE

LOCALLY DESIGNATED GOVERNMENT AGENCY FOR THE COLLECTION OF

DOMESTIC PAYMENTS. The condition of the recognizance shall

be such that if the defendant makes his personal appearance

at the court whenever ordered to do so within the three

years, and further complies with the terms of the order, or

of any subsequent modification thereof, then the

recognizance shall be void, otherwise of full force and

effect. If the court be satisfied by information and due

proof under oath, at any time during the three years, that

the defendant has violated the terms of the order, it may
forthwith proceed to the trial of the defendant under the

original indictment, or sentence him under the original

conviction, as the case may be. In the case of forfeiture

of a recognizance and enforcement thereof by execution, the

sum recovered may, in the discretion of the court, be paid

in whole or in part to the wife.

(b) (1) Any parent who deserts or wilfully neglects
to provide for the support and maintenance of his or her
child under the age of 18 is guilty of a misdemeanor and
upon conviction is subject to a fine not exceeding $100, or
imprisonment not exceeding three years, or both.

(2) Any parent charged with a violation of this
section may be prosecuted in the jurisdiction where he or
she or the child resides. Jurisdiction of a criminal court
under this section is not affected by commencement of a
civil support action before or after prosecution under this
section.

(3) However, before the trial with the consent