2134                                         LAWS OF MARYLAND                                     Ch. 296

Defined terms: "Employer" § 10-101

"Obligor" § 10-101

"Support enforcement agency" § 10-101

GENERAL REVISOR'S NOTE:

Former Article 88A, § 59(b)(5)(ii) and the first and second
sentences of (5), which related to certain events that were to
occur in 1978 and 1979, are deleted as obsolete.

SUBTITLE 2. CRIMINAL NONSUPPORT AND DESERTION.

PART I. NONSUPPORT OF SPOUSE; NONSUPPORT OR DESERTION OF MINOR
CHILD -- IN GENERAL.

10-201. NONSUPPORT OF SPOUSE PROHIBITED; PENALTIES.

(A)  IN GENERAL.

A SPOUSE MAY NOT WILLFULLY FAIL TO PROVIDE FOR THE SUPPORT
OF THE OTHER SPOUSE, WITHOUT JUST CAUSE.

(B)  PENALTIES.

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.

(C)  DISPOSITION OF FINE.

IF AN INDIVIDUAL IS CONVICTED UNDER THIS SECTION, THE COURT
MAY ORDER THE INDIVIDUAL TO PAY ANY FINE WHOLLY OR PARTLY TO THE
SPOUSE.

REVISOR'S NOTE: This section is new language derived

without substantive change from the   first sentence and

the first clause of the third sentence of former
Article 27, § 88(a).

In subsection (a) of this section, the word "fail" is
substituted for the former word "neglects", in light
of Ewell v. State, 207 Md. 288 (1955).

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
prohibition on failing to support one's spouse is not
limited to a failure to support a dependent spouse or
a spouse who is unable to meet the spouse's financial
needs. The General Assembly may wish to consider
limiting the scope of this section.

Defined term: "Support" § 1-101

10-202. ORDER TO PAY SPOUSAL SUPPORT.