Section 1: Abandonment and nonsupport; failure to comply with support order; decree establishing rights of spouse as prima facie evidence

328 words·~1 min read·/ma/part-iv/title-i/chapter-273/1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1. A spouse or parent shall be guilty of a felony and shall be subject to the penalties set forth in section fifteen A if:

(1)he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or

(2)he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or

(3)he enters the commonwealth from another state without making reasonable provisions for the support of his spouse or minor child, or both of them, domiciled in another state; or

(4)wilfully and while having the financial ability or earning capacity to have complied, he fails to comply with an order or judgment for support which has been entered pursuant to chapter one hundred and nineteen, two hundred and seven, two hundred and eight, two hundred and nine, two hundred and nine C, or two hundred and seventy-three, or received, entered or registered pursuant to chapter two hundred and nine D, or entered pursuant to similar laws of other states. No civil proceeding in any court shall be held to be a bar to a prosecution hereunder but the court shall not enter any order pursuant to section fifteen A which would directly or indirectly result in a decrease in the amount paid for current support pursuant to an order or judgment on behalf of the child or spouse to who, or on whose behalf, support is owed.

In a prosecution hereunder a decree or judgment of a probate court in a proceeding in which the defendant or spouse appeared or was personally served with process, establishing the right of his spouse to live apart or the freedom of such spouse to convey and deal with property, or the right to the custody of the children, shall be admissible and shall be prima facie evidence of such right.