25-511. Failure of parent to provide for child;
classification
A. Except as provided in section 25-501, subsection F, any parent of a minor child
who knowingly fails to furnish reasonable support for the parent's child is guilty of a
class 6 felony.
B. It is an affirmative defense to a charge of a violation of subsection A of this
section that the defendant has complied with a valid court order that was in effect for
the time period charged and that set forth an amount of support for the minor child or
was unable to furnish reasonable support. Inability to furnish reasonable support is not
a defense if the defendant voluntarily remained idle, voluntarily decreased his income or
voluntarily incurred other financial obligations.
C. The trier of fact, in determining whether the defendant has failed to furnish
reasonable support, shall consider all assets, earnings and entitlements of the defendant
and whether the defendant has made all reasonable efforts to obtain the necessary
funds. On a showing of previous employment or lack of a physical or mental disability
precluding employment, the trier of fact may infer that the defendant is capable of
full-time employment at least at the federal adult minimum wage. This inference does not
apply to noncustodial parents who are under the age of eighteen and who are still
attending high school.
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