§575-2  Prima facie evidence; sequestration
of money for support of spouse or children.  The absence of any spouse or
parent from the other spouse or child or children under the age of sixteen for
a continuous period of three months or more without first making suitable
provision for the support and maintenance of such spouse, child, or children
shall be prima facie evidence of desertion and wilful neglect.  In such case,
and where it is known that such spouse or parent has money in the possession of
a third party, the complaint, made under section 575-3, shall allege the
continuous absence by the spouse or parent and the name of the third party
possessing the money.  The court in which the complaint is filed shall issue an
order to the third party possessing the money to appear before it to show cause
why the money shall not be applied to the maintenance and support of the
spouse, the child, or children.



If, after a hearing for that purpose, the court
is satisfied that there has been a continuous absence by the spouse or parent
and a failure by the spouse or parent to make suitable provision for
maintenance and support, and that there is money in the possession of the third
party belonging to the spouse or parent, it shall make an order upon the third
party to apply the money in the sum or sums in the manner and at the time or
times as it may determine for the support and maintenance of the spouse or the
child or children; provided that no order to apply the money shall be made
unless a copy of the order to show cause is served upon the spouse or parent
prior to the hearing; provided further that if the spouse or parent cannot be
found, the order to show cause shall be published in a newspaper of general
circulation and for the time as shall be designated by the order of the court.
[L 1919, c 175, §1; RL 1925, §3015; RL 1935, §4501; RL 1945, §12252; RL 1955,
§328-2; HRS §575-2; am L 1984, c 250, pt of §1]