18 Pa. Stat. § 4731

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 4731 - Wilful separation or nonsupport

Whoever, being a husband or father, separates himself from his wife or from his children or from wife and children, without reasonable cause, or wilfully neglects to maintain his wife or children, such wife or children being destitute, or being dependent wholly or in part on their earnings for adequate support, is guilty of a misdemeanor, and on conviction thereof, shall be sentenced to imprisonment not exceeding one (1) year, or to pay a fine not exceeding five hundred dollars ($500), or both. Such fine, if any, may be paid or applied, in whole or in part, to the wife or children, as the court may direct.

No such conviction, payment, or fine, or undergoing imprisonment shall in any manner affect the obligation of any order for support theretofore made against the defendant in any competent court.

In any such case, the court may suspend sentence upon and during compliance by the defendant with any order for support as already made or as thereafter modified. If no such order shall have been made, then the court trying the defendant may make such order for the support by the defendant of his wife and children or either of them, which order shall be subject to modification by the court on cause shown, and may suspend sentence upon and during the compliance by defendant with such order upon entry of bond by defendant with surety approved by the court, conditioned on compliance with such order. The court after hearing the parties may also determine and make orders with respect to the right of parents to visit their children.

In any proceedings under this section, the wife or any person having the care, custody, or control of minor children shall be a competent witness.

As used in this section, the word "children" shall be limited to mean children under sixteen (16) years of age, and also such children over sixteen (16) and under eighteen (18) years of age, as by reason of infirmity are incapable of supporting themselves. "Separation" or "nonsupport" shall include every case where a husband has caused his wife to leave him by conduct on his part which would be ground for divorce, or a father has neglected to provide for maintenance, support, and care of his wife or children or wife and children.

18 P.S. § 4731

1939, June 24, P.L. 872, § 731. Amended 1957, July 5, P.L. 481, § 1; 1972, June 16, P.L. 421, No. 122, § 4.