639:4 Non-Support. –
I. A person is guilty of non-support if such person knowingly fails to provide support which such person is legally obliged to provide and which such person can provide to a spouse, child or other dependent. The fine, if any, shall be paid or applied in whole or in part to the support of such spouse, child or other dependent as the court may direct.
II. In this section, non-support shall be:
(a) A class B felony if the arrearage of support has remained unpaid for a cumulative period of more than one year;
(b) A class B felony if the amount of the arrearage is more than $10,000;
(c) A class B felony if the obligor has been previously convicted of non-support under this section or if the obligor has been convicted of a similar criminal nonsupport offense in another state and the arrearage of support in this state has remained unpaid for a cumulative period of more than one year; or
(d) A class A misdemeanor in all other cases.