Flagrant Nonsupport

Under KRS 530.050, a person commits flagrant nonsupport when he or she persistently fails to provide support that he or she can reasonably provide and knows is owed under a court or administrative order. The support must be owed to a minor child, a child adjudged mentally disabled, an indigent spouse, or an indigent parent. The failure must also result in at least one of the following:

• An unpaid balance, called an arrearage, of $2,500 or more.
• Six consecutive months without a support payment.
• The dependent being placed in destitute circumstances. The statute treats a dependent’s receipt of public assistance as prima facie evidence of this.

Flagrant nonsupport is a Class D felony. Under KRS 532.060, a Class D felony carries a prison term of one to five years, and the court may also consider fines, probation, or conditional discharge. The law presumes that a person knows of the duty to support a minor child, a child adjudged mentally disabled, or an indigent spouse.

The same statute also defines nonsupport, a Class A misdemeanor. It covers persistent failure to pay that does not reach the felony level, including being delinquent on a court-ordered child support obligation for at least two months. Misdemeanor cases are heard in District Court and prosecuted by the County Attorney, not the Commonwealth’s Attorney.

The Commonwealth’s Attorney’s office does not set child support, change support orders, or collect ordinary payments. Since July 1, 2025, Kentucky’s child support program has been run by the Department of Child Support Services in the Office of the Attorney General. Under KRS 15.802, the local County Attorney is that office’s designee in each county unless the County Attorney declines.

In Campbell County, the County Attorney’s child support office handles paternity, support orders, and enforcement through civil remedies such as wage withholding, liens, and the suspension of licenses when arrears are large. That office represents the state program, not the parent who applied for services.

Because flagrant nonsupport is a felony, it is prosecuted in Circuit Court rather than District Court. A case generally moves through these steps:

1. 1A charge is filed in District Court, which may lead to a warrant or summons.
2. 2A District Court judge may hold a preliminary hearing to decide whether there is probable cause. If there is, or if the hearing is waived, the case is held to the grand jury. A case can also be presented to the grand jury directly.
3. 3The Commonwealth’s Attorney’s office presents evidence to the grand jury, such as the support order and the payment history.
4. 4If at least nine of the twelve grand jurors agree, the grand jury returns an indictment, and the office prosecutes the case in Circuit Court.

A case can end in dismissal, a guilty plea, or a trial. Because it is a Class D felony, a person who meets the requirements of KRS 533.250 may apply for pretrial diversion. If a person is convicted and not sent to prison, the court can impose probation or conditional discharge with conditions such as:

• Supporting dependents and meeting other family responsibilities, a condition listed in KRS 533.030.
• Paying current support and making payments toward the past-due balance.
• Paying restitution ordered by the court.
• Reporting to a probation officer and committing no new offense.

Under KRS 533.020, felony probation can last up to five years, or longer if needed to finish paying restitution. If the person violates the conditions, the court can revoke probation and impose the sentence.

• Apply for child support services through the Department of Child Support Services or the local child support office. Families receiving K-TAP receive services automatically.
• Keep copies of the support order, records of payments received, and any messages about payment.
• Tell the child support office about changes, such as a new address or the other parent’s new employer.
• If a felony case is filed, know that the child is a crime victim under KRS 421.500. A parent or other lawful representative can receive notice of court dates and be consulted by the Commonwealth’s Attorney’s office about how the case is resolved.