539.05 NONSUPPORT OF DEPENDENTS.
   (a)   No person shall abandon, or fail to provide adequate support to:
      (1)   His or her spouse, as required by law;
      (2)   His or her legitimate or illegitimate child who is under age eighteen, or mentally or physically handicapped child who is under age twenty-one;
      (3)   His or her aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for his or her own support;
      (4)   Any person whom, by law or by court order or decree, the offender is legally obliged to support.
   (b)   No person shall aid, abet, induce, cause, encourage or contribute to a child or a ward of the juvenile court becoming a dependent child, as defined in Ohio R.C. 2151.04 or a neglected child as defined in Ohio R.C. 2151.03.
   (c)   It is an affirmative defense to a charge under subsection (a) hereof that the actor was unable to provide adequate support, and provided such support as was within his ability and means.
   (d)   It is an affirmative defense to a charge under subsection (a)(3) hereof that the parent abandoned, or failed to support the actor as required by law, while the actor was under age eighteen, or was mentally or physically handicapped and under age twenty-one.
   (e)   Whoever violates subsection (a) hereof is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender is guilty of nonsupport of dependents by reason of failing to provide support to his or her child as required by a child support order issued on or after April 15, 1985, pursuant to Ohio R.C. 2151.23, 3105.21, 3109.05, 3111.13, 3113.04, 3113.31 or 3115.22, the court, in addition to any other sentence imposed, shall assess all court costs arising out of the charge against the person and require the person to pay any reasonable attorney's fees of any adverse party other than the State, as determined by the court, that arose in relation to the charge. Whoever violates subsection (b) hereof is guilty of contributing to the nonsupport of dependents, a misdemeanor of the first degree. Each day of violation of subsection (b) hereof is a separate offense.
(ORC 2919.21)