Ind. Code § 35-46-1-5
(d) It is a defense that the accused person was unable to provide support.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.88; Acts 1978, P.L.144, SEC.9; P.L.213-1996, SEC.4; P.L.123-2001, SEC.4; P.L.158-2013, SEC.552; P.L.148-2014, SEC.1.