If it appears to the court upon the trial of an action against a husband or wife to provide support for that person's spouse and minor children that that person is able to support or contribute to the support of that person's spouse and said children and that the person neglects or refuses to perform the person's duty in that respect, the court may render such judgment as to the support by the person of that person's spouse and said children as is equitable in view of the circumstances of both parties.
N.D.C.C. § 14-08-02