Although child support obligations are determined by state courts, failure to pay court ordered child support can be a serious crime. State and federal laws apply when a child support payor fails to pay support or tries to get out of paying by fleeing or hiding. The federal laws on child support fraud are found in 18 United States Code section 228, commonly referred to as the Deadbeat Parents Punishment Act, or DPPA.
Violations
Under federal law, two kinds of activities constitute criminal failure to pay child support: willfully failing to pay child support and traveling to another state with the intent to avoid or otherwise evade child support payments.
18 U.S.C. section 228 (a)(1) states that anyone who fails to pay child support to a child that resides in another state for a period of one year or more, or for an amount in excess of $5,000, commits failure to pay child support offense. Further, enhanced punishments are required when the time period is more than two years or the amount is more than $10,000.
18 U.S.C. 228 (a)(2) keeps the same $5,000 or one-year elements, but adds that if the person tries to evade payments by traveling between states, this is also an offense.
Punishments
When someone fails to pay child support for a year or for an amount greater than $5,000, the potential punishment is up to six months in prison and a fine of up to $5,000. If the person fails to pay for two years or more, or for an amount greater than $10,000, travels between states to avoid payment or commits a second offense under the federal law, the punishment increases to up to two years in prison and up to $25,000 in fines.
Further, anyone convicted of an offense must also pay restitution. This is in addition to any fines, court fees or other costs associated with the crime.
Prosecutions
Federal criminal laws are enforced by the U.S. Department of Justice through the various United States Attorneys' Offices located throughout the country. These federal prosecutors are responsible for charging individuals with any child support violation. These charges exist independently of any state criminal charges that may apply, meaning a child support violator can face state and federal charges for failure to pay child support.
As prosecutors, the United States Attorneys have discretion in the crimes they choose to prosecute. The Department of Justice allows the attorney to take into consideration various factors when deciding on whether to prosecute these crimes. These factors include: if state civil and criminal remedies have already been pursued, if the violator exhibits a pattern of evasion, if the violator has attempted to conceal his location or identity, and if the violator has a pattern of failing to pay child support.
References
- Cornell University Law School Legal Information Institute: 18 U.S.C. 228
- Cornell University Law School Legal Information Institute: 18 U.S.C. 3559
- Cornell University Law School Legal Information Institute: 18 U.S.C. 3571
- U.S. Department of Justice: Child Exploitation and Obscenity Section: Child Support Enforcement
