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Child Support Enforcement
Remedies
for Collecting Child Support Start at the State Level:
There are
a variety of state civil and criminal remedies for collecting child support
in addition to assistance locating parents who fail to make court ordered
child support payments. In each state there are agencies, known as
"Title IV-D" agencies, which are required by Federal law to
provide child support enforcement services to anyone who requests such
services. To locate your local child support enforcement agency, go to http://www.acf.hhs.gov/programs/cse/extinf.htm#exta.
Child
Support Recovery Act
Federal
child support enforcement became possible with the passage of the Child
Support Recover Act (CSRA) in 1992. The CSRA aimed to deter nonpayment of
state ordered support obligations through vigorous prosecution of egregious
offenders. While federal prosecution efforts were successful under the
CSRA, some law enforcement agencies found that the simple misdemeanor
penalties provided for under the Act did not have the force to deter the
most serious violators.
Deadbeat
Parents Punishment Act
The
problem with enforcement under the CSRA was remedied in 1998 with the
passage of the Deadbeat Parents Punishment Act (DPPA) which created two new
categories of federal felonies for the most egregious child support
violators.
The
Law Today
Today, a
child support violator can be prosecuted under Federal law if the following
facts exists: 1) the violator willfully failed to pay; 2) a known child
support obligation; 3) which has a) remained unpaid for longer than a year
or is greater than $5,000 (misdemeanor), or has b) remained unpaid for
longer than two years or is greater than $10,000 (felony) 4) for a child
who resides in another state, or 1) the violator traveled in interstate or
foreign commerce; 2) with the intent to evade a support obligation; 3) if
such obligation has remained unpaid for a period of one year or longer-or
is greater than $5,000 (felony). See 18 U.S.C. §228.
Prosecutorial
Considerations
Even if
the above facts are present in an individual case, a decision whether or
not a federal prosecution will be pursued may also include the following
considerations: 1) Whether state civil and criminal remedies reasonable
available have first been pursued; 2) Whether the violator has exhibited a
pattern of moving from state to state to avoid payment; 3) Whether the
violator has actually attempted to conceal his whereabouts or identity
including using an alias or false social security number; and 4) Whether
the violator has failed to comply with a support order despite previous
contempt orders in state court.
For
further information, go to http://www.acf.hhs.gov/programs/cse/fct/cshdbk.htm.
U.S. Department of
Justice, Criminal Division ° Child Exploitation and Obscenity Section
(CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
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