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.
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