Accidents & CrimesChild Support Enforcement and Federal Criminal Law

Child Support Enforcement and Federal Criminal Law


- Advertisment -spot_img

Child support enforcement is a growing area of family law.  Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. 

Although we hear a lot about “deadbeat parents” (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered.  But, when that is not the case, you have to know how child support enforcement works.

Child support enforcement in one form or another is available in every state for collecting against deadbeat parents.  Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver’s or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, this is a federal remedy which is often overlooked, but which is very effective.  That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support.  Relying on this criminal statute can be a very affect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order.  

However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state.  When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines.  A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now known as the Deadbeat Parents Punishment Act.  The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year.  

If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, it is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support. 

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution.  Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced.  

Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment.  A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you  with child support enforcement and collect the support due to you.

Disclaimer:  The contents of this site, such as text, graphics, images, and other materials contained on the page are for general information purposes only. This article is not a substitute for professional advice on the topics mentioned. This article does not create any form of offers to any legal or professional service. The site assumes no responsibility for errors or omissions in the contents. In no event shall the site be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action to follow the content, negligence or other tort, arising out of the use of the contents of the article. The blog reserves the right to make additions, deletions, or modifications to the contents at any time without prior notice. The site does not warrant that the site is free of viruses or other harmful components. It may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the site itself. It also does not provide professional advice, diagnosis, treatment or any legal service. The site does not endorse official procedures, legal actions or qualified services and the use of its contents are solely at your own risk.


Please enter your comment!
Please enter your name here

Latest news

Divorce & Health Insurance

Recently, I had a question from someone who was going through a divorce and was concerned about lost health...

Divorce & Health Insurance

Recently, I had a question from someone who was going through a divorce and was concerned about lost health...

Dissolution by Affidavit – Personal Appearance Not Required

The elimination of the requirement of personal appearance for hearing in Missouri dissolution of marriage actions arose out of,...

Discover The Nine Vital Questions You Need To Ask Before Hiring Your Personal Injury Lawyer

Once you know the right questions to ask, hiring your personal injury lawyer is not only easy, but you...
- Advertisement -spot_imgspot_img

Disciplining And Firing Employees

Perception is Reality – Discipline with Care! Disciplining and firing employees is one of the most crucial areas for consideration...

Dental And Medical Collection Legal Guidelines

Every medical and dental practice has to deal with patients who do not pay. If it doesn't deal with...

Must read

Deeds of Variation – Are They Justified?

Deciding to make a Will and then actually putting...

Courtroom FEA: But how does FEA work?

Many legal professionals are exposed to Finite Element Analysis...
- Advertisement -spot_imgspot_img

You might also likeRELATED
Recommended to you