Written by attorneys · grounded in primary & secondary sources — see below
A federal statute that criminalizes the willful failure to pay certain past-due child support obligations when the child resides in another state. The statute authorizes fines or imprisonment for qualifying nonpayment and treats the offense as a continuing violation for purposes such as venue. Ability to pay is an element of the offense but is rebuttably presumed from the existence of a support order.
Sources & Authorities
How it applies
Common Examples
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Venue in Child's Residence District
Caitlin Crowley resides in State A and earns wages there after separating from Craig Caldwell. A support order entered in State B requires her to pay child support for their daughter, who now lives with Craig in State C. Caitlin makes no payments for over two years despite receiving regular income. The government indicts her in the District of State C. Venue lies there because the continuing offense of willful nonpayment is completed where the child resides and experiences the ongoing deprivation.
Interstate Element Supports Federal Reach
Christine Castro lives in State X and works for Canyon Construction with payroll processed in State Y. After her divorce, her son moves with his custodial parent to State Z. Christine stops all support payments for more than a year while remaining in State X. Federal prosecutors charge her under the statute. The interstate residence of the child supplies the required jurisdictional link even though Christine never travels to State Z.
Select any source to read its text and confirm it supports the definition.
Cases
Casebooks
Course Outlines
Study Supplements
Criminal Sanction After Civil Proceedings
Christopher Collins owes substantial arrears under a State P support order after his child relocates with the custodial parent to State Q. Civil enforcement efforts fail to produce payments. Federal authorities then indict him for willful nonpayment across state lines. The criminal case proceeds independently of any prior civil contempt findings.
Common questions
Frequently Asked
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Where is venue proper in a Child Support Recovery Act prosecution?+
Venue is proper in any district where the offense was begun, continued, or completed. Courts have held that the continuing failure to pay support owed to a child residing in the district satisfies the continuation or completion element even when the defendant never enters that district.
Supporting sources
Is ability to pay an element of a Child Support Recovery Act offense?+
Yes. Ability to pay is an element of the crime. Proof that a support obligation was in effect creates a rebuttable presumption of ability to pay, though shifting the burden of persuasion may raise constitutional concerns.
Supporting sources
What penalties does the Child Support Recovery Act authorize?+
The statute authorizes imprisonment for up to six months for willful failure to pay support for a child in another state for more than a year. Longer terms of up to two years apply when the defendant travels in interstate commerce with intent to evade the obligation or fails to pay for more than two years.
Supporting sources
How does the Child Support Recovery Act interact with state enforcement efforts?+
The federal statute supplements state criminal and civil remedies. States may still pursue their own prosecutions or use mechanisms such as wage withholding and passport denial, while the federal offense targets interstate nonpayment that state processes have not resolved.
Supporting sources
529 U.S. 598 (2000)Constitutional Law
…movement of some relevant object, thereby regulating local criminal activity or, for that matter, family affairs. See, e. g. , Child Support Recovery Act of 1992, 18 U. S. C. § 228. Although this possibility does not give the Federal Government the power to regulate everything, it means that any substantive limitation will apply randomly in…
Family LawSeparation, divorce, dissolution, and annulment · Enforcement of awardsUBEFoundational