What If The Noncustodial Parent Keeps Moving To Avoid Paying?

The Child Support Recovery Act of 1992 makes it a federal crime to willfully fail to pay support if the child and the noncustodial parent live in different states. The parent can be charged with a felony if the past due child support exceeds $5,000, or, is more than one­year delinquent. In order to convict under this act, the U.S. Attorney must prove in court that the parent was financially able to meet the child support payment at the time that it was due. Additionally, it must be considered whether all reasonably available civil and state criminal remedies have been pursued. Certain priorities exist, where there is a pattern of moving between states to avoid payment; where there is a pattern of deception; where the parent is in contempt for failure to make support payments, and where it is connected to some other federal offense such as bankruptcy fraud.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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