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.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified child support lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local child support attorney to discuss your specific legal situation.