Federal criminal prosecution

The child support office can refer a parent to the U.S. Attorney's Office for federal criminal prosecution for intentionally not paying support.

The U.S. attorney gives priority to cases where the parent who owes child support:

• Moves from state to state to avoid payment
• Owes at least $5,000
• Fails to pay support after being found in contempt of court
• Fails to make support payments in connection with another federal offense
• Fails to pay support on a case including at least one minor child.

The child support office may consider this if all of the following are true:

• A court-ordered child support obligation exists.
• The parent who owes support:
  • Knew of the support obligation
  • Had the ability to pay the support
  • Willfully failed to pay the support
  • Crossed state lines to avoid paying the support
  • Has not made any payments within the last year or has accrued arrears of at least $5,000.
• The child support office has exhausted all reasonable legal remedies, such as contempt.

Exclusions

The child support office will not refer a parent if any of the following is true:

• The case does not meet the criteria
• Court order prohibits federal criminal prosecution
• The parent filed bankruptcy and remains protected.

Authority

• 18 United States Code, section 228