§228 Failure to pay legal child support obligations

Summary

Makes it a crime to deliberately not pay court-ordered child support for a child who lives in another State, or to travel across state lines or to another country to try to avoid paying. If the unpaid amount has lasted more than 1 year or is more than $5,000, a first offense can bring a fine, up to 6 months in jail, or both. If the unpaid amount lasted more than 2 years or is more than $10,000, or if someone travels to evade payment, or it is a repeat offense, the penalty can be a fine, up to 2 years in prison, or both. The court must also order repayment equal to the total unpaid support at sentencing. If a support order covered the charged time, the law assumes the payer could pay then unless they prove otherwise. Cases can be tried in the federal district where the child lived, where the payer lived, or another proper district. Definitions: Indian tribe — as defined in the Federally Recognized Indian Tribe List Act of 1994; State — any U.S. State, D.C., or U.S. territory; support obligation — an amount a court or tribal or state agency says must be paid for a child’s support.