§228 Failure to Pay Legal Child Support Obligations

Summary

Makes it a crime to willfully not pay court-ordered child support for a child who lives in another State, or to travel across state or national borders to try to avoid paying it, when the unpaid amount has lasted more than 1 year or is more than $5,000. A similar offense applies if the unpaid amount has lasted more than 2 years or is more than $10,000. If a support order covered the time charged, the law creates an assumption that the person could pay during that time unless they show otherwise. A first offense under the 1-year/$5,000 rule can bring a fine, up to 6 months in jail, or both. Traveling to evade, the 2-year/$10,000 case, or repeat offenses can bring a fine, up to 2 years in jail, or both. The court must order repayment equal to all unpaid support at sentencing under section 3663A. Prosecution may happen where the child lived, where the payer lived, or any district with proper jurisdiction. Definitions: "Indian tribe" — meaning given in the Federally Recognized Indian Tribe List Act of 1994; "State" — includes states, D.C., and U.S. territories and possessions; "support obligation" — amounts a court or administrative order says are due for the support of a child (or the child and the parent with whom the child lives).