Filing Federal Criminal Non-support Charges
FILING FEDERAL CRIMINAL NON-SUPPORT CHARGES
The Dead Beat Parents Punishment Act , 18 U.S.C. 228, makes it federal crime to willfully fail to pay child support in some interstate cases. To qualify, support must be past due for least one year or $5000. This is punishable by six months in jail and a fine. If 2 years or more behind in or payments, or more than $10,000, it is punishable by up to 2 years in jail.
Willfulness under the Deadbeat Parents Punishment Act is defined the same as the federal criminal tax law: as the knowing and intentional violation of a known legal duty. The government must prove that the non-paying parent had the money and the ability to pay the obligation but chose not to pay.
Having made partial payments doesn’t mean that these charges cannot be filed. However, partial payments may show that the non-payor didn’t have the ability to pay the entire child support obligation. An investigation should be done to determine if partial payments are being made-50-
Prosecution under this law should take place in the Federal District Court in the state where the children live. Benefits include the child support agency’s records of payments and arrearage are in the children’s district; there would not be any transportation costs for the custodial parent and children can serve as witnesses, and if the family has or is receiving welfare, the welfare records are also in the district where the children live.
It is more difficult to get accepted by U.S. Attorney than by a local prosecutor and the case will take longer to process and prosecute.
To be successful there must be proof of adequate income and assets of the non-paying parent to prove that non-support was willful. It is best used to enforce orders if the non-paying parent is a state-hopper and wealthy.
Cases move more quickly when proper investigation and preparation is done by the local government child support agency or PSOC (Please Support Our Children) which is a cooperative federal and local law enforcement program, before referral to U.S. Attorney.
How it works:
Your case is referred to the U. S. Attorney by your local government child support agency or an attorney. The FBI and/or PSOC is responsible to investigate cases which are federally prosecuted.
Once adequate evidence is gathered, the U.S. attorney arranges for a federal warrant to be issued. Then, a U.S. Marshal arrests the non-paying parent and transports them to the state where the
U. S. Attorney General filed charges to stand trial.
https://aces-childsupport.org/federal-non-support/https://aces-childsupport.org/wp-content/uploads/2016/12/fbi.jpghttps://aces-childsupport.org/wp-content/uploads/2016/12/fbi-150x150.jpgHow to Collect Child Supportchild uspport enforcment,FBI,Federal courts,federal criminak nonsupport law,US AttorneyFILING FEDERAL CRIMINAL NON-SUPPORT CHARGES The Dead Beat Parents Punishment Act , 18 U.S.C. 228, makes it federal crime to willfully fail to pay child support in some interstate cases. To qualify, support must be past due for least one year or $5000. This is punishable by six months in...ACESACES Single Partent Coaching email@example.comAdministratorACES - Advocate, coach, Empower Single Parents