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Child Support Enforcement and Federal Criminal Law

by href="http://www.articleset.com/articles-by_Jean-Mahserjian_en.htm">Jean

Mahserjian | September 02, 2005

Once child support has been ordered by a Court, or agreed

upon by two parents, it is not always smooth sailing. Although we hear a lot

about "deadbeat parents" (and there are both moms and dads who are deadbeats),

the overwhelming majority of parents pay support and take care of their children

as agreed upon or ordered. But, when that is not the case, you have to know how

child support enforcement works.

Child support enforcmement in one form

or another is available in every state for collecting against deadbeat parents.

Those child support enforcement remedies include wage garnishment, intercepting

tax refunds, suspending a driver's or professional license, and more.

In

addition to the child support enforcement remedies that the individual states

provide, the is a federal remedy which is often overlooked, but which is very

effective. That child support enforcement remedy is the Child Support Recovery

Act of 1992.

Under the Child Support Recovery Act, the failure to pay

child support, if willful, is a federal crime if the parent who owes support

lives in a different state than the parent who is receiving the support. Relying

on this criminal statute can be a very effect child support enforcement

tool.

The purpose of the Federal Child Support Recovery Act was to

prevent a parent from moving to a different state or a foreign jurisdiction for

the purpose of evading a child support order. However, since we live in an

incredibly mobile society, it is not unusual to have a support paying parent in

one state and a support receiving parent living in another state. When that

happens, the Federal Act is available as a remedy for interstate child child

support enforcement.

A first offense under the Federal Child Support

Recovery Act can result in a prison sentence of up to six months in addition to

monetary fines. A second conviction can result in more jail time and greater

fines.

The Child Support Recovery Act was amended in 1998 and is now know

as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to

travel to another state to avoid a child support obligation, if that support

obligation is greater than $5000 and has remained unpaid for more than one year.

If the obligation is greater than $10,000 and has remained unpaid for more than

2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to

have not paid the child support.

The penalties available for child

support enforcement under the 1998 Deadbeat Parents Act include prison

sentences, fines and restitution. Restitution is the payment of money to the

custodial parent in an amount equal to the child support arrearage existing at

the time that the defendant is sentenced. Probation can also be imposed and can

include conditions such as the payment of child support and mandatory

employment. A violation of those terms of probation can result in the imposition

of additional prison time.

If you are owed child support and the parent

who is supposed to pay lives in another state, consult with an attorney to

discuss whether the Federal Deadbeat Parents Act can help you with child support

enforcement and collect the support due to you.

Article Source: href="http://www.articleset.com">http://www.articleset.com

About the Author

Jean Mahserjian is an attorney and the author of

numerous websites and books devoted to helping consumers through the process of

divorce. To download free excerpts from her divorce and custody books, visit: href="http://www.millenniumdivorce.com/" target=new

rel=nofollow>http://www.millenniumdivorce.com href="mailto:jmm@millenniumdivorce.com"

rel=nofollow>jmm@millenniumdivorce.com

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