Deadbeat Parents: Other Child Support Legislation:
(Provided by: Divorce Source, Inc. Staff)
The Child Support Recovery Act of 1992 makes it a Federal crime to willfully fail to pay a past-due child support obligation for a child living in another state. The past-due child support obligation must be either greater than $5,000 or must have remained unpaid for more than one year. In order to establish willfulness, the United States Attorney's Office must prove that the noncustodial parent knew about the obligation, was financially able to meet it at the time it was due, and intentionally did not pay it.Go to: Deadbeat Parents Informational SectionThe U.S. Department of Justice has developed guidelines to implement this act. A major consideration in screening a case for possible Federal prosecution is whether all reasonably available civil and state criminal remedies have been exhausted. The Child Support Recovery Act can be most effectively implemented in cases in which state remedies are ineffective. In 1998, the Deadbeat Parents Punishment Act added teeth to the Child Support Recovery Act by make it a federal crime to cross state lines with the intention of escaping child support. A parent found in violation of the Deadbeat Parents Punishment Act of 1998 faces up to six months in federal prison plus a fine. The law was designed to punish those parents who have systemically avoided all financial responsibility of support to biological or adoptive children. The legislation is very clear in its understanding of what constitutes a violation of the law and narrowly outlines the financial considerations that must be present for a conviction to be sought and made. The burden of proof is on the government, which must establish that the deadbeat 1) had the ability to pay, 2) willfully failed to pay, 3) traveled to a different state with the intent to evade payment.
Improved technology has also come into play against deadbeat parents. The Automated Child Support Enforcement System (ACSES) is a new computerized network used in most jurisdictions to collect child support. This system has helped diminish the amount of unpaid support and has allowed for a greater opportunity to collect back-due child support.
Nongovernmental agencies also are available to help custodial parents. The Association for Children for the Enforcement of Support (ACES), the largest nonprofit child support group in the United States, assists disadvantaged children affected by parents who fail to meet their legal, moral and financial obligations to support them. The Association for Children for Enforcement of Support: www.childsupport-aces.org. The telephone number is 800-537-7072.
Go to: Child Support Informational Section
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