18 U.S.C. § 228 — Failure to pay legal child support obligations

This section makes it a federal crime to willfully avoid paying child support across state lines. (a) The offense. It is illegal to do any of three things. First, willfully failing to pay child support for a child who lives in another state, when the unpaid amount has gone unpaid for more than 1 year, or is more than $5,000. Second, traveling across state or national borders intending to dodge a child support obligation, when that debt has gone unpaid for more than 1 year, or is more than $5,000. Third, willfully failing to pay support for a child in another state when the debt has gone unpaid for more than 2 years, or is more than $10,000. Any of these is punished as described in subsection (c). (b) Presumption about ability to pay. If a support obligation existed during the time period charged, the law presumes the person owing support was able to pay it during that time — the accused can try to prove otherwise. (c) Punishment. A first offense under the first rule in (a) — unpaid over 1 year or over $5,000 — is punished by a fine, up to 6 months in prison, or both. An offense under the second or third rule in (a), or a second or later offense under the first rule, is punished by a fine, up to 2 years in prison, or both. (d) Mandatory restitution. If convicted, the court must order the person to pay restitution equal to the full amount of unpaid support owed at the time of sentencing. (e) Venue. The case can be prosecuted in the federal court district where the child lived during the unpaid period, where the person owing support lived during that period, or any other district where the law otherwise allows. (f) Definitions. "Indian tribe" has the meaning given in the Federally Recognized Indian Tribe List Act of 1994. "State" includes any U.S. state, the District of Columbia, and any U.S. commonwealth, territory, or possession. A "support obligation" is any amount a court order, or an administrative order under state or tribal law, says someone owes for supporting a child, or a child and the parent the child lives with.