CALIFORNIA FAMILY LAW
...
Enforcement
......
Interstate Enforcement (UIFSA)
.........Federal Interstate Crim. Enfrcmt. (CSRA)
8 Cards On This Topic:
Failure to pay interstate child support obligation may be federal criminal offense under Child Support Recovery Act of 1992 (CSRA).
Court properly required F to pay interest on past-due Georgia c/s payments; court correctly concluded he had to pay part of restitution to Georgia, but only after mother paid in full.
Child support awards fall within narrow class of obligations that may be enforced by imprisonment without violating constitutional prohibition against slavery.
Possibility court will order restitution, as well as 6-mo. sentence, does not turn otherwise petty offense into serious one, and H who willfully failed to pay c/s not entitled to jury trial.
Restitution under Child Support and Recovery Act includes entire past due support, not just period covered by indictment; Ct. need not inquire into D’s ability to pay prior to ordering restitution
Parent who has ability to pay part, but not all, of child support arrearages and failed to do so may be convicted of violating CSRA.
Congress has power under Commerce Clause to regulate obligation of parent in one state to support child in another state.
Dist. ct. violated ex post facto clause by grounding conviction on instances of D's ability to pay and nonpayment of child support predating effective date of Child Support Recovery Act.