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.