Scott, Quinlan, Willard, Barnes & Keeshan, L.L.C.

Child Support Recovery Act

The Child Support Recovery Act of 1992 (CSRA), makes the willful failure to pay a past due support obligation with respect to a child residing in another state a federal misdemeanor offense. 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.
FBI Has Primary Investigative Jurisdiction

When the CSRA became law in 1992, the FBI was given primary investigative jurisdiction. However, Special Agents of the Office of Investigations in the Office of the Inspector General, United States Department of Health and Human Services (DHHS), have also been given authority to investigate violations of the CSRA. The guidelines make the United States Attorney in each judicial district responsible for determining which cases will be selected for investigation and prosecution. The FBI cannot accept individual complaints from lawyers, advocacy groups, or from individual citizens. According to the Attorney General's guidelines, the FBI can only open cases upon referral from a United States Attorney's Office (USAO).
Priority Case

The Attorney General's guidelines are intended to ensure effective prosecution of the CSRA by providing a means for selecting egregious cases that states are unable to handle because of the interstate nature of the case or in which federal prosecution is deemed more appropriate. As a general principle, cases are usually accepted only when the referral clearly indicates that all reasonable and available remedies at the state level have been exhausted. Priority is given to those cases where the following are established:

A pattern of interstate flight to avoid payment or flight after service of process for contempt or contempt hearings;
A pattern of deception to avoid payment, such as changing employment, concealing assets or location, or using false names and/or social security account numbers;
A failure to make support payments after being held in contempt;
Where particular circumstances exist that dictate the need for immediate federal intervention, such as where the custodial parent and/or child have special medical needs or where the custodial family is in danger of eviction and homelessness;
When the failure to make child support payments has a nexus to other potential federal charges, such as bankruptcy fraud, bank fraud, federal income tax charges, or other related criminal conduct; and
Where the children of the non-paying parent are still minors.

Enforcement of the CSRA

The U.S. Department of Justice has developed guidelines to implement the CSRA. 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 CSRA can be most effectively implemented in cases in which state remedies are ineffective.
CSRA and the Child Support Enforcement Program
The Child Support Enforcement (CSE) Program is a federal/state/local effort to collect support from parents who are legally obligated to pay. While programs vary from state to state, services are available to all parents who need them. State CSE Programs locate noncustodial parents; establish paternity; establish, enforce, and modify support orders; and collect support payments. The CSRA adds another remedy to the variety of enforcement tools available to collect child support payments.
Penalties Under CSRA

Failure to pay support for a child living in another state is punishable by up to six months imprisonment and/or a fine. Second and subsequent violations are punishable by two years imprisonment and/or a fine.