Federal Enforcement of Child Support
Title 18, United States Code, Section 228, the Child Support Recovery
of 1992 (CSRA), makes the willful failure to pay a past due support
with respect to a child residing in another State a Federal offense. A
violation of the CSRA is punishable by a maximum six months imprisonment
a fine. Subsequent violations are punishable by a maximum two years
and/or a fine.|
Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 et
seq., requires states to establish programs for the enforcement of child
support. The agencies operating these programs are known as IV-D agencies
must pursue child support on behalf of individuals who are receiving public
assistance as well as at the request of individuals who are not. IV-D
have a great deal of information concerning violations of the CSRA. U.S.
Attorneys are encouraged to coordinate with IV-D officials or their
other appropriate officials on local and state levels to establish and/or
referral procedures, and may wish to establish local committees to develop
guidelines and procedures, or draft and execute a Memorandum of
define the referral procedures and guidelines.
Complaints and referrals for investigation may also come from private
lawyers, advocacy groups, or from individuals. These complainants should be
strongly encouraged to pursue their available remedies, and to seek any
subsequent referral for prosecution through the IV-D agency or other
state or local agency.
It is recommended that U.S. Attorneys in multi-district states work
together to develop a uniform state-wide approach to avoid marked
referral procedures and guidelines within the same state.
[cited in USAM 9-74.100]