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1951

Elements of the Offense of Failure to Pay Child Support

In order to establish that an individual has violated 18 U.S.C. section 228, the United States must prove that:

  1. There is a known past due child support obligation;

  2. The obligation has remained unpaid for longer than one year OR is an amount greater than $5,000;

  3. The obligation is for a child who resides in another state (interstate flight is not an element of the offense).

  4. The defendant had the ability to pay;

  5. The defendant willfully failed to pay.

[cited in USAM 9-74.100]