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: There is a known past due child support obligation; The obligation has remained unpaid for longer than one year OR is an amount greater than $5,000; The obligation is for a child who resides in another state (interstate flight is not an element of the offense). The defendant had the ability to pay; The defendant willfully failed to pay. [cited in USAM 9-74.100]