Defendants may attempt to bring collateral issues as defenses to
prosecution, such as the failure of the custodial parent to comply with the
defendant's visitation rights or the validity of the underlying support
These collateral attacks are not defenses to a Child Support Recovery Act
Four Courts of Appeals have upheld the CSRA in published decisions.
United States v. Bongiorno, 1997 WL 42994 (1st Cir. Feb. 7, 1997);
United States v. Hampshire, 95 F.3d 999 (10th Cir. 1996); United
v. Mussari, 95 F.3d 787 (9th Cir. 1996); United States v. Sage,
F.3d 101 (2d Cir. 1996).
In February 1997, appeals were pending in the Third and Fifth Circuits
adverse rulings in the Eastern District of Pennsylvania and the Western
of Texas. Assistant United States Attorneys should consult with the Child
Exploitation and Obscenity Section if they are presented with this kind of
[cited in USAM 9-74.100]