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.