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 JM 9-74.100]