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Criminal Resource Manual

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]