U.S. Federal law says that it can be a crime, in some situations, if you purposely fail to pay child support obligations. The offense can result in fines and a federal prison sentence of between six months and two years. Please contact a skilled criminal defense attorney now if you have been charged with any type of federal crime.
How Does Federal Law Define “Failure to Pay Child Support Obligations”?
18 USC 228 is the federal statute that sets forth the crime of failure to pay child support. In general, your are guilty of this offense if:
- You willfully fail to pay a child support obligation with respect to a child who resides in another state,
- The obligation has remained unpaid for over a year, and
- The obligation is in the amount of $5,000 or more.
What are the Penalties?
A first offense under 18 U.S.C. § 228 is a misdemeanor and can result in a fine and up to six months in prison.
A second or subsequent offense, or a violation involving payments overdue for two years or exceeding $10,000, is a felony and can result in a fine and up to two years in prison.
Please also note that, in addition to potential criminal charges, failure to pay child support can lead to other penalties, such as:
- Wage garnishment,
- Tax refund interception,
- Asset seizure, and
- Suspension of licenses.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a failure to pay child support charge with a legal defense. A common defense is for you to show that you did not act with criminal intent. Recall that 18 USC 228 says that you are only guilty of a crime if you acted willfully. Therefore, you can try to avoid guilt by showing that you did not fail to pay child support on purpose. Maybe, for example, you forgot about an obligation or never knew of one.
Your criminal defense attorney can also try and show that the authorities violated your rights, maybe by:
- Arresting you without probable cause,
- Coercing a confession, or
- Conducting an unlawful search and seizure.
If any of the above, your criminal defense lawyer can try to reduce your charges or get them dismissed.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a failure to pay child support charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various federal charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik
