A federal law that's been on the books for nearly 12 years makes it a crime to cross state lines in an attempt to avoid paying child support, as a 1998 CNN article explains. The so-called Deadbeat Parents Punishment Act (DPPA) makes the offense a felony under federal law.
Parents who regularly worry whether or not their ex (or former partner) will pay child support have little to lose by contacting an Illinois family lawyer, many of whom provide free initial consultations. But if it exceeds the threshold of the DPPA, it becomes a criminal matter as well.
Parents owing $10,000 or more in payments or who haven't paid support in more than two years can face up to two years in prison if convicted. If a parent is more than one year or more than $5,000 behind in payments, the offender faces misdemeanor charges.
In either case, the violator also must have traveled to another state "with the intent to evade a support obligation," according to the US Dept. of Justice. If convicted, the court may collect restitution for the other parent in an amount "equal to the past due support obligation as it exists at the time of sentencing."
Another important element of the crime is whether the alleged deadbeat parent was indeed able to pay the court-ordered support, which may be more of a factor during the current economic recession.
Prosecutors do not indict all offenders, as with most other criminal cases. The DOJ states that prosecutors consider the following factors before deciding whether to move ahead:
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Have you pursued all available state remedies?
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Has the alleged violator shown a pattern of moving around to avoid payments?
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Has the alleged violator attempted to conceal his or her whereabouts?
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Has the alleged violator failed to comply with previous court orders?
Related Resources:
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Child Support Enforcement Resources (FindLaw)
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Dina Lohan: Deadbeat Dad Michael Lohan Hasn't Paid Child Support in Nearly a Year (New York Daily News)
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Locate a Chicago Family Law Attorney (FindLaw)
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