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Child support in the United States: Difference between revisions

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(Created page with "Regardless of the marital status, refusal to pay child support can result in both civil & criminal contempt. ==Crime== While state agencies address non-payment of child suppo...")
 
 
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==Crime==
==Crime==
While state agencies address non-payment of child support, there exist federal statutes criminalizing refusal to pay child support. According to [https://www.law.cornell.edu/uscode/text/18/228 18 U.S. Code § 228], non-payment of a legal child support obligation is a criminal offense.
While state agencies address non-payment of child support, there exist federal statutes criminalizing refusal to pay child support. According to [https://www.law.cornell.edu/uscode/text/18/228 18 U.S. Code § 228], non-payment of a legal child support obligation is a criminal offense. To meet the criminal threshold, the back child support amount must exceed $5,000 (as of 2023) 18 U.S.C. § 228 (a)(1).


==Cooperation among states==
==Cooperation among states==
Inter-state enforcement of child support is laid out in federal code: [https://www.law.cornell.edu/uscode/text/42/666 42 U.S.C. § 666(a)(9)(B)].
Inter-state enforcement of child support is laid out in federal code: [https://www.law.cornell.edu/uscode/text/42/666 42 U.S.C. § 666(a)(9)(B)].
== Uniform Interstate Family Support Act (UIFSA) ==
Under Uniform Interstate Family Support Act (UIFSA [https://www.acf.hhs.gov/css/policy-guidance/pl-113-183-uifsa-2008-enactment 2008]), if either parent still resides in the state that issued a child-support order, then only the state which issued the order has the jurisdiction to modify it.
==Cases==
*[[Turner v. Turner (1995)]]

Latest revision as of 11:57, June 4, 2023

Regardless of the marital status, refusal to pay child support can result in both civil & criminal contempt.

Crime

While state agencies address non-payment of child support, there exist federal statutes criminalizing refusal to pay child support. According to 18 U.S. Code § 228, non-payment of a legal child support obligation is a criminal offense. To meet the criminal threshold, the back child support amount must exceed $5,000 (as of 2023) 18 U.S.C. § 228 (a)(1).

Cooperation among states

Inter-state enforcement of child support is laid out in federal code: 42 U.S.C. § 666(a)(9)(B).

Uniform Interstate Family Support Act (UIFSA)

Under Uniform Interstate Family Support Act (UIFSA 2008), if either parent still resides in the state that issued a child-support order, then only the state which issued the order has the jurisdiction to modify it.

Cases