THE CHILD SUPPORT RECOVERY ACT OF 1992





What is the Child Support Recovery Act of 1992?

The Child Support Recovery Act of 1992 makes it a Federal crime to
willfully fail to pay a past-due child support obligation for a child
living in another State.  The past-due child support obligation must
be either greater than $5,000 or must have remained unpaid for more
than one year.  In order to establish willfulness, the United States
Attorney's Office must prove that the noncustodial parent knew about
the obligation, was financially able to meet it at the time it was
due, and intentionally did not pay it.

How is the Child Support Recovery Act of 1992  enforced?

The U.S. Department of Justice has developed guidelines to implement
this Act.  A major consideration in screening a case for possible
Federal prosecution is whether all reasonably available civil and
State criminal remedies have been exhausted.  The Act can be most
effectively implemented in cases in which State remedies are
ineffective.

How does the Child Support Recovery Act of 1992 fit into the Child
Support Enforcement (CSE) Program?

The CSE Program, under Title IV-D of the Social Security Act, is a
Federal/State/local effort to collect support from parents who are
legally obligated to pay.  While programs vary from State to State,
services are available to all parents who need them.  State CSE
Programs locate noncustodial parents; establish paternity; establish,
enforce, and modify support orders; and collect support payments.
The Child Support Recovery Act adds another remedy to the variety of
enforcement tools available to collect child support payments.

Which cases are generally considered suitable for prosecution?

Cases considered suitable for prosecution are those in which all
reasonably available remedies have been exhausted.  Among such cases
priority is given:

            (1) where there is a pattern of
            moving from State to State to
            avoid payment;

            (2) where there is a pattern of
            deception (e.g., use of false
            name or Social Security
            Number);

            (3) where there is failure to
            make support payments after
            being held in contempt of
            court; and

            (4) where failure to make
            support payments is connected
            to some other Federal offense
            such as bankruptcy fraud.

Where does one go to find out if the Child Support Recovery Act of
1992 applies to his/her case?

One should check with the local CSE Office.  U. S. Attorneys have
established referral procedures with State CSE Offices.

Generally, cases that are accepted for possible Federal prosecution
will be those that have proved unenforceable using the tools that are
available through the CSE Program.   Someone applying directly to the
U.S. Attorney's Office may be referred to the State or local CSE
Office for review of his/her case to ensure that other appropriate
remedies have been tried.

When the CSE Office has screened and referred the case, the United
States Attorney can be reasonably assured of receiving significant
information about the case and that the civil and State criminal
remedies are exhausted.

What are the penalties under this law?

Failure to pay support for a child living in another State is
punishable by up to six months imprisonment and/or a fine.  Second
and subsequent violations are punishable by two years imprisonment
and/or a fine.

What information is needed to prosecute a case?

Custodial parents can help their State CSE Office and the United
States Attorney by providing the noncustodial parent's name, Social
Security Number, address, date and place of birth, home/ work
telephone numbers, past employment history, and assets.  It is also
helpful for the custodial parent to provide the divorce/separation
agreement, child and/or spousal support order, complete record of any
child support payments received, and history of actions taken to
enforce the obligation.

Is there a fee for child support services?

State CSE Offices charge an application fee of not more than $25 for
non-AFDC (Aid to Families with Dependent Children) cases, although
some States absorb all or part of the fee.  AFDC recipients do not
have to pay for child support enforcement services.  The Department
of Justice does not charge a fee for prosecuting criminal nonsupport
cases.

For more information about this law in your State, you may contact
your local CSE Office which is usually located in the human services
agency.  State CSE Agencies telephone numbers (and toll-free numbers
when available) are listed in this brochure.  The State CSE Agency
will be able to give you the telephone number for your
local CSE office.