Also known as: Child Support Recovery Act · CSRA
Written by attorneys · grounded in primary & secondary sources — see below
A federal statute that criminalizes the willful failure to pay past-due child support for a child residing in another state by the obligor.
Catherine Carter lives in State A and earns wages there while ignoring repeated requests for child support payments. Her child resides with the custodian in State B. Prosecutors file charges in the District of State B. The court upholds venue because the continuing offense extends to the district where the child lives and the obligation remains unmet.
Caitlin Crowley fails to make required support payments to her former spouse for their child after a state court order. The ex-spouse initiates civil contempt proceedings in state court. The court proceeds without appointing counsel for Crowley. The outcome turns on whether due process requires appointed counsel in such hearings that may result in incarceration.
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Carlos Castillo resides in one state and withholds support payments for a child living in another state. Federal prosecutors charge him under the statute. Castillo moves to dismiss arguing Congress lacked power to enact the criminal provision. The court evaluates whether the interstate elements of the offense fall within Congress's commerce authority.
Venue lies in any district where the offense was begun, continued, or completed. The continuing nature of willful nonpayment allows venue in the district where the child resides because that is where the harm from nonpayment is ongoing and the obligation is owed.
Yes. Courts treat the offense as continuing in the district where the child lives and support payments are due. The location of the obligor's decisions and employment does not limit venue to those districts.
Yes. Continuous residence, receipt of salary, and maintenance of bank accounts in one district support a finding that the offense continued there over multiple years of nonpayment.
…movement of some relevant object, thereby regulating local criminal activity or, for that matter, family affairs. See, e. g. , Child Support Recovery Act of 1992, 18 U. S. C. § 228. Although this possibility does not give the Federal Government the power to regulate everything, it means that any substantive limitation will apply randomly in…