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18 U.S.C. § 228 — Failure to pay legal child support obligations

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 228 — Failure to pay legal child support obligations

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Stable record: federal_law:legal_authorities:record_usc_fde6180f3e2c8c49b30b1879
Source file: Laws/federal/codes/united-states-code/title-18/section-228-failure-to-pay-legal-child-support-obligations--7cbabda33e.md
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Source location: Title 18, Chapter 11A, § 228; chapter-11a-child-support.md

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**(a) Offense.—** Any person who— (1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; (2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or (3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c). **(b) Presumption.—** The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period. **(c) Punishment.—** The punishment for an offense under this section is— (1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and (2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both. **(d) Mandatory Restitution.—** Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid support obligation as it exists at the time of sentencing. **(e) Venue.—** With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for— (1) the district in which the child who is the subject of the support obligation involved resided during a period during which a person described in subsection (a) (referred to in this subsection as an “obliger”) failed to meet that support obligation; (2) the district in which the obliger resided during a period described in paragraph (1); or (3) any other district with jurisdiction otherwise provided for by law. **(f) Definitions.—** As used in this section— (1) the term “Indian tribe” has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ([25 U.S.C. 479a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section479a&num=0&edition=prelim)); 11 See References in Text note below. (2) the term “State” includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and (3) the term “support obligation” means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5130 — Definitions

For the purposes of this title: 11 See References in Text note below. (1) The term “Secretary” means the Secretary of the Interior. (2) The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. (3) The term “list” means the list of recognized tribes published by the Secretary pursuant to [section 5131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 479a — Transferred

### Statutory Notes #### Codification Section 479a was editorially reclassified as [section 5130 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5130&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3797 — Transferred

### Statutory Notes #### Codification Section 3796ll–2 was editorially reclassified as [section 10533 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10533&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12301 — Definitions

For purposes of this subchapter— (1) the term “Conference” means the 1993 White House Conference on Children, Youth, and Families; and (2) the terms “child”, “youth”, and “young individual” means 11 So in original. Probably should be “mean”. an individual who is less than 21 years of age.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3563 — Conditions of probation

**(a) Mandatory Conditions.—** The court shall provide, as an explicit condition of a sentence of probation— (1) for a felony, a misdemeanor, or an infraction, that the defendant not commit another Federal, State, or local crime during the term of probation; (2) for a felony, that the defendant also abide by at least one condition set forth in subsection (b)(2) or (b)(12), unless the court has imposed a fine under this chapter, or unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the other conditions set forth under subsection (b); (3) for a felony, a misdemeanor, or an infraction, that the defendant not unlawfully possess a controlled substance; (4) for a domestic violence crime as defined in section 3561(b) by a defendant convicted of such an offense for the first time that the defendant attend a public, private, or private nonprofit offender rehabilitation program that has been approved by the court, in consultation with a State Coalition Against Domestic Violence or other appropriate experts, if an approved program is readily available within a 50-mile radius of the legal residence of the defendant; (5) for a felony, a misdemeanor, or an infraction, that the defendant refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on probation and at least 2 periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendant’s presentence report or other reliable sentencing information indicates a low risk of future substance

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3515d — Expenses of Office of Inspector General; protective services; investigating non-payment of child support

For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $33,849,000: Provided, That of such amount, necessary sums are available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under [section 228 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section228&num=0&edition=prelim), each of which activities is hereby authorized in this and subsequent fiscal years.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 228 — Failure to pay legal child support obliga-

Page 87 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 228 1 See References in Text note below. (3) the President, Vice President, an em- ployee of the United States Postal Service or the Postal Regulatory Commission, or any other executive branch employee (as such term is defined under section 2105 of title 5, United States Code). (Added Pub. L. 110–81, title I, § 102(a), Sept. 14, 2007, 121 Stat. 739; amended Pub. L. 112–105, § 18(a), Apr. 4, 2012, 126 Stat. 304.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–105 inserted ‘‘or an officer or em- ployee of the legislative or executive branch’’ after ‘‘Congress’’ in section catchline, designated existing provisions as subsec. (a), substituted ‘‘a covered gov- ernment person’’ for ‘‘a Senator or Representative in, or a Delegate or Resident Commissioner to, the Con- gress or an employee of either House of Congress’’ in introductory provisions, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–81, title I, § 105(b), Sept. 14, 2007, 121 Stat. 741, provided that: ‘‘The amendments made by section 102 [enacting this section] shall take effect on the date of the enactment of this Act [Sept. 14, 2007].’’ CONSTRUCTION Pub. L. 110–81, title I, § 102(b), Sept. 14, 2007, 121 Stat. 739, provided that: ‘‘Nothing in section 227 of title 18, United States Code, as added by this section, shall be construed to create any inference with respect to whether the activity described in section 227 of title 18, United States Code, was a criminal or civil offense be- fore the enactment of this Act [Sept. 14, 2007], including under section 201(b), 201(c), any of sections 203 through 209, or section 872, of title 18, United States Code.’’ CHAPTER 11A—CHILD SUPPORT Sec. 228. Failure to pa

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 228

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 479a — Transferred

Page 148 TITLE 25—INDIANS § 478–1 § 478–1. Transferred Editorial Notes CODIFICATION Section 478–1 was editorially reclassified as section 5126 of this title. § 478a. Transferred Editorial Notes CODIFICATION Section 478a was editorially reclassified as section 5127 of this title. § 478b. Transferred Editorial Notes CODIFICATION Section 478b was editorially reclassified as section 5128 of this title. § 479. Transferred Editorial Notes CODIFICATION Section 479 was editorially reclassified as section 5129 of this title. § 479a. Transferred Editorial Notes CODIFICATION Section 479a was editorially reclassified as section 5130 of this title. § 479a–1. Transferred Editorial Notes CODIFICATION Section 479a–1 was editorially reclassified as section 5131 of this title. § 480. Transferred Editorial Notes CODIFICATION Section 480 was editorially reclassified as section 5132 of this title. § 481. Omitted Editorial Notes CODIFICATION Section, act July 2, 1942, ch. 473, § 1, 56 Stat. 513, which related to an allowance to Indians traveling away from home involved in tribal organization work, was from the Interior Department Appropriation Act, 1943, and was not repeated in subsequent appropriations acts. § 482. Transferred Editorial Notes CODIFICATION Section 482 was editorially reclassified as section 5133 of this title. § 483. Transferred Editorial Notes CODIFICATION Section 483 was editorially reclassified as section 5134 of this title. § 483a. Transferred Editorial Notes CODIFICATION Section 483a was editorially reclassified as section 5135 of this title. § 484. Omitted Editorial Notes CODIFICATION Section, act July 14, 1954, ch. 472, § 1, 68 Stat. 467, which related to conversion of exchange assignments of tribal lands on certain

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 479a

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