What Is the Deadbeat Dad Law?

Child support pays for the basic needs of the children.

Nonpayment of child custody is a federal crime. It is also a federal offense for parents to deliberately cross state lines to evade making child support payments. In 1998, the Deadbeat Parents Punishment Act, or Public Law No. 105-187, established that parents who willfully fail to pay child support may be committing a felony. Some people call this legislation the "Deadbeat Dad Law" but it refers to all noncustodial parents---moms and dads---who do not fulfill their legal obligations.

Child Support

Child support is the amount of money that noncustodial parents are required to pay the parents (or guardians or caretakers) who have physical custody of their children. Parents are granted custody through court orders that are a result of divorce settlements, paternity findings or family proceedings. Depending on the state, noncustodial parents pay child support until the children turn 18 or 21. The money is used to pay for the basic needs of the children. The child support awards are determined by family courts, which take into consideration the incomes of all adults involved in a case.

Deadbeat Parents

Deadbeat dad, deadbeat mom, and deadbeat parents are all terms used to describe noncustodial parents who willfully evade paying child support. Although officials and authorities may use these words in legislation or court, they are not legal terms. They are slang words that, over time, have become acceptable by the public to describe parents who do not comply with their legal obligations to support their minor children.

Child Support Enforcement

The federal and state government agencies work closely together to help custodial parents collect child support that is legally obligated to them. For example, child support may be withheld from the noncustodial parents' paychecks, their tax refund checks may be applied to child support, liens may be placed on their real property or their driver's licenses may be revoked. Every state has child custody support enforcement agencies that help custodial parents collect child support.

Fines and Imprisonment

Under the Deadbeat Parents Punishment Act, noncustodial parents may be prosecuted if they have unpaid payments of more than $5,000 or if they have not made payments for more than one year. If noncustodial parents have not been making payments for more than two years, or if the total of their unpaid payments is greater than $10,000, the courts can fine or imprison them, or do both. Imprisonment for the first offense is six months, and two years for every following offense.

Other Federal Laws

In 1975, Congress established the Child Support Enforcement Program to make sure that children receive financial support from noncustodial parents. Federal enforcement of out-of-state noncustodial parents became possible when Congress passed the Child Support Recovery Act of 1992. Violations of this measure were misdemeanors until the enactment of the Deadbeat Parents Punishment Act. Under this act, felony charges can be made against lawbreakers.

References

• Cornell University Law School Legal Information Institute: U.S. Code 228. Failure to Pay Legal Child Support Obligations
• Handbook on Child Support Enforcement; U.S. Department of Health and Human Services Administration for Children and Families Office of Child Support Enforcement; 2008
• US DOJ Child Exploitation and Obscenity Section: Child Support Enforcement

Resources

• U.S. Office of Child Support Enforcement
• National Child Support Enforcement Association