How Does Deadbeat Parents Punishment Act of 1998 Work?
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Non-Payment of Child Support is Punishable by Law
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A parent found in violation of the Deadbeat Parents Punishment Act of 1998 could be jailed for up to six months in federal prison and receive a fine. Because the charge results in a Class B misdemeanor, parents in violation of the law would not receive jail time for a first conviction. However, a second violation would carry a maximum sentence of 2 years' incarceration at the federal level.
What Constitutes a Violation of the Act
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If a parent evades his child support obligation beyond the maximum amount allowed by the law for a period of more than 2 years, he is in violation of the Deadbeat Parents Punishment Act of 1998. The law was designed to punish those parents who have systemically avoided all financial responsibility of support to biological or adoptive children. The legislation is very clear in its understanding of what constitutes a violation of the law and narrowly outlines the financial considerations that must be present for a conviction to be sought and made.
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Burden of Proof
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According to the law, the United States has to prove that the parent accused of violation of the Deadbeat Parents Punishment Act:
1. Had the ability to pay,
2. Willfully failed to pay,
3. Traveled to a different state with the intent to evade payment of a child support obligation.A known and past due child support obligation must be proven.
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Comments
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heck yeah! I love it, got 'em!
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fleabone
Nov 12, 2009
Regarding the Deadbeat Parents Punishment Act of 1998. Would our United States Attorney's office locally be the enforcing party? No one will give me a clear answer as to who owns the enforcement part of this law. Has anyone ever been prosecuted under it? My X husband owes $53,900 at this time I would say he has gone out of his way not to pay support for almost 18 years how do I get my case brought up to this level?
