18 U.S.C. § 228 criminalizes specified willful child-support nonpayment involving the required interstate or travel circumstances. It does not turn every unpaid state support balance into a federal crime. The existing obligation, arrears, elapsed period, willfulness, and jurisdictional facts matter. [1] [2]
The statutory categories use different thresholds
One category concerns willfully failing to pay support for a child residing in another state when the obligation has remained unpaid for longer than one year or exceeds $5,000. Another concerns interstate or foreign travel with the intent to evade a qualifying obligation. A further category addresses willful nonpayment for an out-of-state child where the period exceeds two years or the amount exceeds $10,000. [1]
The amount and time alternatives should not be collapsed into a requirement that both are always present. Identify the exact paragraph and the facts supporting it.
Penalties and restitution are separate
A first offense under subsection (a)(1) carries up to six months of imprisonment. The other specified categories and a subsequent (a)(1) offense carry up to two years. Fines can also apply. Upon conviction, the statute requires restitution equal to the unpaid support obligation as it exists at sentencing under the referenced restitution framework. [1]
Willfulness is important. A dispute about ability to pay should be supported with actual income, employment, health, and payment records rather than a general assertion that the order was unfair. The statute also addresses a rebuttable ability-to-pay presumption tied to an existing obligation.
Address the support case through the proper route
Federal prosecution does not replace the underlying support order or state enforcement process. If circumstances change, request a lawful modification through the responsible court or agency. Do not assume stopping payments unilaterally changes the amount owed. [2]
Keep the order, modifications, payment ledger, residence information, and communications about compliance. A parent seeking enforcement can provide records to the appropriate authorities, but cannot promise that a particular referral will result in federal charges. Paying or arranging payments may affect the factual situation without automatically resolving every potential criminal issue. The practical assessment should distinguish the civil arrears, available modification, and actual elements of a federal charge. [1] [2]
Related questions
See Can You Get a Passport if You Owe Child Support? and VA Disability and Child Support: What Counts?.
Primary sources
- 18 U.S.C. § 228 — Office of Law Revision Counsel
- Criminal Division | Citizen's Guide To U.S. Federal Law On Child Support Enforcement
Sources checked: October 31, 2026.