As seen on:
1610 Southern Blvd.
West Palm Beach, FL
Board Certified Criminal Trial Specialist
Failure to pay child support is taken very seriously in our courts. It is an offense under 18 USC Section 228 . This statute states that anyone who willfully fails to pay court-ordered child support for a child who resides in another state is in violation this federal statute.
However, under the case of United States v. Williams, the court held that the willful failure to pay court-ordered child support necessitates proof of an ability to pay the support. In spite of this holding, if the defendant cannot pay because of his own actions like quitting a job, he will still be obligated to pay the support. Therefore, trying to avoid child support payments by spending money on another obligation or for personal reasons, does not alleviate the duty to pay for court-order child support.