Is it a federal crime to travel across state lines to avoid paying child support?

What the Law Says

Although 42 U.S.C. § 651 authorizes federal funding for child support enforcement programs, it does not criminalize interstate evasion. The actual federal criminal prohibition is found in the Child Support Recovery Act (CSRA), codified at 18 U.S.C. § 228.

42 U.S.C. § 651 is a funding and authorization statute — it sets up the framework for federal support of state-level child support enforcement but creates no criminal penalties.

The criminal offense of willfully failing to pay child support across state lines is defined in 18 U.S.C. § 228, which makes it illegal to 'willfully fail to pay a support obligation with respect to a child who resides in another State' when certain conditions are met — such as an overdue amount exceeding $5,000 or remaining unpaid for over one year.

Penalties escalate based on prior convictions: first offense carries up to 2 years in prison; subsequent offenses carry up to 3 years; and if the violation involves crossing state lines to avoid payment, penalties may increase further.

Statutory Text

There are authorized to be appropriated such sums as may be necessary to carry out this part.

— 42 U.S.C. § 651 — Authorization of appropriations

What to Do

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