Child Support Enforcement and Federal Criminal Law

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Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming majority of parents pay support and take care of their children as agreed upon or ordered. But, when that is not the case, you have to know how child support enforcement works.

Child support enforcmement in one form or another is available in every state for collecting against deadbeat parents. Those child support enforcement remedies include wage garnishment, intercepting tax refunds, suspending a driver's or professional license, and more.

In addition to the child support enforcement remedies that the individual states provide, the is a federal remedy which is often overlooked, but which is very effective. That child support enforcement remedy is the Child Support Recovery Act of 1992.

Under the Child Support Recovery Act, the failure to pay child support, if willful, is a federal crime if the parent who owes support lives in a different state than the parent who is receiving the support. Relying on this criminal statute can be a very effect child support enforcement tool.

The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction for the purpose of evading a child support order. However, since we live in an incredibly mobile society, it is not unusual to have a support paying parent in one state and a support receiving parent living in another state. When that happens, the Federal Act is available as a remedy for interstate child child support enforcement.

A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months in addition to monetary fines. A second conviction can result in more jail time and greater fines.

The Child Support Recovery Act was amended in 1998 and is now know as the Deadbeat Parents Punishment Act. The 1998 Act makes it a federal crime to travel to another state to avoid a child support obligation, if that support obligation is greater than $5000 and has remained unpaid for more than one year. If the obligation is greater than $10,000 and has remained unpaid for more than 2 years, if is a federal crime under the 1998 Deadbeat Parents Act simply to have not paid the child support.

The penalties available for child support enforcement under the 1998 Deadbeat Parents Act include prison sentences, fines and restitution. Restitution is the payment of money to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. Probation can also be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those terms of probation can result in the imposition of additional prison time.

If you are owed child support and the parent who is supposed to pay lives in another state, consult with an attorney to discuss whether the Federal Deadbeat Parents Act can help you with child support enforcement and collect the support due to you.

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Gwinnett County Criminal Defense Case - What to Do When You're Involved

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Although Gwinnett County is just a small town in Georgia, the size of an area doesn't affect in any way the excellence of its judicial system. If you find yourself involved for one reason or another in a lawsuit in Gwinnett County and you have a need to hire a criminal defense lawyer, don't let yourself underestimate the other party and simply assume that a small town court will immediately find you innocent.

It doesn't work that way.

Gwinnett County or Los Angeles, wherever your case is being tried, the process is always the same: the government - or the "good" side - will always do their best to force you to give up and confess. To protect yourself from succumbing to pressure, you need to hire an exceptional Gwinnett County criminal defense lawyer to handle your case.

How Do I Know I Need a Criminal Defense Lawyer?

The clerk at the Gwinnett County judicial court himself will mail you a written notice of your impending warrant. When this happens, you must prepare yourself physically, mentally and emotionally for a protracted battle. Ask your close friends or research online about possible criminal defense lawyers you may hire.

It's a Psychological Battle

Guns and knives are not the weapons used in court but wit. You will do best with a Gwinnett County criminal defense lawyer backing you up because he or she is already familiar of the "traditions" that must be observed in the court, the strengths and weaknesses of the prosecutor and what factors can sway the minds of the judge and the jury in your favor. In plain and simple terms, it's better to hire a lawyer who's already familiar with the courtroom techniques of the prosecuting side. He will be more able to anticipate the motives or ploys of the other party and make the necessary adjustments.

What Happens If I Can't Afford to Hire My Own Counsel?

In the previous paragraph, an assumption on your ability to hire your own legal counsel was made. If, however, that proves to be impossible, Gwinnett County criminal defense laws allow you to apply for a court appointed counsel. You must submit a written application and do sounder oath. Applications are available at the Magistrate court. It's best if you apply for a court appointed counsel prior to your hearing as failure to do so will cause hearings to be indefinitely postponed.

Don't Plead

When a person is unjustly accused of committing a crime, his first instinct may be either of the two: do as the movies show us and "remain silent until your lawyer arrives" or give a sincere but thorough explanation on why it's absolutely implausible that you should be accused of committing such a crime.

In this case, option A is the best course to take. In criminal cases, however unfair this may be, the prosecuting side has usually pre-judged you already. It is therefore to your disadvantage to lay all your cards on the table as they'll certainly never give you the benefit of doing the same.

Trust Your Lawyer

At some point in your trial, you may feel like your lawyer is incapable of protecting you because it's taking him so long to get an acquittal. Don't give up! Trust your lawyer to do what's best for you. Unlike civilian cases, criminal lawsuits require lawyers to use highly sophisticated techniques in the court room and most of these techniques are a ploy to gain more time to come up with an ace.

The trust you have in your lawyer is crucial to the outcome of your case. If you can't display that trust, find another lawyer or the Gwinnett County Judicial System will find you guilty in a second.

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