{
  "id": "R42389",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R42389",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 402427,
      "date": "2012-03-06",
      "retrieved": "2016-04-07T00:13:37.058307",
      "title": "Child Support Enforcement: Incarceration As the Last Resort Penalty For Nonpayment of Support",
      "summary": "The Child Support Enforcement (CSE) program was signed into law in 1975 (P.L. 93-647) as a federal-state program to enhance the well-being of families by making child support a reliable source of income. The CSE program is based on the premise that both parents are financially responsible for their children. The CSE program is operated in all 50 states, the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands, and by several Indian tribes or tribal organizations. State CSE programs have at their disposal a wide variety of methods by which to obtain child support obligations. In addition, states under their own authority and the authority of their courts can use the threat of incarceration and/or actual incarceration. \nNonpayment of support may subject a noncustodial parent to criminal sanctions in three situations: (1) a finding of contempt of court for failure to obey a court\u2019s child support order, (2) prosecution under a state criminal nonsupport statute, or (3) prosecution under federal criminal penalties for nonpayment of child support. Contempt of court is classified as either \u201ccivil\u201d or \u201ccriminal.\u201d Civil contempt occurs when an individual willfully disobeys a court order or rule. Criminal contempt occurs when an individual interferes with the ability of the court to function properly. Judges can sentence individuals to imprisonment upon a finding of contempt.\nMany contend that the incarceration of persons for nonpayment of child support is both wrong and counterproductive. They say that criminalizing nonpayment of child support by making it a misdemeanor and/or felony disproportionately affects low-income noncustodial parents who more likely than not are just as poor or poorer than the mother and children owed child support payments. They assert that incarceration means that the noncustodial parent is not working and earning money and that having a criminal record lowers a person\u2019s job prospects. They also contend that the negative ramifications of being in jail include a weakened bond between the noncustodial parent and his or her children and family and a high probability that the individual will ultimately be re-incarcerated for nonpayment of child support or other infractions or crimes.\nOthers say that for some noncustodial parents, the threat of being incarcerated for nonpayment of support is not enough. For these persons, they say that incarceration is necessary. They contend that some noncustodial parents would rather quit their jobs, go from job to job, work in the underground economy (where earnings are not reported to anyone), or engage in illegal activity rather than meet their child support obligations. They argue that child support is a source of income that could mean the difference between poverty and self-sufficiency for some families. They say that children ought not to be short-changed because of recalcitrant noncustodial parents, and maintain that nonpayment of child support is a real crime and should be treated as such.\nUsing jail as an option for nonpayment of child support has many implications: Are low-income noncustodial parents who are unable to fulfill their child support obligations penalized for being poor? Should noncustodial parents charged with civil contempt of court be entitled to an attorney? Should noncustodial parents whose only offense is nonpayment of child support be incarcerated in settings known to be violent and dangerous? Should incarcerating noncustodial parents be eliminated as an option due to the high costs associated with incarceration? This report includes an Appendix that indicates that all 50 states and the District of Columbia have criminal penalties for nonpayment of child support. Table A-1 shows state statute citations and the maximum penalties associated with nonpayment of child support.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "Domestic Social Policy"
  ]
}