Deadbeat Parents Punishment Act of 1998
PL 105-187 (H.R.3811), enacted 06/24/1998

112 STAT. 618 
PUBLIC LAW 105-187-^JUNE 24, 1998 
Public Law 105-187 
105th Congress 
An Act 
of 1998. 
18 u s e 228 note 
June 24, 1998 
To establish felony violations for the failure to pay legal child support obligations, 
[H.R. 3811] 
^^^ ^°'" other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Deadbeat Parents the United States of America in Congress assembled, 
Punishment Act 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Deadbeat Parents Punishment 
Act of 1998". 
SEC. 2. ESTABLISHMENT OF FELONY VIOLATIONS. 
Section 228 of title 18, United States Code, is amended to 
read as follows: 
*'§ 228. Failure to pay legal child support obligations 
"(a) OFFENSE.—^Any person who— 
"(1) willfully fails to pay a support obligation with respect 
to a child who resides in another State, if such obligation 
has remained unpaid for a period longer than 1 year, or is 
greater than $5,000; 
"(2) travels in interstate or foreign commerce with the 
intent to evade a support obligation, if such obligation has 
remained unpaid for a period longer than 1 year, or is greater 
than $5,000; or 
"(3) willfully fails to pay a support obligation with respect 
to a child who resides in another State, if such obligation 
has remained unpaid for a period longer than 2 years, or 
is greater than $10,000; 
shall be punished as provided in subsection (c). 
"(b) PRESUMPTION.—The existence of a support obligation that 
was in effect for the time period charged in the indictment or 
information creates a rebuttable presumption that the obligor has 
the ability to pay the support obligation for that time period. 
"(c) PUNISHMENT.—The punishment for an offense under this 
section is— 
"(1) in the case of a first offense under subsection (a)(1), 
a fine under this title, imprisonment for not more than 6 
months, or both; and 
"(2) in the case of an offense under paragraph (2) or (3) 
of subsection (a), or a second or subsequent offense under 
subsection (a)(1), a fine under this title, imprisonment for not 
more than 2 years, or both. 
Courts. 
"(d) MANDATORY RESTITUTION.—Upon a conviction under this 
section, the court shall order restitution under section 3663A in 
PUBLIC LAW 105-187^JUNE 24, 1998 
112 STAT. 619 
an amount equal to the total unpaid support obligation as it exists 
at the time of sentencing. 
"(e) VENUE.—^With respect to an offense under this section, 
an action may be inquired of and prosecuted in a district court 
of the United States for— 
"(1) the district in which the child who is the subject 
of the support obligation involved resided during a period dur-
ing which a person described in subsection (a) (referred to 
in this subsection as an 'obliger') failed to meet that support 
obligation; 
"(2) the district in which the obliger resided during a period 
described in paragraph (1); or 
"(3) any other district with jurisdiction otherwise provided 
for by law. 
"(f) DEFINITIONS.—^As used in this section— 
"(1) the term 'Indian tribe' has the meaning given that 
term in section 102 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 479a); 
"(2) the term 'State' includes any State of the United States, 
the District of Columbia, and any commonwealth, territory, 
or possession of the United States; and 
"(3) the term 'support obligation' means any amount deter-
mined under a court order or an order of an administrative 
process pursuant to the law of a State or of an Indian tribe 
to be due from a person for the support and maintenance 
of a child or of a child and the parent with whom the child 
is living.". 
Approved June 24, 1998. 
LEGISLATIVE HISTORY—H.R. 3811 (S. 1371): 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 12, considered and passed House. 
June 5, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
June 24, Presidential remarks.