Does the Child Support Regulator have the power to prevent a plaintiff from moving to another state to avoid paying child support?

MultiRegion, United States of America

The following excerpt is from USA. v. Gill, 264 F.3d 929 (9th Cir. 2001):

The CSRA was meant to address the problem "by taking the incentive out of moving interstate to avoid payment." Id.; see also Black, 125 F.3d at 458 (discussing the legislative history of CSRA). Interpreting the terms of the statute so as to prevent restitution for the accrued interest on delinquent child support payments -when the interest is mandatorily imposed pursuant to state law -would both frustrate the objective of interstate collection and preserve the incentive for moving out of state when the state-incurred obligation is significant enough (as is the case here, where accrued interest accounts for over one-third of the total delinquent support obligation). To adopt such an interpretation would not only contradict the plain language of the statute, but also "would create an additional obstacle to compliance, contrary to the manifest purposes of the Act." United States v. Collins, 921 F. Supp. 1028, 1031-32 (W.D.N.Y. 1996).

Other Questions


Is the state liable to pay interest on a claim for damages brought by a plaintiff against the state? ("New York", United States of America)
What is the test for classifying an after-adopted child as a "special needs child" for purposes of determining child support? (MultiRegion, United States of America)
Is a step-parent obligated to pay child support to the child's biological mother? ("New York", United States of America)
How is child support calculated under the Child Support Act? ("New York", United States of America)
Does the Boden requirement of a showing of unforeseen change apply to a child support proceeding when the parties' agreement contains no child support provisions? ("New York", United States of America)
What is the test for making provision for child support under section 101 of the Ontario Child Support Act? ("New York", United States of America)
Does the Minister have the authority to transfer a child from a child to a child? (Canada (Federal), Canada)
Does a conviction under California Penal Code 273a(a) constitute a conviction for "a crime of child abuse, child neglect or child abandonment"? (MultiRegion, United States of America)
Can a judgment and decree of a court exercising jurisdiction in one state become operative in another state? (MultiRegion, United States of America)
Can a plaintiff bring a claim against the Department of Health and Social Services under Section 1983 of the Child Protection Act to expunge her name from a registry of alleged child abusers? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.