1955. Possible Defenses

Defendants may attempt to bring collateral issues as defenses to Federal prosecution, such as the failure of the custodial parent to comply with the defendant's visitation rights or the validity of the underlying support order. These collateral attacks are not defenses to a Child Support Recovery Act (CSRA) prosecution, however.

Four Courts of Appeals have upheld the CSRA in published decisions. United States v. Bongiorno, 1997 WL 42994 (1st Cir. Feb. 7, 1997); United States v. Hampshire, 95 F.3d 999 (10th Cir. 1996); United States v. Mussari, 95 F.3d 787 (9th Cir. 1996); United States v. Sage, 92 F.3d 101 (2d Cir. 1996).

In February 1997, appeals were pending in the Third and Fifth Circuits from adverse rulings in the Eastern District of Pennsylvania and the Western District of Texas. Assistant United States Attorneys should consult with the Child Exploitation and Obscenity Section if they are presented with this kind of challenge.

[cited in JM 9-74.100]