The court will see if his conduct has been "wilful" in evading to pay child support and the number of times you have had to enforce on the arrears. If he is able to pay but just intentionally refuses to pay that is considered wilful.
Under the Federal Deadbeat Parents
Punishment Act, he can do jailtime under the following basis. The Deadbeat Parents Punishment Act of 1998 (18 U. S. C. Sec. 228) subjects parents to up to two years in prison, plus a fine, and mandatory restitution if they:
1. owe at least $ 10,000;
2. are at least two years behind in their payments and have been cited two or more times for failure to obey their child support orders; or
3. travel across state lines or abroad to evade child support responsibilities if the obligation remains unpaid for longer than one year or is greater than $ 5,000.
The penalty also applies to a second offense of wilfully failing to pay past due support for a child living in another state in an amount exceeding $ 5,000 or for more than one year.
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