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10-1331 U.S. v. Hanna
By: WISCONSIN LAW JOURNAL STAFF//December 22, 2010//
Listen to this articleFailure to Pay Child Support
Willfulness; inability to pay
Gifts to the defendant may be considered in determining whether he willfully refused to pay child support.
“[F]or purposes of assessing the defendant’s ability to pay in a prosecution under Section 228, a jury is entitled to look beyond the narrow concept of ‘income’ used in the tax laws and to consider all of the resources available to a defendant, regardless of their source. If the evidence shows, as it did here, that the defendant received thousands of dollars in gifts from family, yet refused to use any of those funds to pay a support obligation, it is more than enough to support the ‘willfulness’ element of the statute.”
Affirmed.
10-1331 U.S. v. Hanna
Appeal from the United States District Court for the Northern District of Illinois, Coar, J., Wood, J.
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