Sample Instruction: Willfully Defined – Failure To Provide Child Support

An act is done willfully if it is done voluntarily and intentionally with the purpose of avoiding a known duty under a state court order to pay a child support obligation. In determining whether the defendant acted willfully in failing to pay, you must consider whether the defendant had the ability to pay some portion of the past due child support obligation. Ability to pay means that the defendant had the ability, after meeting his basic subsistence needs, to pay some portion of the past due child support obligation.

Source: Given in United States v. Bell, 598 F.3d 366, 369-371 (7th Cir. Ill., No. 09-2555, March 16, 2010).

For subscription based briefing and sample instructions on this and related issues see:

Forecite National™
Chapter 46: Willfulness
The Shellow Instructions
Basic Elements Of A Criminal Allegation: Willfulness
Forecite California™
F 1.20 Willfully Defined
F 16.152 n1  Failure To Provide: Prima Facie Evidence Of Willfulness