US · guidance
Justice Manual § 9-74.105
Child Support—Notice to Target and Charging Considerations
Care must be taken to ensure that the criminal process is not used to enforce a civil debt. As such, once a case has been filed it should not be dismissed. Nor should pre-trial diversion be considered, except in extraordinary circumstances, merely because an offender makes payment. An additional consideration militating against dismissal or pre-trial diversion once charges have been filed is that the deterrent impact of the potential felonious second offense would be avoided by dismissal or pre-trial diversion of the first offense. Additionally, no notice to the target is required prior to the filing of charges in these cases. Such a practice must be weighed carefully in light of the considerations discussed above.
The determination as to whether to issue a summons or a warrant in CSRA cases should be made on a case-by-case basis by the United States Attorney's Office prosecuting the case. Since these charges will generally involve individuals who have a history of evasion of court processes and flight, a warrant may be appropriate. However, other cases involving obligers who, for instance, have become established members of another community, may only require a summons to appear.
Provenance
- Source
- justice.gov
- Retrieved
- 2026-09-20
- Edition
- jm-2026-09-20
- Content hash
da7acf7c758fa4b46c7424aefb52458e8624063512ea79d9d763cc56a0f397e8
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