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Justice Manual § 9-74.105

Child Support—Notice to Target and Charging Considerations

activein force · 2026-09-20 – presentas-observed

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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