3rd Circuit Rejects Free Exercise Collateral Challenge To Child Support Conviction

The U.S. 3rd Circuit Court of Appeals on Tuesday rejected the attempt of a defendant in a criminal case to collaterally challenge on Free Exercise clause grounds his conviction for willful failure to pay child support. In United States v. Kufkaka, (3d Cir., March 6, 2007), a divorced husband claimed that his indictment should be dismissed because the divorce decree containing his support obligation also included a requirement that he pay for a "get"-- a Jewish religious divorce decree. The court held that a federal prosecution under the Deadbeat Parents Act is not the appropriate arena in which to litigate the terms of the underlying divorce. The decision also upheld the constitutionality of the federal Deadbeat Parents Punishment Act under the commerce clause.