Long
United States v. Long
Opinion
Lead Opinion
MEMORANDUM *
Long appeals three of the district court’s rulings that occurred during his trial for violating the Child Support Recovery Act (CSRA). 1 The Government appeals the district court’s restitution order. We affirm the district court as to its rulings during trial but vacate the restitution order.
A. Exclusion of Evidence
Long’s argument that the district court should have allowed him to present evidence of his ex-wife’s refusal to let him see their children, in violation of the divorce decree, fails. The only elements the Government had to prove were that the defendant had a legal duty to pay child support, knew of that duty, and voluntarily and intentionally violated that duty. 2 Evidence that he had an excuse for his intentional failure to pay is not relevant. A failure to pay is only justified if it is an unintentional failure due to a legitimate inability to pay the support obligation. 3 Long’s justification for not paying had nothing to do with an inability to pay. Therefore, the district court did not err in ruling that the evidence was inadmissible because it was irrelevant.