United States v. Orvial Stephens

Defendant-Appellant Orvial Stephens appeals a restitution order of $84,751.35, entered after he pled guilty to failing to pay a child support obligation in violation of 18 U.S.C. § 228 . We hold that the district court properly required Stephens to pay interest on past-due child support payments and that it correctly calculated the amount of interest. We further hold that the district court correctly concluded that Stephens is required to pay part of the restitution award to the State of Georgia. Finally, we hold that payment should be made by Stephens to the State of Georgia only after the amount owed to the child’s mother under the order is paid in full.

I. Background

Stephens married Sylvia Garcia in May 1981 and subsequently adopted their son, Joshua James Ray Stephens. Soon thereafter, the couple entered into a divorce agreement, which became final in June 1990. Pursuant to the divorce agreement, Stephens agreed to pay $75 per week in child support until Joshua reached the age of 18. Following his divorce from Garcia, Stephens moved to Arizona and failed to make the promised child support payments. During the time Stephens failed to make child support payments, the State of…