Legislative History of Child Support Enforcement
Congress passed the first Federal child support enforcement legislation requiring State welfare
agencies to notify appropriate law enforcement officials upon providing Aid to Families with Dependent Children
(AFDC) with respect to a child who was abandoned or deserted by a parent. 42 U.S.C. § 602(a)(11). The National Conference of Commissioners on Uniform State Laws and the American Bar Association
approved the Uniform Reciprocal Enforcement of Support Act (URESA) (amended in 1952 and 1958 and revised in 1968). Public Law (P.L.) 89-97—The Social Security Amendments of 1965 permit State or local welfare agencies
to obtain from the Secretary of Health, Education and Welfare the address and place of employment of a noncustodial
parent who owes child support under a court order for support. P.L. 90-248—Under the Social Security Amendments of 1967, States may obtain from the Internal Revenue
Service the addresses of noncustodial parents who owe child support under a court order for support. In addition,
each State must establish a single organizational unit to establish paternity and collect child support for deserted
children receiving AFDC. States must work cooperatively with each other under child support reciprocity agreements
and with courts and law enforcement officials. P.L. 93-647—After 3 years of Congressional attention to child support enforcement issues, the Social
Services Amendments of 1974 created title IV-D of the Social Security Act, which was signed into law on January
4, 1975. 42 U.S.C. §§ 651 et seq. Under Title IV-D: The effective date of these provisions was July 1, 1975, except for the garnishment provision,
which was effective on enactment. Because several problems were identified before the effective date, Congress
extended the effective date to August 1, 1975, in P.L. 94-46. P.L. 94-88—In August 1975, States were allowed to obtain waivers from particular program requirements
under certain conditions until June 30, 1976 and to receive Federal reimbursement at a reduced rate. This law also
eased the requirement for AFDC recipients to cooperate with State CSE agencies when such cooperation would not
be in the best interests of the child. It also provided for supplemental payments to AFDC recipients whose grants
would be reduced because of implementation of the CSE program. P.L. 94-566—Effective October 20, 1976, State employment agencies were required to provide noncustodial
parents' addresses to State CSE agencies. P.L. 95-30—Effective May 23, 1977, the Tax Reduction and Simplification Act of 1977 amended Title
IV-D as follows: P.L. 95-142—Effective October 25, 1977, the Medicare-Medicaid Anti-Fraud and Abuse Amendments of
1977 established a medical support enforcement program under which States could require Medicaid applicants to
assign to the State their rights to medical support. State Medicaid agencies were allowed to enter into cooperative
agreements with any appropriate agency of any State, including the CSE agency, for assistance with enforcing and
collecting medical support obligations. Incentives were also available to localities making child support collections
for States and to States securing collections on behalf of other States. P.L. 95-598—The Bankruptcy Reform Act of 1978, signed into law on November 6, 1978, repealed a
section of the Social Security Act that had barred the discharge in bankruptcy of assigned child support debts.
This section of the Social Security Act was restored in 1981. 42 U.S.C. § 656(b). P.L. 96-178—Federal financial participation (FFP) in expenditures for non-AFDC services was extended
until March 31, 1980, retroactive to October 1, 1978. P.L. 96-265—The Social Security Disability Amendments of 1980, signed into law on June 9, 1980,
increased Federal matching funds to 90 percent, effective July 1, 1981, for the costs of developing, implementing,
and enhancing approved automated child support management information systems. Federal matching funds were also
made available for child support enforcement duties performed by certain court personnel. In another provision,
the law authorized the use of the IRS to collect child support arrearages on behalf of non-AFDC families. Finally,
the law provided State and local CSE agencies with access to wage information held by the Social Security Administration
and State employment security agencies (SESAs) for use in establishing and enforcing child support obligations. P.L. 96-272—The Adoption Assistance and Child Welfare Act of 1980 contained four amendments to
Title IV-D of the Social Security Act. FFP for non-AFDC services was made available on a permanent basis. States
became eligible to receive incentive payments on all AFDC collections as well as interstate collections. As of
October 1, 1979, States were required to claim reimbursement for expenditures within 2 years, with some exceptions.
The imposition of the 5 percent penalty on AFDC reimbursement for States not having effective CSE programs was
postponed until October 1980. P.L. 97-35—The Omnibus Budget Reconciliation Act of 1981 added five amendments to Title IV-D. The
IRS was authorized to withhold all, or part of, certain individuals' Federal income tax refunds for collection
of delinquent child support obligations. CSE agencies were required to collect spousal support for AFDC families.
For non-AFDC cases, State agencies were required to collect fees from noncustodial parents who were delinquent
in their child support payments. Child support obligations, which were assigned to the State, no longer were dischargeable
in bankruptcy proceedings. States were authorized to withhold a portion of unemployment benefits from noncustodial
parents delinquent in their support payments. P.L. 97-248—The Tax Equity and Fiscal Responsibility Act of 1982 was signed into law on September
3, 1982. The following provisions affected the CSE program: P.L. 97-253—The Omnibus Budget Reconciliation Act of 1982, effective September 8, 1982, provided
for the disclosure of information obtained under authority of the Food Stamp Act of 1977 to various programs, including
State CSE agencies. P.L. 97-252—The Uniformed Services Former Spouses' Protection Act, signed into law on September
8, 1982, treated military retirement or retainer pay as property to be divided by State courts in connection with
divorce, dissolution, annulment, or legal separation proceedings. P.L. 98-378—The Child Support Enforcement Amendments of 1984 required improvements in State and
local CSE programs in four major areas: Mandatory Practices All States were required to enact statutes providing for the use of improved enforcement mechanisms,
including: (1) mandatory income withholding procedures; (2) expedited processes for establishing and enforcing
support orders; (3) State income tax refund interceptions; (4) liens against real and personal property, security
or bonds to assure compliance with support obligations; and (5) reports of support delinquency information to consumer
reporting agencies. In addition, State law had to allow for the bringing of paternity actions any time before a
child's 18th birthday, and all support orders, issued or modified after October 1, 1985, were to include a provision
for wage withholding. Federal Financial Participation and Audit Provisions To encourage greater reliance on performance-based incentives, Federal matching funds were reduced
by 2 percent in FY1988 (to 68 percent) and another 2 percent in FY1990 (to 66 percent). Federal matching funds
became available at the 90 percent rate for developing and installing automated systems, including computer hardware
purchases, to facilitate income withholding and other newly required procedures. State incentive payments were reset at 6 percent for both AFDC and non-AFDC collections. These
percentages could increase to as much as 10 percent for both categories for very cost-effective States, but a State's
non-AFDC incentive payments were limited by the amount of incentives payable for AFDC collections. The law further
required States to pass incentives on to local CSE agencies where these agencies have participated in the costs
of the program. The requirement for an annual audit of State CSE agencies was dropped in favor of an audit once
every 3 years. The focus of the audits was altered so that, beginning with the FY1986 audit period, a State's effectiveness
would be evaluated on the basis of program performance as well as operational compliance. Graduated penalties of
from 1 to 5 percent of total payments to the State under the AFDC program would be imposed if a State were found
not to have complied substantially with Federal requirements over successive periods. The penalty could be suspended,
however, if the State were to take corrective action, over a maximum period of 1 year, to come into substantial
compliance. Improved Interstate Enforcement The proven enforcement techniques discussed above were to be applied to interstate cases as well
as intrastate cases. Both States involved in an interstate case could take credit for the collection when reporting
total collections for the purpose of calculating incentives. In addition, the law authorized OCSE to commission
special State demonstration grants, beginning in FY1985, to fund innovative methods of interstate enforcement and
collection. The Federal audits would focus on State effectiveness in establishing and enforcing obligations across
State lines. Equal Services for Welfare and Nonwelfare Families Congress stated in the Social Security Act that, in creating the CSE program, it intended to aid
both nonwelfare and welfare families. Several specific requirements were directed at improving State services to
nonwelfare families. All mandatory practices had to be available to both types of cases; the interception of Federal
income tax refunds was extended to nonwelfare cases; incentive payments became available for collections in nonwelfare
cases; when families are terminated from AFDC, they automatically are to receive nonwelfare support enforcement
services, without being charged an application fee; and States were required to publicize the availability of nonwelfare
support enforcement services. Other Provisions In addition to the above, States were required to: (1) collect support in certain foster care cases;
(2) collect spousal support, in addition to child support, when both were due in a case; (3) notify AFDC recipients
at least yearly of the collections made in their individual cases; (4) establish a State commission to study the
operation of each State's child support system and report findings to the State's governor; (5) formulate guidelines
for determining appropriate child support obligation amounts and distribute the guidelines to judges and other
individuals with authority to establish obligation amounts; (6) offset the costs of the program by charging various
fees to nonwelfare families and to delinquent noncustodial parents; (7) allow families whose AFDC eligibility was
terminated as a result of the payment of child support, to remain eligible for Medicaid for 4 months; and (8) seek
to establish medical support awards in addition to cash awards for support. In addition, the FPLS was made more
accessible and more effective in locating absent parents. Sunset provisions were put in effect for the extension
of Medicaid eligibility and Federal tax refund offsets for non-AFDC families. P.L. 99-509—The Omnibus Budget Reconciliation Act of 1986 required States to provide that support
installments are vested as they fall due and, therefore, are judgments entitled to full faith and credit. It also
allowed prospective modification from the date the opposing party received notice of the motion for modification. P.L. 100-485—The Family Support Act of 1988, enacted on October 13, 1988, made many important changes
to the CSE program. The major provisions were: Immediate Wage Withholding For IV-D cases, States were to provide for immediate wage withholding in orders issued or modified
on or after November 1, 1990, unless one of the parties demonstrates and the court finds that there is good cause
not to require it or there is a written agreement between both parties for an alternative arrangement. In non-IV-D
cases, immediate wage withholding was to apply to all orders initially issued on or after January 1, 1994. Disregard of Child Support The child support disregard was to be applied to a payment made by a non-custodial parent in the
month it was due even though it was received in a subsequent month. Guidelines for Child Support Award Amounts Judges and other officials were required to use State guidelines for support awards, unless the
decision-maker entered a written finding that applying the guidelines would be unjust or inappropriate in the case.
States were to review their guidelines every 4 years. Beginning 2 years after enactment, if a State determined, under its plan for review and adjustment
of orders, that an order being enforced under the program should be reviewed, the State must, at the request of
either parent or of the CSE agency, initiate a review of the order and adjust it, if appropriate. Beginning 5 years after enactment, States were to begin to review and adjust individual case awards
every 3 years in AFDC cases, unless it is not in the best interests of the child and neither parent has requested
review. In other IV-D cases, the review and adjustment process had to be available every 3 years if a parent
requests it. States were required to notify each parent subject to an order in effect in the State that is being
enforced under Title IV-D: (1) of any review of the order, at least 30 days before the commencement of the review;
(2) of their right to request a review; and (3) of any proposed adjustment or determination that there should be
no change to an order, allowing the parent at least 30 days for challenge. Notice of Support Collected Beginning January 1, 1993, States were to inform families receiving AFDC of the amount of support
collected on their behalf on a monthly basis, rather than annually as previously required. States could provide
quarterly notice if the Secretary of HHS determines that monthly reporting imposes an unreasonable administrative
burden. Performance Standards for Paternity Establishment States were required to meet Federal standards for establishing paternity beginning in FY92. A
State's paternity establishment percentage had to (1) be at least 50 percent; (2) be at least equal to the average
for all States; or (3) have increased by 3 percentage points from FY1988 to FY1991 and by 3 percentage points each
year thereafter. States had to require all parties in a contested paternity case to take a genetic test at the request
of any party. States could charge individuals not receiving AFDC for the costs of genetic tests to establish paternity. States were encouraged to adopt a simple civil process for voluntarily acknowledging paternity
and a civil procedure for establishing paternity in contested cases. The Federal matching rate for laboratory testing to establish paternity was set at 90 percent. Standards for Providing Services and Distributing Collections The Secretary of HHS was required to issue regulations establishing time standards that States
must meet in responding to requests for establishing and enforcing support orders, locating absent parents, establishing
paternity, and collecting support. The standards must include time limits governing distribution of amounts collected
as child support under the CSE State plan. Mandatory Automated Systems Each State that did not have a Statewide automated tracking and monitoring system in effect was
required to submit an advance planning document that met Federal requirements by October 1, 1991. By October 1,
1995, each State had to have an approved system in effect. The Federal matching rate of 90 percent for this activity
expired after September 30, 1995. Additional Information Source for Parent Locator Service The Secretaries of Labor and HHS were to enter into an agreement to give the FPLS access to wage
and unemployment compensation claims information useful in locating absent parents. Use of Social Security Number to Identify Parents Each State, in the administration of any law involving the issuance of a birth certificate, was
to begin requiring each parent to furnish his or her Social Security Number (SSN), unless the State found good
cause for not requiring the parent to furnish it. The SSN cannot appear on the birth certificate, and the use of
the SSN is restricted to CSE purposes, except under certain circumstances. P.L. 101-239—The Omnibus Budget Reconciliation Act of 1989 made permanent the requirement that
Medicaid benefits continue for 4 months after a family loses AFDC eligibility as a result of collection of child
support payments. P.L. 101-508—The Omnibus Budget Reconciliation Act of 1990 permanently extended the provision allowing
States to ask the IRS to collect child support arrearages of at least $ 500 out-of-income tax refunds otherwise
due to non-custodial parents in non-AFDC cases. The minor child restriction was eliminated for adults with a current
support order who are disabled, as defined under OASDI or SSI. The IRS offset was allowed to be used for spousal
support when spousal and child support are included in the same support order. P.L. 101-508 also extended the life of the Interstate Child Support Commission from July 1, 1991,
to July 1, 1992, required the Commission to submit its report no later than May 1, 1992, and authorized the Commission
to hire its own staff. P.L. 102-521, the Child Support Recovery Act of 1992, imposed a Federal criminal penalty for the
willful failure to pay a past-due child support obligation, with respect to a child who resides in another State,
that has remained unpaid for longer than a year or is greater than $5,000. For the first conviction, the penalty
was to be a fine of up to $5,000 and/or imprisonment for not more than 6 months; for a second conviction, a fine
of not more than $250,000 and/or imprisonment for up to 2 years was to be imposed. P.L. 102-537, the Ted Weiss Child Support Enforcement Act of 1992, amended the Fair Credit Reporting
Act to require consumer credit reporting agencies to include, in any consumer report, information on child support
delinquencies provided by, or verified by, State or local CSE agencies, which antedates the report by 7 years. P.L. 103-66, the Omnibus Budget Reconciliation Act of 1993, increased the percentage of children
for whom the State must establish paternity and required States to adopt laws requiring civil procedures to voluntarily
acknowledge paternity (including hospital-based programs). P.L. 103-66 also required States to adopt laws to ensure the compliance of health insurers and
employers in carrying out court or administrative orders for medical child support. It included a provision that
forbade health insurers from denying coverage to children who are not living with the covered individual or who
were born outside of marriage. P.L. 103-383, the Full Faith and Credit for Child Support Orders Act (FFCCSOA), required each State
to enforce, according to its terms, a child support order by a court (or administrative authority) of another State.
FFCCSOA offered conditions and specifications for resolving issues of jurisdiction. P.L. 103-394, the Bankruptcy Reform Act of 1994, protected child support from being discharged
in bankruptcy. Among many provisions, the new law provided that filing a bankruptcy petition does not operate as
an automatic stay for an action to establish paternity, or to establish or modify a child support or spousal support
order. Under the law, a bankruptcy debtor may not avoid a judicial lien securing a support debt. It also provided
protection against trustee avoidance, facilitated access to bankruptcy proceedings, and assigned child support
a priority for collecting claims from debtors. P.L. 103-403, the Small Business Administration Reauthorization and Amendments Act, required that
recipients of financial assistance not be more than 60 days delinquent in paying child support. P.L. 103-432, the Social Security Amendments of 1994, required State CSE agencies to periodically
report parents, who are at least 2 months delinquent in paying child support, to credit bureaus. It modified the
benchmarks under the paternity establishment percentage formula used to determine the States' substantial compliance,
and it required HHS to provide free access for the Justice Department to the FPLS in cases involving the unlawful
taking or restraint of a child and/or the making or enforcing of a child custody determination. P.L. 104-193—The title of this law is the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA). This law dramatically changed the nation’s welfare system into one that required work in exchange
for time-limited assistance. The law contained strong work requirements, a performance bonus to reward States for
moving welfare recipients into jobs, State maintenance of effort requirements, comprehensive child support enforcement
provisions, and supports for families moving from welfare to work. Under the law, each State was to operate a CSE program meeting Federal requirements to be eligible
for Temporary Assistance for Needy Families (TANF) block grants. Provisions included: National New Hire Reporting System PRWORA established a Federal Case Registry of Child Support Orders (FCR) and a National Directory
of New Hires (NDNH) to track delinquent parents across State lines. It also required that employers report information
on all new hires to State agencies for transmittal to the NDNH. Streamlined Paternity Establishment The law streamlined the legal process for establishing paternity, making it easier and faster to
establish paternities. It also expanded the voluntary in-hospital paternity establishment program, and required
the use of a State form for voluntary paternity acknowledgment. Uniform Interstate Child Support Laws PRWORA provided for uniform rules, procedures, and forms for interstate cases. Computerized Statewide Collections The law required States to establish central registries of child support orders as well as centralized
collection and disbursement units. It also required expedited State procedures for child support enforcement. Tough Enforcement Penalties Under PRWORA, States could implement tough child support enforcement techniques. The law expanded
wage garnishment, allowed all States to seize assets, permitted States to require community service as a penalty
in some cases, and enabled States to revoke drivers’ and professional licenses for parents who owe delinquent child
support. Families First Under a new "Family First" policy, families no longer receiving assistance were given
priority in the distribution of child support arrears. Access and Visitation Programs In an effort to increase noncustodial parents’ involvement in their children’s lives, the law included
grants to help States establish programs that support and facilitate noncustodial parents’ visitation with, and
access to, their children. P.L. 105-33, the Balanced Budget Act of 1997, made a number of amendments to the Social Security
Act, including creating the Children’s Health Insurance Program in Title XXI to help provide medical coverage to
children of working poor families, who are not eligible for private health insurance and who are earning too much
to receive Medicaid. The Balanced Budget Act also amended section 454 of the Social Security Act regarding cooperation/good
cause, and the FPLS language in section 453 to clarify the authority permitting certain re-disclosures of wage
and claim information. Also, this Act authorized, for the first time, the direct funding of Tribal support programs,
with Congress giving OCSE greater flexibility in providing direct funding for such programs and requiring OCSE
to promulgate regulations before issuing grants directly to Tribes. P.L. 105-34, the Taxpayer Relief Act of 1997, amended the Social Security Act by requiring, beginning
October 1, 1999, that the Federal Case Registry of Child Support Orders include the names and Social Security Numbers
of children on whose behalf child support is owed, and that such information also be included in State case registries.
Furthermore, the Secretary of the Treasury shall have access to the Federal Case Registry of Child Support Orders
for the purpose of administering the tax provisions that grant tax benefits based on support or residence of a
child. P.L. 105-89, the Adoption and Safe Families Act of 1997, made the Federal Parent Locator Service
available to child welfare services for enforcement of custody and support orders. P.L. 105-200, the Child Support Performance and Incentive Act of 1998 (CSPIA), generally provided
for an alternative penalty procedure for States that fail to meet Federal child support data processing requirements,
and it reformed Federal incentive payments for effective child support performance. The law also required the creation
of a Medical Support Working Group to identify any impediments to effective enforcement of medical support and
to recommend appropriate remedies. [The Medical Support Working Group’s report was issued in August of 2000.]. P.L. 105-306 included technical amendments to CSPIA that reduced, by 20%, the penalty for State
failure to meet the deadline for compliance with child support data processing and information retrieval requirements.
This law also amended the effective date for State enactment of certain medical support requirements. P.L. 105-187, the Deadbeat Parents Punishment Act, established felony violations for the willful
failure to pay legal child support obligations in interstate cases. P.L. 106-113, Consolidated Appropriations Act, 2000, contained several provisions affecting child
support. Section 454A of the Social Security Act is amended by requiring State child support automated data processing
and information retrieval systems to disclose to Private Industry Councils certain information on noncustodial
parents for the purpose of contacting them regarding their participation in the welfare-to-work program. The Act
also provided that if a State plan would be disapproved for failure to establish a disbursement unit for child
support payments, but the State had submitted, by April 1, 2000, a corrective compliance plan acceptable to the
Secretary, then the Secretary shall not disapprove the State plan for spousal and child support (but the amount
otherwise payable to the State will be reduced as a penalty). The Act also required the Secretary of State, in
consultation with the Secretary of Health and Human Resources, to submit a report to Congress on the feasibility
of lowering the threshold amount of an individual’s support arrearage, from $5,000 to $2,500, before the Secretary
of State must refuse to issue a passport to such an individual. P.L. 106-169, the Foster Care Independence Act of 1999, narrowed the hold harmless provision for
State share distribution of collected child support.
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