- The CSE Program was established in 1975 under Title
IV-D of the Social Security Act.
The
program was designed as a joint partnership between
the federal, state, and local governments
and
involves 54 separate state and territorial systems;
however, each of the 54 systems has its own
unique
laws and procedures.
- Personal Responsibility and Work Opportunity
Act of 1996 (PRWORA):
- National New Hire
Reporting System (Effective 10/1/97):
- Establishes a Federal Case Registry and
National Directory of New Hires, to aid in
tracking
delinquent parents across state lines. - It requires that all employers report new
hires to state agencies for transmittal to
the National
Directory of New Hires. - It also expanded and streamlined the
procedures for direct withholding of child
support from
non-custodial parent's wages. - Streamlined Paternity
Establishment (Effective 10/1/96):
- The law streamlines the legal process for
paternity establishment, with the voluntary
in-hospital
paternity establishment program. - The law also mandates that states publicize
the availability and encourage the use of
voluntary
paternity establishment process. - Uniform Interstate Child
Support Laws (Effective 1/1/98):
- Provides the establishment of uniform rules, procedures, and forms for interstate cases.
- Computerized State-wide
Collections (Effective 10/1/98):
- Establishes a central registry of child support orders and centralized collection and dispersement.
- It also requires expidited state procedures for child support enforcement.
- Tougher Penalties:
- Expanded wage garnishment, requirments for
obligated parent to work, seizure of assests,
require community service (in some cases), and revocation of driver's, professional, recreational,
and occupational licenses. - Access and Visitation
Programs:
- Includes grants to states that develop
programs that support children's visitation
with and access
to their non-custodial parents.
- Deadbeat
Parents Punishment Act of 1998: (originally Deadbeat Punishment Act of 1996)
- Felony Penalties for
Egregious Failure to Pay Child Support:
- Traveling across state or country lines with
the intent to evade child support, is now
considered
a felony, if the obligation has remained unpaid for a period longer than one year or is greater than
$5,000.00 - When the obligation has remained unpaid for a
period of longer than two years or is greater
than
$10,000.00, willful failure to pay child support to a child residing it in another state is considered
a felony. - Upon conviction under this act, the court is
to order restitution in an amount equal to
the total unpaid
support obligation as it exists at the time of the sentencing
The Facts:
- The Department of Health and Human Services (federal
government) provides technical and financial
assistance through the Office of Child Support Enforcement, which also operates the Federal Parent
Locator System. - Currently, only about 50% of custodial parents due
Child Support receive full payment of their support,
25% receive partail payment and the remaining 25% receive nothing despite recent improvements in
the law. - Under Federal law, all States with State
income tax must offset State income tax refunds for
past-due
support owed to families and to States for cash assistance they have provided. - States can request an offset of Federal income tax
refunds for past-due support of over $500.00 owed
on behalf of minor children not recieving cash assistance as well as over $150.00 owed to States that
have provided assistance. - Under certain conditions, the IRS can attach a
parent's income and other assets for child support
payments. The CSE agency can submit the request when the amount owed is over $750.00 and there
is good evidence that the obligated parent has assets that can be tapped for collection. - Unemployment benefits can also be tapped to pay a parent's child support obligation.
- By Federal law, the CSE office must
periodically report the amount of past due child
support to credit
reporting agencies.
