Points of discussion
- U.S. government has been involved in child support collection since 1858
- Maintains a constant emphasis of parental responsibility
- Child support program oversees aspects of the collection process.
- Technology has advanced child support collection efforts.
- Title IV-D was created to simplify child support collection
- Title IV-D became effective January 4, 1975
- Delay in implenting Title IV-D
- In essence...
Introduction
For more than 160 years, both state and federal governments have played a role in the child support system. The existing legislation is influenced by English law, a carryover from the Elizabethan Poor Laws of 1601, which emphasizes the fundamental duty of parents to support their children.
In the United States, Title IV-D of the Social Security Act was established in 1975 to streamline the child support collection process through the Office of Child Support Enforcement (OCSE), which operates under the Department of Health and Human Services.
Over the years, technology has made it possible for the authorities to enforce child support orders by monitoring the collection process. As a result, child support collections, both within the U.S. and internationally, have become more effective from a collections purpose perspective.
This article discusses the evolution of child support collection changes over time.
Child Support Enforcement (OCSE)
One of the earliest legal child support cases occurred in New York in 1858. The court acknowledged that “A parent is under a natural obligation to furnish necessaries for his … children…”.
Child support remains a focus in the judicial system, operating under the principle that parents must fulfill their responsibilities towards their children.
Today, efforts to collect child support are overseen by the Office of Child Support Enforcement (OCSE) under the Department of Health and Human Services (DHHS), the enforcement of orders are handled by a variety of local, county, and state jurisdictions throughout the U.S.
Title IV-D of the Social Security Act
Title IV-D is legislation that governs child support through the collection and distribution of funds through state and federal governments. Prior to the enacting of Title IV-D, child support collections were less structured and widely divergent in the oversight of child support.
In some cases, taking advantage of the lack of regulations in child support collections, parents could go across state or county line and manipulate the court orders and avoid paying child support.
Title IV-D of the Social Security Act became effective January 4, 1975.
Currently, through Title IV-D, states are incentivized to cooporate with child support collections and receive remuneration based on a five-point system determined by Title IV-D regulations. The five aspects include: paternity establishment, establishment of child support orders, amount of current child support collected, amount of back child support collected and cost effectiveness.
Five aspects
- Paternity establishment
- establishment of child support orders
- Amount of child support collected
- Amount of back child support collected
- Cost effectiveness
Timeline of child support collection efforts
1601-English influence
The basis of child support is derived from “The Elizabethan Poor Law of 1601 authorized local parishes to recover the money they spent in aiding single mothers and children from a nonsupporting father. But this statute was triggered only when the family involved was absolutely destitute; it therefore provided no assistance to single mothers left economically vulnerable after a divorce or separation. Also, the Elizabethan Poor Law only allowed towns to recoup their relief costs. It allowed no recovery for third parties or for single mothers who needed to be reimbursed for child support expenses.”
1858
Van Valkinburgh, the New York court stated: “A parent is under a natural obligation to furnish necessaries for his infant children; and if the parent neglect that duty, any other person who supplies such necessaries is deemed to have conferred a benefit on the delinquent parent, for which the law raises an implied promise to pay on the part of the parent.”
1875
“Mrs. Campbell obtained a divorce from Mr. Campbell, won the custody of their only child, and secured a child support order of one dollar per week and alimony of one hundred dollars per year from Mr. Campbell.”
1884
“[A] wife who is without means and without fault may pledge her husband’s credit for necessaries for children who are in her custody through his fault or his consent, but not if she is in fault, or holds the children without fault on his part and against his wishes.” David Stewart
1896
“Eleven states had made it a penal offense for a father to abandon or refuse to support his minor children.” Retrieved from digital commons.law.yale.edu
1898
The United States government made attempts to encourage parental responsibility presenting guidelines to enforce ‘child support’ for ‘absent’ parents.
1910
Uniform Desertion and Nonsupport Act “In 1910 the Commissioners on Uniform State Laws proposed the Uniform Desertion and Nonsupport Act (1910 Act) which created a criminal action against fathers who deserted or willfully refused to support their children under sixteen. The 1910 Act failed as an enforcement mechanism because prosecutors were reluctant to charge nonsupporting fathers with a crime which could result in a jail sentence and loss of employment. The 1910 Act contained no interstate enforcement provisions.”
1912
1912 (P.L. 62-116) An act To establish in the Department of Commerce and Labor a bureau to be known as the Children’s Bureau. April 9, 1912 79. “Congress created the federal Children’s Bureau requiring it to “investigate and report. . . upon all matters pertaining to the welfare of children and child life among all classes of our people.” “The Children’s Bureau was instrumental in a number of early twentieth century reforms aimed at reducing infant mortality and ending child labor.”
1935
Social Security Act (P.L. 74-271), enacted in 1935. “The first part of the 1930s the leaders of the Children’s Bureau were instrumental in helping to shape several titles of the original Social Security Act (P.L. 74-271), enacted in 1935. Among these were the provisions related to Child Welfare Services (originally authorized in Title V, Part 3 of the Social Security Act, but moved to Title IV-B by the Social Security Amendments of 1967, P.L. 90-248). Specifically the 1935 act authorized $1.5 million in funds, annually (and on an indefinite basis), “for the purpose of enabling the United States, through the Children’s Bureau, to cooperate with State public welfare agencies in establishing, extending, and strengthening, especially in predominantly rural areas, public [child] welfare services . . . for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent.” All cooperating states received a base allotment of funds ($10,000), with remaining funds distributed based on each state’s relative share of the rural population.”
1950
The first Federal child support enforcement legislation was Public Law 81–734, “The Social Security Act Amendments of 1950, which added section 402(a)(11) to the Social Security Act (42 USC 602(a)(11)). The legislation required State welfare agencies to notify appropriate law enforcement officials upon providing Aid to Families with Dependent Children (AFDC) to a child who was abandoned or deserted by a parent. Also that year, the National Conference of Commissioners on Uniform State Laws and the American Bar Association approved the Uniform Reciprocal Enforcement of Support Act (URESA; subsequent amendments to this act were approved in 1952, 1958, and 1968).”
1965
Public Law 89–97, “the Social Security Amendments of 1965, allowed a State or local welfare agency to obtain from the Secretary of Health, Education, and Welfare the address and place of employment of an absent parent who owed child support under a court order for support.”
1967
Social Security Amendments of 1967.Signed January 2, 1968.“The Social Security Amendments of 1967 (P.L. 90-248) (enacted January 1968) required every state to provide foster care assistance as a part of its AFDC program. The law also permitted eligibility for federal foster care assistance if a child would have been eligible for AFDC in the month removal proceedings occurred had someone applied for those benefits or, if the child was living with a relative for no more than 6 months after leaving the home that was found “contrary to the welfare” of the child and would have been eligible for benefits. (Previously a child must have actually been receiving benefits before removal to be eligible for federal foster care assistance.)”
1974
P.L. No.93-647. Child Support Enforcement program was signed into law as a part of the Social Services Amendments of 1974.
1975
Title IV-D became effectiveJanuary 4, 1975 under President Ford.
In essence...
The U. S. government has been engaged in child support collection efforts since 1858, upholding the principle that parents are obligated to support their children. Over the years, the child support program has evolved, taking on additional responsibilities. Title IV-D was established to streamline the child support collection process.
This provision of the Social Security Act came into effect on January 4, 1975, and is administered by the Office of Child Support Enforcement (OCSF), which operates under the Department of Health and Human Services (DHHS). The issue of child support continues to be a significant concern within the judicial system.
Stay tuned for further discussion about child support collections.
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