Points of discussion
- State and federal involvement with child support
- State v. federal
- Before Title IV-D
- Part D of Title IV is signed into law-effective July 1, 1975
- Program delayed by 1 month-effective August 1, 1975
- In essence...
Introduction
Title IV-D was enacted into law on January 4, 1975, by President Ford. Prior to the 1975 Act, the collection of child support and the provision of care for minor children were significant concerns for both state and federal governments.
The state and federal government viewed child support differently.
Below are 10 facts that outline the evolution of Title IV-D into the current child support collections program that is enforced today.
1
Before the implmentation of Title IV-D, the state and federal governments recognized the obligation of parents to provide for the basic needs of their minor children.
2
States recognized the harm caused by parents neglecting their children.
By 1886, 11 states enacted laws categorizing the abandonment of a child or the failure to provide for their children as a felony.
From 1905 to 1914, more states implemented desertion laws that classified such negligent actions as either a misdemeanor or felony. Furthermore, an additional 19 states enacted legislation that addressed various elements of desertion.
3
A crucial aspect of Title IV-D involves reimbursing the government for funds allocated from Aid for Dependent Children (AFDC) to support abandoned children.
The idea of reimbursing the government for financial assistance provided to needy children originates from the Elizabethan Poor Law, which was enacted in England in 1601.
AFDC agencies were mandated to notify law enforcement agencies when welfare funds were disbursed as a result of a parent’s abandonment.
The underlying principle is to hold parents accountable for their minor children, thereby preventing the financial burden from falling on the government.
4
Congress acknowledged that the makeup of the AFDC caseload had increased due to a rise in the number of ‘deserted’ children resulting from divorce and out-of-wedlock births.
To ensure parental accountability, amendments to the Social Security Act in 1965 permitted welfare agencies to access the home and employment addresses of absent parents from the federal office.
The Act of 1967 mandated that courts possess jurisdiction over child support orders and establish a division for paternity determination. This was essential as, by 1971, the overall caseload had escalated to 10 million, which was twice the figure recorded in 1967.
5
The report from the General Accounting Office in 1972 indicated that the majority of states were failing to meet the requirements, as evidenced by poor performance in child support collections.
The lack of compliance was linked to the federal governing office’s failure to offer clear guidelines.
Many Congressmen concurred that a national program with substantial federal oversight and precise directions could eventually lessen reliance on government welfare programs.
6
Part D of Title IV provided a framework for child support collections.
This created a path for reimbursing states the money expended on welfare programs created for families in need and comply with the state and federal mandate that parents accept responsibility for their children.
In essence...
Title IV-D offered a solution for streamling child support.
7
The Social Security Act was amended to add Title IV-D.
The amendment requires States to establish a child support service program with four services: locate noncustodial parents; establish paternity; establish & enforce child support obligations; and collect, distribute & disburse support payments.
8
The Social Security Act was amended to add Title IV-D.
Efforts to collect child support are overseen by the Office of Child Support Services (OCSS) 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.
Office of Child Support Services (OCSS) as of June 5, 2023 previously known as Office of Child Support Enforcement.
Name change to Office of Support Services (OCSS). IM-23-02.
Federal Register V.88, Number 107, Page 36587.
9
Office of Child Support Enforcement includes 10 regions guided by the Division of Regional Operations.
Region 1 – Boston, Massachusetts
Region 2 – New York, New York
Region 3 – Philadelphia, Pennsylvania
Region 4 – Atlanta, Georgia
Region 5 – Chicago, Illinois
Region 6 – Dallas, Texas
Region 7 – Kansas City, Missouri
Region 8 – Denver, Colorado
Region 9 – San Francisco, California
Region 10 – Seattle, Washington
10
Title IV-D was in passed on January 4, 1975.
Implementation date was July 1, 1975.
However...
Implementation date for Title IV-D was delayed for 1 month.
States lacked statutory authorization or unable to fulfill guidelines with payments and disposable income.
During that 1 month period, Congress amended the child support guidelines to address concerns by the state
In essence...
Title IV-D went into effect August 1, 1975.
Related articles
Over the years, the program has evolved. Amendments to Title IV-D of the Social Security Act aim to enhance the efficiency of child support collection processes.
The Bradley amendment prohibits the retroactive modification of child support arrearages. It prevents states from making retroactive changes to child support.
The 1975 Act laid the foundation for a program that changed the character of family law with long-term implications on the parent-child relationship.
