Points of discussion
- Over 50 amendments to Title IV-D have been passed.
- Amendments presenting major changes in the collection process
- Child Support Performance and Incentive Act (CSPIA)
- States receive incentive payments based on CSPIA
- Most recent amendment became effective January 5, 2021.
- Discussions about Title IV-D and child support continue
- In essence...
Introduction
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. The child support collection process, since the enactment of the government program involve a plethora of laws and guidelines designed to simplify child support collections across the country. Stakeholders in the child support process, whether parents, families, courts or state governments Title IV-D of the Social Security Act, is frequently brought up in discussions about child support collection efforts.
Amendments to Title IV-D of the Social Security Act aim to enhance the efficiency of child support collection processes. More than 50 amendments have been implemented, many of which have broadened the Title IV-D program’s reach, significantly affecting parents.
Child support performance
Child Support Performance and Incentive Act (CSPIA) was established in 1998 which connected incentive payments to states based on performance in five areas:
- Paternity establishment
- Establishment of child support orders
- Amount of current child support collected
- Amount of back child support collected
- Amount of back child support collected
Other features were added including a capped annual pool for incentives issued to the states based performance in the five areas and minimum requirements for each measure to qualify for payments.
In 2002, states were issued incentive funds based on CSPIA established four years earlier.
Amendment Changes
Several amendments have expanded the scope of the Title IV-D program with far-reaching implications for parents.
- Bradley amendment of 1984
The Bradley Amendment of 1984 prohibits judges from reducing arrears in child support for any reason.
- Child Support Enforcement Amendments of 1984
The Child Support Enforcement Amendments of 1984 asserts income withholding directly from employer.
- Family Support Act of 1988
Family Support Act of 1988 with the Child Support Enforcement and Establishment of Paternity
- General Accounting Office in 1994
The General Accounting Office in 1994 indicated that failure to pay could result in the revocation of drivers’ and professional licenses.
Below is a summary of the key amendments enacted since the introduction of Title IV-D of the Social Security Act.
| Public Law | Title | Enactment date |
|---|---|---|
| P.L. 81-734 | Social Security Amendments of 1950 | 28-Aug-50 |
| —- | Uniform Reciprocal Enforcement of Support Act (URESA) | See Note (below) |
| P.L. 89-97 | Social Security Amendments of 1965 | 30-Jul-65 |
| P.L. 90-248 | Social Security Amendments of 1967 | 02-Jan-68 |
| P.L. 93-647 | Social Services Amendments of 1974 | 04-Jan-75 |
| P.L. 94-46 | N.A. | 30-Jun-75 |
| P.L. 94-88 | N.A. | 09-Aug-75 |
| P.L. 94-365 | N.A. | 14-Jul-76 |
| P.L. 94-566 | Unemployment Compensation Amendments of 1976 | 20-Oct-76 |
| P.L. 95-30 | Tax Reduction and Simplification Act of 1977 | 23-May-77 |
| P.L. 95-59 | Extension of Certain Social Welfare Programs | 30-Jun-77 |
| P.L. 95-142 | Medicare-Medicaid Anti-Fraud and Abuse Amendments | 25-Oct-77 |
| P.L. 95-171 | N.A. | 12-Nov-77 |
| P.L. 95-598 | Bankruptcy Reform Act of 1978 | 06-Oct-78 |
| P.L. 96-178 | N.A. | 02-Jan-80 |
| P.L. 96-265 | Social Security Disability Amendments of 1980 | 09-Jun-80 |
| P.L. 96-272 | Adoption Assistance and Child Welfare Act of 1980 | 17-Jun-80 |
| P.L. 96-611 | N.A. | 28-Dec-80 |
| P.L. 97-35 | Omnibus Budget Reconciliation Act of 1981 | 13-Aug-81 |
| P.L. 97-248 | Tax Equity and Fiscal Responsibility Act of 1982 | 03-Sep-82 |
| P.L. 97-252 | Uniformed Services Former Spouses' Protection Act | 08-Sep-82 |
| P.L. 97-253 | Omnibus Budget Reconciliation Act of 1982 | 08-Sep-82 |
| P.L. 98-21 | Social Security Amendments of 1983 | 20-Apr-83 |
| P.L. 98-353 | Bankruptcy Amendments and Federal Judgeship Act of 1983 | 10-Jul-84 |
| P.L. 98-369 | Deficit Reduction Act of 1984 | 18-Jul-84 |
| P.L. 98-378 | Child Support Enforcement Amendments of 1984 | 16-Aug-84 |
| P.L. 99-509 | Omnibus Budget Reconciliation Act of 1986 (Summary) | 21-Oct-86 |
| P.L. 100-203 | Omnibus Budget Reconciliation Act of 1987 | 22-Dec-87 |
| P.L. 100-300 | International Child Abduction Remedies Act | 29-Apr-88 |
| P.L. 100-485 | Family Support Act of 1988 | 13-Oct-88 |
| P.L. 101-239 | Omnibus Budget Reconciliation Act of 1989 | 19-Dec-89 |
| P.L. 101-508 | Omnibus Budget Reconciliation Act of 1990 | 05-Nov-90 |
| P.L. 102-521 | Child Support Recovery Act of 1992 | 25-Oct-92 |
| P.L. 102-537 | Ted Weiss Child Support Enforcement Act of 1992 | 27-Oct-92 |
| P.L. 103-66 | Omnibus Budget Reconciliation Act of 1993 | 10-Aug-93 |
| P.L. 103-383 | Full Faith and Credit for Child Support Orders Act | 20-Oct-94 |
| P.L. 103-394 | Bankruptcy Reform Act of 1994 | 22-Oct-94 |
| P.L. 103-403 | Small Business Administration Amendments of 1994 | 22-Oct-94 |
| P.L. 103-432 | Social Security Amendments of 1994 | 31-Oct-94 |
| P.L. 104-35 | N.A. | 12-Oct-95 |
| P.L. 104-134 | Debt Collection Improvement Act o 1996 | 26-Apr-96 |
| P.L. 104-193 | Personal Responsibility and Work Opportunity Reconciliation Act of 1996 | 22-Oct-96 |
| P.L. 105-33 | Balanced Budget Act of 1997 | 05-Aug-97 |
| P.L. 105-34 | Taxpayer Relief Act of 1997 | 05-Aug-97 |
| P.L. 105-89 | Adoption and Safe Families A t of 1997 | 19-Nov-97 |
| P.L. 105-187 | Deadbeat Parents Punishment Act of 1998 | 24-Jun-98 |
| P.L. 105-200 | Child Support Performance and Incentive Act of 1998 | 16-Jul-98 |
| P.L. 105-306 | Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 | 28-Oct-98 |
| P.L. 106-113 | Consolidated Appropriations Act, 2000 | 29-Nov-99 |
| P.L. 106-169 | Foster Care Independence Act of 1999 | 14-Dec-99 |
| P.L. 108-199 | Consolidated Appropriations Act, 2004 | 23-Jan-04 |
| P.L. 108-295 | SUTA Dumping Prevention Act of 2004 | 09-Aug-04 |
| P.L. 108-447 | Consolidated Appropriations Act, 2005 | 08-Dec-04 |
| P.L. 109-171 | Deficit Reduction Act of 2005 | 08-Feb-06 |
| P.L. 109-250 | Returned Americans Protection Act | 27-Jul-06 |
| P.L. 110-157 | Dr. James Allen Veteran Vision Equity Act of 2007 | 26-Dec-07 |
| P.L. 110-351 | Fostering Connections to Success and Increasing Adoptions Act of 2008 | 07-Oct-08 |
| P.L. 111-5 | American Recovery and Reinvestment Act of 2009 | 17-Feb-09 |
| P.L. 111-291 | Claims Resolution Act of 2010 | 08-Dec-10 |
| P.L. 112-40 | Trade Adjustment Assist, Ext, Act of 2011 | 21-Oct-11 |
| P.L. 113-37 | Department of Veterans Affairs Expiring Autorities Act 2013 | September 30 2013 |
| P.L. 113-183 | Preventing Sex Trafficking and Strengthening Families Act | 29-Sep-14 |
| P.L. 115-123 | * Bipartisan Budget Act of 2018 (Modernizing child support enforcement fees) | 09-Feb-18 |
| P.L. 116-315 | Johny Isakson & David P. Roe, M.D. Veterans Health Care and | 05-Jan-21 |
| Benefits Improvement Act of 2020 |
Excluded in number as not applicable to Title IV DA and child support
P.L. 104-35 N.A. October 1, 1995
Retrieved from the Congressional Research Service (CRS).
Note: By 1957, all states, the District of Columbia, and the territories of Guam, Puerto Rico, and the Virgin Islands had adopted URESA.
N.A. = Not Available, no official or unofficial title.
No CSE legislation was enacted in 2015.
In essence...
Amendments to Title IV-D of the Social Security Act aim to enhance the efficiency of child support collection processes. More than 50 amendments have been implemented, many of which have broadened the Title IV-D program’s reach, significantly affecting parents.
For instance, the Bradley Amendment of 1984 prohibits judges from reducing arrears in child support for any reason; the Child Support Enforcement Amendments of 1984 mandates income withholding; and the General Accounting Office in 1994 indicated that failure to pay could result in the revocation of drivers’ and professional licenses.
Notably...
Title IV-D and its role in child support remains a topic of ongoing discussion.
