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3 Facts About Child Support Enforcement

3 Facts About Child Support Enforcement

Introduction

Child support enforcement has been a topic of debate for many years. The objective of child support is to ensure that both parents share the responsibility of providing for their children, even after a separation or divorce. However, enforcing child support orders can be a challenge, as some parents are reluctant or fail to make payments. This article seeks to explore 3 facts about child support enforcement.

Fact #1: Child support enforcement is primarily a state issue

Child support enforcement is primarily a state issue. Each state has its own laws and regulations regarding child support, and it is up to state-run child support enforcement agencies to enforce these laws. The federal government also plays a role in child support enforcement through the Office of Child Support Enforcement (OCSE), which provides technical assistance and funding to state-run child support enforcement agencies.

State-run child support enforcement agencies are responsible for ensuring that child support orders are enforced and that payments are made. They have the authority to collect child support payments, enforce court orders, establish paternity, and locate non-custodial parents. They also have the ability to sanction parents who fail to make child support payments, including garnishing wages, seizing tax refunds, and suspending driver’s licenses.

In recent years, child support enforcement agencies have increasingly turned to technology to help enforce child support orders. For example, many agencies now use electronic databases to locate non-custodial parents who have moved or changed jobs. They also have the ability to intercept payments from tax refunds or unemployment benefits.

Fact #2: Child support enforcement has a significant impact

Child support enforcement has a significant impact on both families and the government. For families, child support payments can make a big difference in their financial stability. Custodial parents who receive child support are more likely to have a higher standard of living, and their children are more likely to have access to healthcare, education, and other necessities.

Child support enforcement also has a positive impact on government finances. When custodial parents receive child support payments, they are less likely to rely on government assistance programs such as Temporary Assistance for Needy Families (TANF) and Medicaid. This saves the government money and helps to reduce the number of families living in poverty.

According to a report by the OCSE, in fiscal year 2019, child support enforcement agencies collected $28.2 billion in child support payments. This represents a significant increase from the $21.9 billion collected in fiscal year 2010. The report also found that in fiscal year 2019, 70% of child support payments were made through automatic income withholding, which is the most effective way to ensure that child support payments are made on time and in full.

Despite the positive impact of child support enforcement, there are still challenges to ensuring that all parents make their child support payments. Non-custodial parents who are behind on child support payments can face a range of sanctions, including jail time. However, some parents may still refuse to make payments or may not have the financial means to do so.

Fact #3: COVID-19 has created new challenges for child support enforcement

The COVID-19 pandemic has created new challenges for child support enforcement. Many people have lost their jobs or had their income reduced due to the pandemic, making it more difficult for them to make child support payments. Additionally, the closure of many courthouses and child support offices has made it harder for parents to navigate the child support system.

To address these challenges, the federal government and some states have taken steps to modify child support enforcement during the pandemic. For example, some states have temporarily suspended the accrual of interest on unpaid child support during the pandemic, while others have modified child support orders to reflect changes in income.

The federal government has also provided funding to state-run child support enforcement agencies to help them respond to the pandemic. In March 2020, the federal government provided $1 billion in emergency funding to state-run child support enforcement agencies under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This funding was intended to help agencies continue to enforce child support orders and provide services during the pandemic.

Conclusion

Child support enforcement is an important issue that affects families and governments across the country. State-run child support enforcement agencies play a critical role in ensuring that child support orders are enforced and that parents are held accountable for making payments. While child support enforcement has a positive impact on families and governments, there are still challenges to ensuring that all parents make their payments. The COVID-19 pandemic has only added to some of these challenges, but with the help of technology and government funding, state-run child support enforcement agencies are working to find ways to ensure that families continue to receive the financial support they need.


What is Child Support Enforcement?

A Child Support Payment is a court-mandated, legal measure classified as financial restitution with regard to circumstances involving child support payment disputes. Typically, Child Support payments are awarded to the custodial parent – the parent responsible for the sole custody of the child or children produced from a marriage – from the non-custodial parent, which is a classification of a parent lacking legal custody over the children in question:

However, in certain cases, the parent responsible for the satisfaction of Child Support payments may be unable – or unwilling – to fulfill the requirements of payments; as a result, legal instruments defined as Child Support enforcement institutions may be facilitated in order to remand any or all Child Support payments in default

Child Support enforcement is similar to the methodology undertaken in the case of the enforcement of outstanding debts; subsequent to the assessment and verification of defaulted child support payments, Child Support enforcement methods can be legally instituted from the presiding court or presiding child support agency.

Reasons for Child Support Enforcement

Child Support payments are determined subsequent to the assessment of the amount of income earned by both parents – custodial and non-custodial – is factored in to the determination of child support. Both parents maintain the right to life and earnings that allow for their respective needs to be met.

Income may be permitted to be apportioned or allotted in conjunction to the financial needs in correlation to the established child support payment.  However, Child Support enforcement can be undertaken for a variety of reasons, which can range from matters of financial insolvency to refusal of payment.

Measures of Child Support Enforcement

Child Support enforcement can range in its severity; typically, the larger the amount of Child Support payments in default will be directly proportional to the severity of the measures undertaken by Child Support enforcement institutions; measures of Child Support enforcement can take place through the utilization a variety of methodology:

Child Support Enforcement institutions may choose place liens, repossessions, and legal holds with regard to items of presumed value in the possession of the parent in default of child support payments in order to facilitate the fulfillment of child support payments

Despite the fact that Child Support payments can neither be taxed, nor submitted as tax write-offs, tax refunds belonging to individuals in default with regard to Child Support payments may undergo the repossession of expected tax refunds

A Child Support enforcement registry is a public display – through media depiction or text – listing individuals alleged to have defaulted on Child Support payments; typically, the implementation of the Child Support enforcement registry will be displayed both on television, as well as on the Internet

Measures of wage garnishment undertaken by Child Support enforcement institutions in the event that an individual has defaulted on their respective Child Support payments; upon the garnishment of wages, Child Support enforcement may replevin a portion of the wages earned as a result of the defaulting parent’s employment