The federal Child Support Enforcement program in Title IV-D of the Social Security Act was created as a program designed to recover taxpayer money spent on several federal welfare programs.
1910: The Uniform Desertion and Non-Support Act made it a crime to willfully abandon
or neglect to provide support for children under the age of 16.
The History of Child Support in the U.S.
1950: Social Security Act Amendments which added 402(a)(11) to the Act, 42 U.S.C. 602(a)(11), requiring state AFDC agencies to notify appropriate law enforcement officials when a child received AFDC because of abandonment or desertion
by a parent. The intent was that these parents be held responsible for the support of their minor children, not thrusting that cost upon the government and, ultimately, the taxpayer.
SupportGuidelines.com | Article: Child Support Enforcement in the United States and the Role of the Private Bar
The intent of federal IV-D legislation is supposed to be to recoup taxpayer money already spent on providing these welfare services to children who have been willfully abandoned
by a parent [or parents] and left to rely on the government to self-sustain.
Follow the money
The Money flow USA
1975: THE CREATION OF THE GOVERNMENT CHILD SUPPORT ENFORCEMENT PROGRAM
Injecting the Federal Government into domestic relations; President Ford signed the Social Service Amendments of 1974. The measure gave SSA the responsibility to locate deserting parents of their children
Social Security History
The CSE program was passed by Congress in 1975 (P.L. 93-647) with two primary goals. The first goal was to reduce public expenditures
for actual and potential welfare recipients by obtaining ongoing support from noncustodial parents. The second goal was to establish paternity
for children born outside marriage so that child support could be obtained. The December 1974 Finance Committee report on the CSE legislation stated, “The problem of welfare in the United States is, to a considerable extent, a problem of the non-support of children by their absent parents
” (U.S. Congress, Senate Committee on Finance, Social Services Amendments of 1974, report to accompany H.R. 17045, 93rd Cong. 2nd sess., S.Rept. 93-1356, p. 42). It also stated that the result of a new federal-state CSE program would be to lower welfare costs to the taxpayer and to deter fathers from abandoning their families.
Both welfare and nonwelfare families are eligible for CSE services.
[url=https://greenbook-waysandmeans.hous...house.gov/files/2012/documents/RL33422_gb.pdf]Analysis of Federal-State Financing of the Child Support Enforcement Program, Congressional Research Service ~ Carmen Solom-Fears Specialist in Social Policy[/url]
On January 4, 1975, President Gerald Ford signed into law the Social Security Amendments of 1974, which, among its other provisions, created a state-federal child support enforcement program under a new part D of title IV of the Social Security Act. This is now generally referred to as the "IV-D program." The purpose of this new partnership between the states and the federal government was directly tied to the existing federal program of cash assistance, or "welfare," under the Title IV-A, "Assistance to Families with Dependent Children" (AFDC). Specifically, the new IV-D program was designed to accomplish two welfare system-related goals through the enforcement of child support: (1) recover for state and federal governments the costs of public assistance paid out to families ("cost recovery")
; and (2) help families on welfare leave the public assistance rolls and help families not yet on welfare avoid having to turn to public assistance ("cost avoidance"). Because the intent of Congress was that the IV-D program [establish paternity and] reduce expenditures
for public assistance; in order to limit the growth of the public assistance rolls, Congress made IV-D services available to families not on AFDC. These non-public assistance families could voluntarily apply for IV-D services; they could, also, close their IV-D cases at any time
Child Support Enforcement Counsel
Child Support Enforcement in the United States and the Role of the Private Bar
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program (Title IV-D of the Social Security Act) to (1) reduce public expenditures
for welfare recipients by obtaining ongoing support from noncustodial parents that could reimburse the state and federal governments for part of their expenses (i.e., welfare cost-recovery) and (2) [Cost-avoidance]… . While welfare cost-recovery still remains an important function of the program, its other aspects include service delivery and promotion of self-sufficiency and parental responsibility. The CSE program has different rules for welfare and non-welfare families.
Congressional Research Services, Child Support Enforcement: Program Basics
Child Support Enforcement is a welfare service for needy children (by definition ) which is regulated by Title IV-D of the Social Security Act.
According to the law, Federal Title IV-D dollars can only be spent on Title IV-D services. Title IV-D services include all child support services provided in Michigan with the exception of custody and parenting time [those services are paid for with State and local dollars]. A case qualifies for Title IV-D services when children are receiving public assistance or a custodial party or non-custodial parent has requested Title IV-D services.
Needy by definition:
the “Assignment” of debt under 408 (a)(3) of the Social Security Act should ONLY be valid if the child is receiving or has received public assistance; the key is section 301.1 of the definitions in title 45 CFR. Title 45 Section 302 says all child support recovery assignments in which the custodial parent receive TANF comes from a assignment from 301.1, which states the assignment came from 408 (a)(3) when the family receives assistance. Prohibitions; Requirements (A) General.— “…not exceeding the total amount of assistance so provided to the family,
which accrue (or have accrued) before the date the family ceases to receive assistance under the program, which assignment, on and after such date, shall not apply with respect to any support (other than support collected pursuant to section) which accrued before the family received such assistance and which the State has not collected.”
Social Security Act §408
45 CFR Part 302 - STATE PLAN REQUIREMENTS
45 CFR 301.1 - General definitions.
Child support payments enable parents who do not live with their children to fulfill their financial responsibility to their children by contributing to the payment of childrearing costs;
and paternity establishment is a prerequisite for obtaining a child support order, federal law requires an affidavit to be completed by men voluntarily
[Section 466(a)(5)(D) of the Social Security Act
(42 U.S.C. § 666(a)(5)(D)
) stipulates that an unmarried woman cannot put a man’s name on a child’s birth record/certificate unless the man has voluntarily
acknowledged that he is the father of that child…] acknowledging paternity and entitles the affidavit to full faith and credit in any state. A written stipulation of the parents 'parties litigant' is required in the record before orders can be valid; in Michigan for a Friend of The Court case, the parties must enter into a written agreement that is reviewed and entered in the record by the court.
[For your information (FYI) - this may be insignificant but nonetheless...
Title IV-D of the Social Security Act- Federal Child Support laws substitute a number 6 for the number 4 that each section begins with = USC, United Stated code sections. e.g. Section 454 in Title IV-D of Social Security Act is the same as United States Code USC Section 654.
Social Security Act §454
42 U.S.C. § 654 - U.S. Code Title 42. The Public Health and Welfare § 654]
Season 1 Episode 1
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