Child Support Enforcement: Program Basics

Changes from September 8, 2022 to July 19, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Child Support Enforcement: Program Basics
~~September 8, 2022~~July 19, 2023
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program
(Title IV-D of the Social Security Act). The primary purpose of this program was to reduce (Title IV-D of the Social Security Act). The primary purpose of this program was to reduce
Jessica Tollestrup
public expenditures for recipients of cash assistance by obtaining ongoing support from public expenditures for recipients of cash assistance by obtaining ongoing support from
Specialist in Social Policy Specialist in Social Policy
noncustodial parents that could be used to reimburse the state and federal governments for part of noncustodial parents that could be used to reimburse the state and federal governments for part of

that assistance. (This purpose often is referred to as that assistance. (This purpose often is referred to as public assistance cost-recovery.) Relatedly, .) Relatedly,
the program also sought to strengthen families by securing financial support for children from the program also sought to strengthen families by securing financial support for children from

their noncustodial parents on a consistent and continuing basis to enable some of those families their noncustodial parents on a consistent and continuing basis to enable some of those families
to remain to remain ~~self-sufficient and~~ off public assistance. Over the years, CSE has evolved into a multifaceted program. While off public assistance. Over the years, CSE has evolved into a multifaceted program. While
public assistance cost-recovery still remains an important function of the program, its other aspects include service delivery public assistance 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 assistance families and promotion of self-sufficiency and parental responsibility. The CSE program has different rules for assistance families
(e.g., those receiving cash benefits under the Temporary Assistance for Needy Families program; TANF) and non-assistance (e.g., those receiving cash benefits under the Temporary Assistance for Needy Families program; TANF) and non-assistance
families. families.
The CSE program provides seven major services on behalf of children: (1) parent location, (2) paternity establishment, (3) The CSE program provides seven major services on behalf of children: (1) parent location, (2) paternity establishment, (3)
establishment of child support orders, (4) review and modification of child support orders, (5) collection of child support establishment of child support orders, (4) review and modification of child support orders, (5) collection of child support
payments, (6) distribution of child support payments, and (7) establishment and enforcement of medical support. payments, (6) distribution of child support payments, and (7) establishment and enforcement of medical support.
The CSE program has a vast array of enforcement methods at its disposal. Most child support payments are collected from The CSE program has a vast array of enforcement methods at its disposal. Most child support payments are collected from
noncustodial parents through income withholding. Other methods of enforcement include intercepting federal and state noncustodial parents through income withholding. Other methods of enforcement include intercepting federal and state
income tax refunds; intercepting unemployment compensation; filing liens against property; sending insurance settlement income tax refunds; intercepting unemployment compensation; filing liens against property; sending insurance settlement
information to CSE agencies; intercepting lottery winnings, judgments, or settlements; seizing debtor parent assets held by information to CSE agencies; intercepting lottery winnings, judgments, or settlements; seizing debtor parent assets held by
public or private retirement funds and financial institutions; withholding, suspending, or restricting driver’s licenses, public or private retirement funds and financial institutions; withholding, suspending, or restricting driver’s licenses,
professional or occupational licenses, and recreational or sporting licenses; and denying, revoking, or restricting passports. professional or occupational licenses, and recreational or sporting licenses; and denying, revoking, or restricting passports.
The CSE program is funded via a number of sources. The program is a federal-state matching grant program under which The CSE program is funded via a number of sources. The program is a federal-state matching grant program under which
states must spend money in order to receive federal funding. For every dollar a state spends on CSE expenditures, it generally states must spend money in order to receive federal funding. For every dollar a state spends on CSE expenditures, it generally
is reimbursed 66 cents from the federal government. This reimbursement requirement is “open ended,” in that there is no is reimbursed 66 cents from the federal government. This reimbursement requirement is “open ended,” in that there is no
upper limit or ceiling on the federal government’s match of those expenditures. In addition to matching funds, states receive upper limit or ceiling on the federal government’s match of those expenditures. In addition to matching funds, states receive
CSE incentive payments from the federal government. States also collect child support on behalf of families receiving TANF CSE incentive payments from the federal government. States also collect child support on behalf of families receiving TANF
assistance to reimburse themselves (and the federal government) for the cost of that assistance to the family. Finally, fees and assistance to reimburse themselves (and the federal government) for the cost of that assistance to the family. Finally, fees and
costs recovered also help finance the CSE program. costs recovered also help finance the CSE program.
In In ~~FY2021~~FY2022, the CSE program paid to families $, the CSE program paid to families $~~28.1~~26.3 billion in child support and served billion in child support and served ~~nearly 12.7~~more than 12.3 million child support million child support
cases. The program collects cases. The program collects 6764.6% of current child support obligations for which it has responsibility (% of current child support obligations for which it has responsibility (2119.5% if payments on % if payments on
past-due child support are taken into account), and collects payments for past-due child support are taken into account), and collects payments for ~~66.7~~62.3% of its caseload. In % of its caseload. In ~~FY2021~~FY2022, total CSE , total CSE
expenditures amounted to $expenditures amounted to $~~5.9~~6.1 billion. On average, in billion. On average, in ~~FY2021~~FY2022 the CSE program collected $ the CSE program collected $~~5.27~~4.73 in child support payments in child support payments
for each $1 spent on the program. for each $1 spent on the program.
In recent years, CSE programs have been increasingly concerned with the issues of noncustodial parents’ access to and In recent years, CSE programs have been increasingly concerned with the issues of noncustodial parents’ access to and
engagement with their children. The $10 million per year CSE Access and Visitation Grants Program, issues related to engagement with their children. The $10 million per year CSE Access and Visitation Grants Program, issues related to
parenting time agreements, and the $75 million per year Responsible Fatherhood Program (administered elsewhere within parenting time agreements, and the $75 million per year Responsible Fatherhood Program (administered elsewhere within
HHS) are described in the final section of the report. HHS) are described in the final section of the report.
Congressional Research Service Congressional Research Service

Child Support Enforcement: Program Basics

Background
In general, child support is the cash payment that noncustodial parents are obligated to pay for the In general, child support is the cash payment that noncustodial parents are obligated to pay for the
financial support of their children. These payments enable parents who do not live with their financial support of their children. These payments enable parents who do not live with their
children to fulfill their financial responsibility to them by contributing to childrearing costs. Child children to fulfill their financial responsibility to them by contributing to childrearing costs. Child
support orders generally are established when parents divorce or separate, or when the custodial support orders generally are established when parents divorce or separate, or when the custodial
parent applies for certain public benefits. parent applies for certain public benefits.
The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program The Child Support Enforcement (CSE) program was enacted in 1975 as a federal-state program
(Title IV-D of the Social Security Act).1 The primary purpose of this program was to reduce (Title IV-D of the Social Security Act).1 The primary purpose of this program was to reduce
public expenditures for recipients of cash assistance by obtaining ongoing support from public expenditures for recipients of cash assistance by obtaining ongoing support from
noncustodial parents that could be used to reimburse the state and federal governments for part of noncustodial parents that could be used to reimburse the state and federal governments for part of
that assistance. (This purpose often is referred to as that assistance. (This purpose often is referred to as public assistance cost-recovery.) Relatedly, .) Relatedly,
the program also sought to strengthen families by securing financial support for children from the program also sought to strengthen families by securing financial support for children from
their noncustodial parents on a consistent and continuing basis to enable some of those families to their noncustodial parents on a consistent and continuing basis to enable some of those families to
remain remain ~~self-sufficient and~~ off public assistance.2 Over the years, CSE has evolved into a off public assistance.2 Over the years, CSE has evolved into a
multifaceted program.3 While public assistance cost-recovery still remains an important function multifaceted program.3 While public assistance cost-recovery still remains an important function
of the program, its other aspects include service delivery and promotion of self-sufficiency and of the program, its other aspects include service delivery and promotion of self-sufficiency and
parental responsibility. The CSE program has different rules for assistance families (e.g., those parental responsibility. The CSE program has different rules for assistance families (e.g., those
receiving cash benefits under the Temporary Assistance for Needy Families program [TANF]) receiving cash benefits under the Temporary Assistance for Needy Families program [TANF])
and non-assistance families. and non-assistance families.
The CSE program is administered by the Office of Child Support The CSE program is administered by the Office of Child Support ~~Enforcement (OCSE~~Services (OCSS) in the ) in the
Department of Health and Human Services (HHS)Department of Health and Human Services (HHS)~~, and~~. (Prior to June 5, 2023, this office was named the Office of Child Support Enforcement [OCSE].4) The program receives mandatory funding each fiscal receives mandatory funding each fiscal
year in the Departments of Labor, Health and Human Services, and Education, and Related year in the Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act. All 50 states, the District of Columbia, Guam, Puerto Rico, the Agencies Appropriations Act. All 50 states, the District of Columbia, Guam, Puerto Rico, the
Virgin Islands, and 60 tribal nations operate CSE programs and are entitled to federal matching Virgin Islands, and 60 tribal nations operate CSE programs and are entitled to federal matching
funds.funds.45 The CSE program is estimated to handle the majority of all child support cases; The CSE program is estimated to handle the majority of all child support cases;~~5 the~~
~~remaining cases are handled by private attorneys, collection agencies, or through mutual~~
~~agreements between the parents.~~
~~Under federal law, families receiving cash benefits through the Temporary Assistance for Needy~~
~~Families program (Title IV-A of the Social Security Act) or Medicaid coverage (Title XIX of the~~

~~1 The CSE statute is found in Sections 451 through 469B of the Social Security Act (42 U.S.C. §651 through §669b).~~
~~The CSE federal regulations are found in 45 C.F.R. §301 through §310.~~
~~2 See S. Rept. 93-1356, pp. 42-55.~~
~~3 See, for example, U.S. Department of Health and Human Services (HHS)~~6 1 The CSE program statutory authorities are found in Sections 451 through 469B of the Social Security Act (42 U.S.C. §651 through §669b). The CSE federal regulations are found in 45 C.F.R. §301 through §310. Note that Title IV-D and the regulations in 45 C.F.R. refer to the Office of Child Support Enforcement and the Child Support Enforcement Program. However, on June 5, 2023, the U.S. Department of Health and Human Services (HHS) published a notice in the Federal Register changing the name of the program and administering entity within HHS to the Office of Child Support Services in Part K of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services, Administration for Children and Families (ACF) (Federal Register, Vol. 88, No. 107, Monday July 5, 2023, p. 36587). As no conforming changes have been made to Title IV-D or 45 C.F.R, this report continues to refer to the program as Child Support Enforcement. 2 See S. Rept. 93-1356, pp. 42-55. 3 See, for example, HHS, Office of the Assistant Secretary for , Office of the Assistant Secretary for
Planning and Evaluation (ASPE), “The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Planning and Evaluation (ASPE), “The Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
August 31, 1996, https://aspe.hhs.gov/reports/personal-responsibility-work-opportunity-reconciliation-act-1996. August 31, 1996, https://aspe.hhs.gov/reports/personal-responsibility-work-opportunity-reconciliation-act-1996.
4 4 See footnote 1. For citations, this report uses the name of the entity and program listed on the cited publication. 5 States were historically required to provide CSE services to Indian tribes and tribal organizations as part of their CSE States were historically required to provide CSE services to Indian tribes and tribal organizations as part of their CSE
caseloads. Tribes were not specifically included in the CSE statute until the Personal Responsibility and Work caseloads. Tribes were not specifically included in the CSE statute until the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193), although several tribes had previously negotiated Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193), although several tribes had previously negotiated
agreements (e.g., informal, cooperative, intergovernmental, and joint powers) with some states in a mutual effort to agreements (e.g., informal, cooperative, intergovernmental, and joint powers) with some states in a mutual effort to
serve Native American children. Section 456(f) of the Social Security Act allows direct federal funding of approved serve Native American children. Section 456(f) of the Social Security Act allows direct federal funding of approved
tribal CSE programs. In general, Native American children living on Indian reservations that have a tribal CSE tribal CSE programs. In general, Native American children living on Indian reservations that have a tribal CSE
program are covered by that specific tribal CSE program; Native American children who do not live on Indian program are covered by that specific tribal CSE program; Native American children who do not live on Indian
reservations are covered by the state’s CSE program. For further information, see https://www.acf.hhs.gov/css/child-reservations are covered by the state’s CSE program. For further information, see https://www.acf.hhs.gov/css/child-
support-professionals/tribal-agencies. support-professionals/tribal-agencies.
56 Elaine Sorensen, Arthur Pashi, and Melody Morales, Elaine Sorensen, Arthur Pashi, and Melody Morales, Characteristics of Families Served by the Child Support (IV-D)
~~Program: 2016 Census Survey Results, Office of Child Support Enforcement, November 2018, p. 3,~~
~~https://www.acf.hhs.gov/sites/default/files/programs/css/iv_d_characteristics_2016_census_results.pdf.~~
~~Congressional Research Service~~

1

~~link to page 6~~ ~~Child Support Enforcement: Program Basics~~

(continued...) Congressional Research Service 1 link to page 6 Child Support Enforcement: Program Basics the remaining cases are handled by private attorneys, collection agencies, or through mutual agreements between the parents. Under federal law, families receiving cash benefits through the Temporary Assistance for Needy Families program (Title IV-A of the Social Security Act) or Medicaid coverage (Title XIX of the Social Security Act)—and, at state option, families receiving Supplemental Nutrition Assistance Social Security Act)—and, at state option, families receiving Supplemental Nutrition Assistance
Program (SNAP) assistance—are required to cooperate with the CSE program as a condition of Program (SNAP) assistance—are required to cooperate with the CSE program as a condition of
receiving benefits.receiving benefits.67 These assistance families are not charged for CSE services. Collections on These assistance families are not charged for CSE services. Collections on
behalf of families receiving cash TANF benefits are used, in part, to reimburse state and federal behalf of families receiving cash TANF benefits are used, in part, to reimburse state and federal
governments for the TANF payments made to the family. Other families must apply for CSE governments for the TANF payments made to the family. Other families must apply for CSE
services, and states must charge all non-assistance families an annual user fee that cannot exceed services, and states must charge all non-assistance families an annual user fee that cannot exceed
$35.$35.78 Child support collected by CSE agencies on behalf of non-TANF families goes to the Child support collected by CSE agencies on behalf of non-TANF families goes to the
family, usually through the state disbursement unit. family, usually through the state disbursement unit.
Child support payments distributed by CSE agencies increased from $1 billion in FY1978 to Child support payments distributed by CSE agencies increased from $1 billion in FY1978 to
$$~~29.5~~27.4 billion in billion in ~~FY2021.8~~FY2022.9 (The CSE program also distributed an additional $3. (The CSE program also distributed an additional $3.21 billion in child billion in child
support for non-Title IV-D cases.) Over the same period, the number of children whose paternity support for non-Title IV-D cases.) Over the same period, the number of children whose paternity
was established or acknowledged each year increased from 111,000 to 1.was established or acknowledged each year increased from 111,000 to 1.~~473~~276 million. The million. The
program collects program collects 2119.5% of child support obligations for which it has responsibility if payments on % of child support obligations for which it has responsibility if payments on
past-due child support (i.e., “arrearages”) are taken into account (otherwise, past-due child support (i.e., “arrearages”) are taken into account (otherwise, ~~67%)9~~64.6%)10 and collects and collects
payments for payments for 6762.3% of its caseload. In % of its caseload. In ~~FY2021~~FY2022, total CSE expenditures (federal and state) , total CSE expenditures (federal and state)
amounted to $amounted to $~~5.9~~6.1 billion. On average, in billion. On average, in ~~FY2021~~FY2022 the CSE program collected $ the CSE program collected $~~5.27~~4.73 in child in child
support payments for each $1 spent on the program. support payments for each $1 spent on the program.
Table 1, below, provides low, provides ~~FY2021~~FY2022 data on the CSE program, including total collections and data on the CSE program, including total collections and
expenditures, caseload numbers, and the number of paternities and child support orders expenditures, caseload numbers, and the number of paternities and child support orders
established. The balance of this report describes each of the major program elements of the CSE established. The balance of this report describes each of the major program elements of the CSE
program. It also includes a discussion of CSE Access and Visitation Grants, issues related to program. It also includes a discussion of CSE Access and Visitation Grants, issues related to
parenting time agreements, and the Responsible Fatherhood Program (administered elsewhere parenting time agreements, and the Responsible Fatherhood Program (administered elsewhere
within HHS). within HHS).

6 Program: 2016 Census Survey Results, Office of Child Support Enforcement, November 2018, p. 3, https://www.acf.hhs.gov/sites/default/files/programs/css/iv_d_characteristics_2016_census_results.pdf. 7 In addition, families who are required by the state Supplemental Nutrition Assistance Program (SNAP) to cooperate In addition, families who are required by the state Supplemental Nutrition Assistance Program (SNAP) to cooperate
with the CSE agency automatically qualify for CSE services free of charge. One or both parents of a child who is with the CSE agency automatically qualify for CSE services free of charge. One or both parents of a child who is
placed in foster care may be ordered to pay child support, but the determination of whether this requirement should be placed in foster care may be ordered to pay child support, but the determination of whether this requirement should be
made is left up to the state child welfare agency. Section 471(a)(17) of the Social Security Act requires the child made is left up to the state child welfare agency. Section 471(a)(17) of the Social Security Act requires the child
welfare agency “where appropriate” to secure assignment of child support rights on behalf of any child receiving foster welfare agency “where appropriate” to secure assignment of child support rights on behalf of any child receiving foster
care support pursuant to Title IV-E of the Social Security Act. However, the establishment of a child support order is care support pursuant to Title IV-E of the Social Security Act. However, the establishment of a child support order is
not a condition of Title IV-E foster care support. not a condition of Title IV-E foster care support.
78 Roughly half of states have opted to require that the custodial parent cooperate with the CSE program as a condition Roughly half of states have opted to require that the custodial parent cooperate with the CSE program as a condition
of receiving child care subsidies (see HHS, of receiving child care subsidies (see HHS, ~~Office of the Assistant Secretary for Planning and Evaluation~~ASPE, , Child
Support Cooperation Requirements in Child Care Subsidy Programs and SNAP: Key Policy Considerations,” ,”
November 1, 2018, https://aspe.hhs.gov/pdf-report/child-support-cooperation-requirements-child-care-subsidy-November 1, 2018, https://aspe.hhs.gov/pdf-report/child-support-cooperation-requirements-child-care-subsidy-
programs-and-snap-key-policy-considerations). If a state opts to exempt these families from the annual user fee, programs-and-snap-key-policy-considerations). If a state opts to exempt these families from the annual user fee, ~~they~~
the state must reimburse the federal government its portion of the fees that otherwise would have been collected. must reimburse the federal government its portion of the fees that otherwise would have been collected.
89 Unless otherwise noted, all Unless otherwise noted, all ~~FY2021~~FY2022 data in this report is from HHS, Office of Child Support Enforcement data in this report is from HHS, Office of Child Support Enforcement, ~~FY2021~~
(OCSE), FY2022 Preliminary Data Report and Tables, Department of Health and Human Services, https://www.acf.hhs.gov/css/policy-guidance/fy-, https://www.acf.hhs.gov/css/policy-guidance/fy-
~~2021~~2022-preliminary-data-report-and-tables. -preliminary-data-report-and-tables.
~~9 In FY2021~~10 In FY2022, $145.5 billion in child support obligations ($, $145.5 billion in child support obligations ($~~32.0~~31.3 billion in current support and $ billion in current support and $~~113.5~~114.1 billion in past-due billion in past-due
support) was owed to families receiving CSE services, but $support) was owed to families receiving CSE services, but $~~30.5~~28.3 billion was paid ($ billion was paid ($~~21.4~~20.2 billion current, $ billion current, $98.1 billion .1 billion
past-due; numbers do not sum to total due to rounding). past-due; numbers do not sum to total due to rounding).
Congressional Research Service Congressional Research Service

2 2

link to page 7 Child Support Enforcement: Program Basics

Table 1. Preliminary Child Support Data—~~FY2021~~FY2022
Total CSE caseload Total CSE caseload
Total, 12., 12.73 mil ion; mil ion; TANF families, 0.9 mil ion; , 0.9 mil ion; former-TANF families, , ~~5.1~~4.8 mil ion; mil ion;
never-TANF families, 6., 6.65 mil ion mil ion
Total CSE distributed Total CSE distributed
Total, $, $~~29.522~~27.404 bil ion; bil ion; TANF families, $0. families, $0.~~709~~616 bil ion; bil ion; former-TANF, $, $~~8.776~~7.574 bil ion; bil ion;
col ections col ections
never-TANF, $, $~~10.383~~9.8 bil ion (plus $9. bil ion (plus $9.~~654~~415 bil ion on behalf of Medicaid-only bil ion on behalf of Medicaid-only
families) families)
Payments to families Payments to families
Total, $, $~~28.063~~26.261 bil ion; bil ion; TANF, $0., $0.~~117~~107 bil ion; bil ion; former-TANF, $, $~~7.697~~6.757 bil ion; bil ion; never--
TANF, $, $~~10.209~~9.634 bil ion (plus $9. bil ion (plus $9.~~227~~016 bil ion on behalf of Medicaid-only families); in bil ion on behalf of Medicaid-only families); in
addition, $addition, $~~716~~648 mil ion in mil ion in medical support, $, $9796 mil ion mil ion passed through to current
TANF families, and, and $$54 mil ion mil ion passed through to former TANF families
Federal share of TANF Federal share of TANF
$ $~~868~~670 mil ion mil ion
reimbursement reimbursement
State share of TANF State share of TANF
$ $~~514~~400 mil ion mil ion
reimbursement reimbursement
Total CSE expenditures Total CSE expenditures
$ $~~5.908~~6.109 bil ion; bil ion; federal share, $3., $3.~~529~~694 bil ion, bil ion, state share, $2., $2.~~379~~415 bil ion bil ion
Incentive payments to states Incentive payments to states
Data not available for FY2022. FY2021 amount was $509 mil ion.~~$509 mil ion~~
(estimated) (estimated)
Paternities established and Paternities established and
1, 1,~~472,708~~275,657
acknowledged acknowledged
Cases for which support Cases for which support
~~610,743~~627,223 (includes only new orders; excludes modifications) (includes only new orders; excludes modifications)
orders were established orders were established
Cases for which col ections Cases for which col ections
Total, ~~8,440,747~~7,658,707: : TANF, , ~~383,200~~337,386; ; former-TANF, , ~~3,419,916~~2,935,154; ; never-TANF, 4,, 4,~~637,631~~386,167
were made were made
Source: Table prepared by the Congressional Research Service, based on data from the Office of Child Support : Table prepared by the Congressional Research Service, based on data from the Office of Child Support
Enforcement (HHS), Enforcement (HHS), ~~FY2021~~FY2022 Preliminary Data Report, available at https://www.acf.hhs.gov/css/policy-guidance/fy- Preliminary Data Report, available at https://www.acf.hhs.gov/css/policy-guidance/fy-
~~2021~~2022-preliminary-data-report-and-tables. -preliminary-data-report-and-tables.
Note: Numbers may not add to totals due to rounding. “TANF” amounts include both TANF families (Title IV-Numbers may not add to totals due to rounding. “TANF” amounts include both TANF families (Title IV-
A of the Social Security Act) and col ections on behalf of children receiving foster care support pursuant to Title A of the Social Security Act) and col ections on behalf of children receiving foster care support pursuant to Title
IV-E of the Social Security Act. IV-E of the Social Security Act.
Program Elements
The CSE program provides seven major services on behalf of children: (1) parent location, (2) The CSE program provides seven major services on behalf of children: (1) parent location, (2)
paternity establishment, (3) establishment of child support orders, (4) review and modification of paternity establishment, (3) establishment of child support orders, (4) review and modification of
child support orders, (5) collection of child support payments, (6) distribution of child support child support orders, (5) collection of child support payments, (6) distribution of child support
payments, and (7) establishment and enforcement of medical support.payments, and (7) establishment and enforcement of medical support.10
Parent Location
If a state’s CSE program cannot locate the noncustodial parent with the information provided by If a state’s CSE program cannot locate the noncustodial parent with the information provided by
the custodial parent, it must try to locate the noncustodial parent through the State Parent Locator the custodial parent, it must try to locate the noncustodial parent through the State Parent Locator
Service (SPLS). The SPLS in each state is an assembly of systems that includes the State Child Service (SPLS). The SPLS in each state is an assembly of systems that includes the State Child

~~10 Federal law requires every Title IV-D child support order to include a provision for health care coverage. It requires~~
~~that medical support for a child be provided by either or both parents and that it must be enforced. It authorizes the state~~
~~CSE agency to enforce medical support against a custodial or noncustodial parent whenever health care coverage is~~
~~available to that parent at reasonable cost. Moreover, it stipulates that medical support may include health care~~
~~coverage (including payment of costs of premiums, co-payments, and deductibles) and payment of medical expenses~~
~~for a child. (For additional information on medical child support, see CRS Report R43020,~~ ~~Medical Child Support:~~
~~Background and Current Policy~~.)
~~Congressional Research Service~~

3

~~link to page 7~~ ~~Child Support Enforcement: Program Basics~~

Support Case Registry and the State Directory of New Hires. The automated State Child Support Support Case Registry and the State Directory of New Hires. The automated State Child Support
Case Registry, as required by federal law, contains records of each case in which CSE services are Case Registry, as required by federal law, contains records of each case in which CSE services are
being provided and all new or modified child support orders. The registry includes information on being provided and all new or modified child support orders. The registry includes information on
the case, the child or children in the case, and both parents, as listed ithe case, the child or children in the case, and both parents, as listed in Table 2.
Congressional Research Service 3 Child Support Enforcement: Program Basics Table 2. State Child Support Case Registry: Selected Data Elements
Information on the
Information on Both
Case Information
Child(ren)
Parents
•
case identification number case identification number
•
name name
•
name name
•
case status case status
•
date of birth date of birth
•
date of birth date of birth
•
child support owed under the order child support owed under the order
•
Social Security number Social Security number
•
Social Security number Social Security number
•
amounts col ected amounts col ected
•
amounts distributed amounts distributed
•
any arrearages, interest, or late penalty any arrearages, interest, or late penalty
charges charges
•
any liens imposed with respect to the order any liens imposed with respect to the order
Source: HHS,HHS, OCSE, Policy Responses Regarding the State Case Registry and the Federal Case Registry, AT-98-OCSE, Policy Responses Regarding the State Case Registry and the Federal Case Registry, AT-98-
08, March 5, 1998, available at https://www.acf.hhs.gov/css/08, March 5, 1998, available at https://www.acf.hhs.gov/css/~~resource/state-case-registry-federal~~policy-guidance/policy-responses-regarding-state-case--case-registry-and-federal-case-registry~~registry-of-~~
~~child-support-orders~~. .
Each state also has an automated State Directory of New Hires that includes information from Each state also has an automated State Directory of New Hires that includes information from
employers, including federal, state, and local governments and labor organizations. For each employers, including federal, state, and local governments and labor organizations. For each
newly hired employee, this directory includes the name, address, and Social Security number of newly hired employee, this directory includes the name, address, and Social Security number of
the employee, and the employer’s name, address, and tax identification number. This information the employee, and the employer’s name, address, and tax identification number. This information
generally is supplied to the directory within 20 days after the employee is hired. generally is supplied to the directory within 20 days after the employee is hired.
The SPLS also may use other information sources, such as telephone directories, motor vehicle The SPLS also may use other information sources, such as telephone directories, motor vehicle
registries, tax files, and employment and unemployment records. registries, tax files, and employment and unemployment records.
In addition to the resources discussed above, a state can request the assistance of the Federal In addition to the resources discussed above, a state can request the assistance of the Federal
Parent Locator Service (FPLS).11 The FPLS is an assembly of systems, including the state Parent Locator Service (FPLS).11 The FPLS is an assembly of systems, including the state

systems discussed above, operated by the OCSS. It can be used for any of the following purposes: • parent location; • establishing parentage; • establishing, setting the amount of, modifying, or enforcing child support obligations; or 11 Developed in cooperation with the states, employers, federal agencies, and the judiciary, the FPLS includes the 11 Developed in cooperation with the states, employers, federal agencies, and the judiciary, the FPLS includes the
following: following:
• The National Directory of New Hires (NDNH): a central repository of employment, unemployment insurance, and • The National Directory of New Hires (NDNH): a central repository of employment, unemployment insurance, and
wage data from State Directories of New Hires, State Workforce Agencies, and federal agencies. wage data from State Directories of New Hires, State Workforce Agencies, and federal agencies.
• The Federal Case Registry (FCR): a national database that contains information on individuals in child support cases • The Federal Case Registry (FCR): a national database that contains information on individuals in child support cases
and child support orders. and child support orders.
• The Federal Offset Program (FOP): a program that collects past-due child support payments from the tax refunds of • The Federal Offset Program (FOP): a program that collects past-due child support payments from the tax refunds of
parents who have been ordered to pay child support. parents who have been ordered to pay child support.
• The Federal Administrative Offset Program (FAOP): a program that intercepts certain federal payments in order to • The Federal Administrative Offset Program (FAOP): a program that intercepts certain federal payments in order to
collect past-due child support. collect past-due child support.
• The Passport Denial Program (PDP): a program that works with the Secretary of State in denying passports of any • The Passport Denial Program (PDP): a program that works with the Secretary of State in denying passports of any
person that has been certified as owing a child support debt greater than $2,500. person that has been certified as owing a child support debt greater than $2,500.
• The Multistate Financial Institution Data Match (MSFIDM): a program that allows child support agencies a means of • The Multistate Financial Institution Data Match (MSFIDM): a program that allows child support agencies a means of
locating financial assets of individuals owing child support. locating financial assets of individuals owing child support.
For additional information on the FPLS, see For additional information on the FPLS, see ~~http~~https://www.acf.hhs.gov/://www.acf.hhs.gov/~~programs/css/resource/federal-parent-locator-~~
~~service-information-for-families~~css/training-technical-assistance/overview-federal-parent-locator-service. .
Congressional Research Service Congressional Research Service

4 4

Child Support Enforcement: Program Basics

~~systems discussed above, operated by the Office of Child Support Enforcement (OCSE). It can be~~
~~used for any of the following purposes:~~
~~ parent location;~~
~~ establishing parentage;~~
~~ establishing, setting the amount of, modifying, or enforcing child support~~
~~obligations; or~~
• enforcing child custody or visitation orders.12 enforcing child custody or visitation orders.12
The FPLS assists federal and state agencies in identifying overpayments and fraud, and assessing The FPLS assists federal and state agencies in identifying overpayments and fraud, and assessing
benefits. Its component systems can access data from the Social Security Administration, the benefits. Its component systems can access data from the Social Security Administration, the
Internal Revenue Service, the Department of Defense, the Department of Veterans Affairs, the Internal Revenue Service, the Department of Defense, the Department of Veterans Affairs, the
National Security Agency, the Federal Bureau of Investigation, and State Employment Security National Security Agency, the Federal Bureau of Investigation, and State Employment Security
Agencies. The FPLS also can search its federal case registry of child support orders and the Agencies. The FPLS also can search its federal case registry of child support orders and the
national directory of new hires (NDNH), which is a federal directory consisting of information national directory of new hires (NDNH), which is a federal directory consisting of information
from federal agencies and all of the state directories.13 from federal agencies and all of the state directories.13
Automation is critical to the operation and success of the CSE program so that records in the Automation is critical to the operation and success of the CSE program so that records in the
various parent location systems can be cross-checked to aid in the location of noncustodial various parent location systems can be cross-checked to aid in the location of noncustodial
parents.14 Federal law requires that a designated state agency (directly or by contract) conduct parents.14 Federal law requires that a designated state agency (directly or by contract) conduct
automated comparisons of the Social Security numbers reported by employers to the state automated comparisons of the Social Security numbers reported by employers to the state
directory of new hires and those associated with CSE cases that appear in the State Child Support directory of new hires and those associated with CSE cases that appear in the State Child Support
Case Registry. It also requires the HHS Secretary to conduct similar comparisons of the federal Case Registry. It also requires the HHS Secretary to conduct similar comparisons of the federal
directories.15 directories.15
Paternity Establishment
Legally identifying the father is a prerequisite for obtaining a child support order. For any Legally identifying the father is a prerequisite for obtaining a child support order. For any
children born into a marriage, the husband is generally deemed to be the father; therefore, in children born into a marriage, the husband is generally deemed to be the father; therefore, in
divorce cases, paternity generally does not need to be affirmatively established. In nonmarital divorce cases, paternity generally does not need to be affirmatively established. In nonmarital
birth cases, however, paternity must be established prior to when a child support order is birth cases, however, paternity must be established prior to when a child support order is
obtained. (With regard to same-sex parents, states are permitted by Title IV-D of the Social obtained. (With regard to same-sex parents, states are permitted by Title IV-D of the Social
Security Act to adopt gender-neutral processes for establishing parentage. However, the Security Act to adopt gender-neutral processes for establishing parentage. However, the

procedures that are specified in Title IV-D related to genetic testing would generally not be applicable in such cases.16) Federal law requires states to have procedures that permit the establishment of paternity for all children under the age of 18.17 TANF applicants and recipients are legally required to cooperate in 12 PRWORA (P.L. 104-193) permits both custodial and certain noncustodial parents to obtain information from the 12 PRWORA (P.L. 104-193) permits both custodial and certain noncustodial parents to obtain information from the
FPLS. The Balanced Budget Act of 1997 (P.L. 105-33), however, prohibits FPLS information from being disclosed to FPLS. The Balanced Budget Act of 1997 (P.L. 105-33), however, prohibits FPLS information from being disclosed to
noncustodial parents in cases where there is evidence of domestic violence or child abuse, and the local court noncustodial parents in cases where there is evidence of domestic violence or child abuse, and the local court
determines that disclosure may result in harm to the custodial parent or child. determines that disclosure may result in harm to the custodial parent or child.
13 Within three business days after receipt of new hire information from the employer, the state directory of new hires is 13 Within three business days after receipt of new hire information from the employer, the state directory of new hires is
required to furnish the information to the national directory of new hires. (For additional information, see CRS Report required to furnish the information to the national directory of new hires. (For additional information, see CRS Report
RS22889, RS22889, The National Directory of New Hires: In Brief.) .)
14 The Child Support Performance and Incentive Act of 1998 (P.L. 105-200) imposes financial penalties on states that 14 The Child Support Performance and Incentive Act of 1998 (P.L. 105-200) imposes financial penalties on states that
failed to meet the law’s automated data systems requirements. The HHS Secretary is required to reduce the amount the failed to meet the law’s automated data systems requirements. The HHS Secretary is required to reduce the amount the
state would otherwise have received in federal CSE funding by the penalty amount for the fiscal year in question. state would otherwise have received in federal CSE funding by the penalty amount for the fiscal year in question.
Section 455(a)(4)(B) of the Social Security Act (42 U.S.C. §655(a)(4)(B)) stipulates that the penalty amount percentage Section 455(a)(4)(B) of the Social Security Act (42 U.S.C. §655(a)(4)(B)) stipulates that the penalty amount percentage
is 4% in the case of the first year of noncompliance; 8% in the second year; 16% in the third year; 25% in the fourth is 4% in the case of the first year of noncompliance; 8% in the second year; 16% in the third year; 25% in the fourth
year; and 30% in the fifth or any subsequent year. year; and 30% in the fifth or any subsequent year.
15 When a match occurs, the state directory of new hires is required to report to the state CSE agency the name, address, 15 When a match occurs, the state directory of new hires is required to report to the state CSE agency the name, address,
and Social Security number of the employee, and the employer’s name, address, and identification number. Within two and Social Security number of the employee, and the employer’s name, address, and identification number. Within two
business days, the CSE agency then instructs appropriate employers to withhold child support obligations from the business days, the CSE agency then instructs appropriate employers to withhold child support obligations from the
employee’s paycheck, unless the employee’s income is not subject to income withholding. employee’s paycheck, unless the employee’s income is not subject to income withholding.
~~Congressional Research Service~~

5

~~Child Support Enforcement: Program Basics~~

~~procedures that are specified in Title IV-D related to genetic testing would generally not be~~
~~applicable in such cases.16)~~
~~Federal law requires states to have procedures that permit the establishment of paternity for all~~
~~children under the age of 18.17 TANF applicants and recipients are legally required to cooperate in~~
16 For further information, see HHS, OCSE, “Same-Sex Parents and Child Support Program Requirements,” PIQ-22-02, March 29, 2022, https://www.acf.hhs.gov/css/policy-guidance/same-sex-parents-and-child-support-program-requirements. 17 Section 466(a)(5) of the Social Security Act (42 U.S.C. §666(a)(5)). The DRA (P.L. 109-171) reduced the 90% (continued...) Congressional Research Service 5 Child Support Enforcement: Program Basics establishing paternity or obtaining support payments, and may be penalized for noncooperation. If establishing paternity or obtaining support payments, and may be penalized for noncooperation. If
it is determined that an individual is not cooperating and that individual does not qualify for any it is determined that an individual is not cooperating and that individual does not qualify for any
good cause or other exception, the state must reduce the family’s TANF benefit by at least 25%, good cause or other exception, the state must reduce the family’s TANF benefit by at least 25%,
and may eliminate it entirely. Additional federal requirements associated with paternity and may eliminate it entirely. Additional federal requirements associated with paternity
establishment include the following: establishment include the following:
• state CSE programs must establish paternity for at least 90% of the CSE cases state CSE programs must establish paternity for at least 90% of the CSE cases
needing such a determination; needing such a determination;
• each state must implement a simple civil process for establishing paternity; each state must implement a simple civil process for establishing paternity;
• an affidavit must be available an affidavit must be available ~~that can be completed by men voluntarily~~
~~acknowledging paternity and that the affidavit~~ to voluntarily acknowledge paternity and a completed affidavit must be entitled to full faith and credit be entitled to full faith and credit
in any state;18 in any state;18
• a signed acknowledgment of paternity must be considered a legal finding of a signed acknowledgment of paternity must be considered a legal finding of
paternity unless it is rescinded within 60 days, and thereafter may be challenged paternity unless it is rescinded within 60 days, and thereafter may be challenged
in court only on the basis of fraud, duress, or material mistake of fact; and in court only on the basis of fraud, duress, or material mistake of fact; and
• no judicial or administrative action will be needed to ratify an acknowledgment no judicial or administrative action will be needed to ratify an acknowledgment
that is not challenged.19 that is not challenged.19
For contested paternity cases, federal law further requires that all parties submit to genetic For contested paternity cases, federal law further requires that all parties submit to genetic
testing.20 testing.20
Establishment of Child Support Orders
A child support order is a legal document that obligates a noncustodial parent to provide financial A child support order is a legal document that obligates a noncustodial parent to provide financial
support for support for ~~his or her~~their children, and stipulates the amount of the obligation and how it is to be children, and stipulates the amount of the obligation and how it is to be
paid. It is usually established at the time of divorce or when an unmarried couple dissolves their paid. It is usually established at the time of divorce or when an unmarried couple dissolves their
relationship. It also may be established when cooperation is required as a condition of receiving relationship. It also may be established when cooperation is required as a condition of receiving
public assistance.21 public assistance.21

~~16 For further information, see HHS, OCSE, “Same-Sex Parents and Child Support Program Requirements,” PIQ-22-~~
~~02, March 29, 2022, https://www.acf.hhs.gov/css/policy-guidance/same-sex-parents-and-child-support-program-~~
~~requirements.~~
~~17 Section 466(a)(5) of the Social Security Act (42 U.S.C. §666(a)(5)). The DRA (P.L. 109-171) reduced the 90%~~
~~federal matching~~ The child support order is established administratively by a state/county CSE agency or through the state courts. Federal law requires states to use their state-established guidelines in establishing child support orders.22 These guidelines are a set of rules and tables that are used to determine the amount of the child support order. Child support guidelines are designed to protect the best interests of the child or children in question by trying to ensure that they continue to benefit from the financial resources of both parents in situations in which the parents go their separate ways. They are also intended to make the calculation of child support fair, objective, consistent, and federal financial participation rate for laboratory costs associated with paternity establishment to 66% as of October 1, 2006. rate for laboratory costs associated with paternity establishment to 66% as of October 1, 2006.
18 Section 466(a)(5)(D) of the Social Security Act (42 U.S.C. §666(a)(5)(D)) stipulates that 18 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~~when parents are unmarried, the “father” shall be included in the birth record only if both parents have signed a voluntary acknowledgement of paternity, or a court or administrative agency has , or a court or administrative agency has ~~ruled that the man is the father of the child in question~~issued an adjudication of paternity. .
19 Sections 452(g) and 466 of the Social Security Act (42 U.S.C. §652(g) and §666). 19 Sections 452(g) and 466 of the Social Security Act (42 U.S.C. §652(g) and §666).
20 Federal law requires states to have procedures that create a rebuttable or, at the option of the state, conclusive 20 Federal law requires states to have procedures that create a rebuttable or, at the option of the state, conclusive
presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the
actual father of the child (Section 466(a)(5)(G) of the Social Security Act) (42 U.S.C. §666(a)(5)(G)). actual father of the child (Section 466(a)(5)(G) of the Social Security Act) (42 U.S.C. §666(a)(5)(G)).
21 Families required to cooperate with the CSE agency under federal law include those receiving TANF cash assistance 21 Families required to cooperate with the CSE agency under federal law include those receiving TANF cash assistance
or Medicaid coverage, and those in states that have adopted cooperation requirements for their SNAP programs. or Medicaid coverage, and those in states that have adopted cooperation requirements for their SNAP programs.
Roughly half of states have additionally opted under their own laws to require cooperation of recipients of child care Roughly half of states have additionally opted under their own laws to require cooperation of recipients of child care
subsidies. subsidies.
22 See the Family Support Act of 1988 (P.L. 100-485). Congressional Research Service Congressional Research Service

6 6

Child Support Enforcement: Program Basics

~~The child support order is established administratively by a state/county CSE agency or through~~
~~the state courts. Federal law requires states to use their state-established guidelines in establishing~~
~~child support orders.22 These guidelines are a set of rules and tables that are used to determine the~~
~~amount of the child support order. Child support guidelines are designed to protect the best~~
~~interests of the child or children in question by trying to ensure that they continue to benefit from~~
~~the financial resources of both parents in situations in which the parents go their separate ways.~~
~~They are also intended to make the calculation of child support fair, objective, consistent, and~~
predictable (which in many instances can have the added benefit of reducing conflict and tension predictable (which in many instances can have the added benefit of reducing conflict and tension
between the parents). between the parents).
States decide child support amounts based on the noncustodial parent’s income or based on both States decide child support amounts based on the noncustodial parent’s income or based on both
parents’ incomes. Other factors that may be considered include the age of child, whether a parents’ incomes. Other factors that may be considered include the age of child, whether a
stepparent is in the home, whether the child is disabled, and the number of siblings. States stepparent is in the home, whether the child is disabled, and the number of siblings. States
currently use one of three basic types of guidelines to determine child support award amounts currently use one of three basic types of guidelines to determine child support award amounts
(i.e., the child support order): (i.e., the child support order):
1. “Income shares,” which prorates the combined incomes of both parents to 1. “Income shares,” which prorates the combined incomes of both parents to
determine the child support obligation of the noncustodial parent (41 states, determine the child support obligation of the noncustodial parent (41 states,
Guam, and the Virgin Islands); Guam, and the Virgin Islands);
2. “Percentage of income,” in which only the noncustodial parent’s income 2. “Percentage of income,” in which only the noncustodial parent’s income
(factoring in the number of children to which child support is to be paid) is used (factoring in the number of children to which child support is to be paid) is used
to determine the support obligation (6 states); and to determine the support obligation (6 states); and
3. “Melson-Delaware,” which provides a minimum self-support reserve for parents 3. “Melson-Delaware,” which provides a minimum self-support reserve for parents
before the cost of rearing the children is prorated between the parents to before the cost of rearing the children is prorated between the parents to
determine the award amount (3 states).23 determine the award amount (3 states).23
Review and Modification of Support Orders
The circumstances of both the noncustodial parent and custodial family can change with time. As The circumstances of both the noncustodial parent and custodial family can change with time. As
these changes occur, child support obligations can become inadequate or inequitable. Effective these changes occur, child support obligations can become inadequate or inequitable. Effective
review and modification of child support orders are important steps in ensuring that noncustodial review and modification of child support orders are important steps in ensuring that noncustodial
parents continue to comply with realistic orders based on an actual ability to pay them.24 parents continue to comply with realistic orders based on an actual ability to pay them.24
Federal law requires that states review and, if appropriate, adjust child support orders for TANF Federal law requires that states review and, if appropriate, adjust child support orders for TANF
family cases at least once every three years.25 For non-TANF family cases, such a review is not family cases at least once every three years.25 For non-TANF family cases, such a review is not
required to be automatic but either one of the parents can request it every three years. If a request for review and automatic but either one of the parents can request it every three years. If a request for review and
modification is made prior to when that three-year cycle has been completed, the requesting party modification is made prior to when that three-year cycle has been completed, the requesting party
must demonstrate that there was a substantial change in circumstances. Child support adjustments must demonstrate that there was a substantial change in circumstances. Child support adjustments
and modifications must be in accordance with a state’s child support and modifications must be in accordance with a state’s child support guidelines. CSE programs usually rely on one of the parents to request a modification of the child support order. It is important for parents facing job loss, incarceration, or other substantial changes in circumstances to seek a modification to their order quickly so that they do not fall behind in their payments and thereby have to contend with past-due child support payments. Pursuant to federal law, the court cannot retroactively reduce the arrearages that a noncustodial parent owes.26 ~~guidelines.~~

~~22 See the Family Support Act of 1988 (P.L. 100-485).~~
23 The District of Columbia uses a hybrid model that starts as a percentage of income model and is then reduced by a 23 The District of Columbia uses a hybrid model that starts as a percentage of income model and is then reduced by a
formula based on the custodial parent’s income. Information was not available for Puerto Rico. See National formula based on the custodial parent’s income. Information was not available for Puerto Rico. See National
Conference of State Legislatures, Conference of State Legislatures, Child Support Guideline Models by State, July 10, 2020, available at , July 10, 2020, available at
http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx. http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx.
24 See Office of Child Support Enforcement, 24 See Office of Child Support Enforcement, Providing Expedited Review and Modification Assistance, Child Support , Child Support
Fact Sheet Series, No. 2, available at Fact Sheet Series, No. 2, available at ~~http~~https://www.acf.hhs.gov/sites/default/files/://www.acf.hhs.gov/sites/default/files/documents/ocse/ocse/
providing_expedited_review_and_modification.pdf. providing_expedited_review_and_modification.pdf. ~~Also see CRS Report R44077,~~ ~~Modification of Child Support~~
~~Orders: Background, Policy, and Concerns~~.
~~25 Section 466(a)(10~~ 25 Section 466(a)(10) of the Social Security Act (42 U.S.C. §666(a)(10)). 26 Section 466(a)(9) of the Social Security Act (42 U.S.C. §666(a)() of the Social Security Act (42 U.S.C. §666(a)(109)). )).
Congressional Research Service Congressional Research Service

7 7

Child Support Enforcement: Program Basics

~~CSE programs usually rely on one of the parents to request a modification of the child support~~
~~order. It is important for parents facing job loss, incarceration, or other substantial changes in~~
~~circumstances to seek a modification to their order quickly so that they do not fall behind in their~~
~~payments and thereby have to contend with past-due child support payments. Pursuant to federal~~
~~law, the court cannot retroactively reduce the arrearages that a noncustodial parent owes.26~~
Enforcement
The CSE program has a vast array of enforcement methods at its disposal to help ensure that child The CSE program has a vast array of enforcement methods at its disposal to help ensure that child
support payments are made on time and in the full amount that is owed. Most payments are support payments are made on time and in the full amount that is owed. Most payments are
collected from noncustodial parents through income withholding.27 In collected from noncustodial parents through income withholding.27 In ~~FY2021, 63~~FY2022, 68.6% of % of
collections were obtained through income withholding.28 Other methods of enforcement include collections were obtained through income withholding.28 Other methods of enforcement include
• intercepting federal and state income tax refunds; intercepting federal and state income tax refunds;
• intercepting unemployment compensation; intercepting unemployment compensation;
• filing liens against property; filing liens against property;
• subjecting insurance settlements to withholding; subjecting insurance settlements to withholding;
• intercepting lottery winnings, judgments, or settlements; intercepting lottery winnings, judgments, or settlements;
• seizing debtor parent assets held by public or private retirement funds and seizing debtor parent assets held by public or private retirement funds and
financial institutions; financial institutions;
• withholding, suspending, or restricting driver’s licenses, professional or withholding, suspending, or restricting driver’s licenses, professional or
occupational licenses, and recreational or sporting licenses; and occupational licenses, and recreational or sporting licenses; and
• denying, revoking, or restricting passports. denying, revoking, or restricting passports.
Past-due child support may accumulate if the noncustodial parent is unable or unwilling to pay Past-due child support may accumulate if the noncustodial parent is unable or unwilling to pay
the child support that is owed. In addition to collecting child support arrearages through the the child support that is owed. In addition to collecting child support arrearages through the
enforcement methods above, all jurisdictions have civil or criminal contempt-of-court procedures enforcement methods above, all jurisdictions have civil or criminal contempt-of-court procedures
and criminal nonsupport laws. Federal criminal penalties also may be imposed in certain cases.and criminal nonsupport laws. Federal criminal penalties also may be imposed in certain cases.
Federal law requires states to enact and implement the Uniform Interstate Family Support Act Federal law requires states to enact and implement the Uniform Interstate Family Support Act
(UIFSA), and expand full faith and credit procedures for child support orders issued by other (UIFSA), and expand full faith and credit procedures for child support orders issued by other
states. states.
Federal law also provides for international enforcement of child support.29 The Preventing Sex Federal law also provides for international enforcement of child support.29 The Preventing Sex
Trafficking and Strengthening Families Act (P.L. 113-183) contained provisions designed to Trafficking and Strengthening Families Act (P.L. 113-183) contained provisions designed to
improve child support collections in cases where the custodial parent lives in one country and the improve child support collections in cases where the custodial parent lives in one country and the
noncustodial parent lives in another country.30 Specifically, this act included implementing noncustodial parent lives in another country.30 Specifically, this act included implementing

~~26 Section 466(a)(9) of the Social Security Act (42 U.S.C. §666(a)(9)).~~
legislation for The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (the Convention).31 (Forty other countries, including the European Union member states, have also ratified the Convention.) The enactment of the law also ensured that the United States continued to be compliant with any multilateral child support enforcement treaties and, as part of this, required states to update their UIFSA law to incorporate verbatim any 27 There are three exceptions to the immediate income withholding rule: (1) if one of the parties demonstrates, and the 27 There are three exceptions to the immediate income withholding rule: (1) if one of the parties demonstrates, and the
court (or administrative process) finds that there is good cause not to require immediate withholding, (2) if both parties court (or administrative process) finds that there is good cause not to require immediate withholding, (2) if both parties
agree in writing to an alternative arrangement, or (3) at the HHS Secretary’s discretion, if a state can demonstrate that agree in writing to an alternative arrangement, or (3) at the HHS Secretary’s discretion, if a state can demonstrate that
the rule will not increase the effectiveness or efficiency of the state’s CSE program. the rule will not increase the effectiveness or efficiency of the state’s CSE program.
28 This includes collections received from IV-D and non-IV-D child support cases processed through the State 28 This includes collections received from IV-D and non-IV-D child support cases processed through the State
Disbursement Unit. Disbursement Unit.
29 The United States has reciprocal agreements with certain countries to process cases and enforce child support orders. 29 The United States has reciprocal agreements with certain countries to process cases and enforce child support orders.
These countries include those that have joined the Hague Child Support Convention, and countries and Canadian These countries include those that have joined the Hague Child Support Convention, and countries and Canadian
provinces/territories that have bilateral agreements with the U.S. government and are not parties to the Hague provinces/territories that have bilateral agreements with the U.S. government and are not parties to the Hague
Convention. Convention. ~~OCSE~~OCSS maintains a list of these countries at maintains a list of these countries at ~~http~~https://www.acf.hhs.gov/://www.acf.hhs.gov/~~programs/cse~~css/partners/international/international/. .
30 For more information on P.L. 113-183, see CRS Report R43757, 30 For more information on P.L. 113-183, see CRS Report R43757, Child Welfare and Child Support: The Preventing
Sex Trafficking and Strengthening Families Act (P.L. 113-183). .
~~Congressional Research Service~~

8

~~link to page 14~~ ~~Child Support Enforcement: Program Basics~~

~~legislation for The Hague Convention on the International Recovery of Child Support and Other~~
~~Forms of Family Maintenance (the Convention).31 (Forty other countries, including the European~~
~~Union member states, have also ratified the Convention.) The enactment of the law also ensured~~
~~that the United States continued to be compliant with any multilateral child support enforcement~~
~~treaties and, as part of this, required states to update their UIFSA law to incorporate verbatim any~~
31 The Convention was adopted at the Hague Conference on Private International Law on November 23, 2007. On August 30, 2016, President Obama signed the instrument of ratification for the Convention. Congressional Research Service 8 link to page 14 Child Support Enforcement: Program Basics amendments adopted as of September 30, 2008, by the National Conference of Commissioners on amendments adopted as of September 30, 2008, by the National Conference of Commissioners on
Uniform State Laws. Additionally, the act facilitated greater access to the FPLS by foreign Uniform State Laws. Additionally, the act facilitated greater access to the FPLS by foreign
countries and tribal governments as part of improving child support collections. The act also countries and tribal governments as part of improving child support collections. The act also
amended federal law so that the federal income tax refund offset program would be available for amended federal law so that the federal income tax refund offset program would be available for
use by a state to handle CSE requests from foreign reciprocating countries and foreign treaty use by a state to handle CSE requests from foreign reciprocating countries and foreign treaty
countries.32 countries.32
Financing
The CSE program is funded with both state The CSE program is funded with both state
CSE Funding Elements
and federal dollars. There are five funding and federal dollars. There are five funding
•
State dol ars State dol ars
streams associated with the CSE program. streams associated with the CSE program.
•
Federal Federal ~~matching funds~~financial participation (i.e., 66% of general (i.e., 66% of general ~~state~~
First, states spend their own money to First, states spend their own money to
state CSE expenditures) CSE expenditures)
operate a CSE program; the level of funding operate a CSE program; the level of funding
•
Retained child support col ections from Retained child support col ections from
allocated by the state and/or localities allocated by the state and/or localities
noncustodial parents on behalf of TANF families noncustodial parents on behalf of TANF families
determines the amount of resources available determines the amount of resources available
•
Incentive payments to states Incentive payments to states
to CSE agencies. to CSE agencies.
•
Fees and costs recovered Fees and costs recovered
Second, the federal government reimburses Second, the federal government reimburses
each state 66% of all allowable expenditures on CSE activities, referred to as each state 66% of all allowable expenditures on CSE activities, referred to as “federal financial federal financial
participationparticipation or federal matching funds..”33 The federal government’s reimbursement is open-ended in that it pays its 33 The federal government’s reimbursement is open-ended in that it pays its
percentage of percentage of ~~expenditures by matching the amounts spent by~~allowable state and local state and local ~~governments~~government expenditures with with
no upper limit or ceiling. For the purposes of the federal budget process, this funding is no upper limit or ceiling. For the purposes of the federal budget process, this funding is
considered to be mandatory spending, and is appropriated each fiscal year in the Departments of considered to be mandatory spending, and is appropriated each fiscal year in the Departments of
Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.
Third, states collect child support on behalf of families receiving TANF assistance to reimburse Third, states collect child support on behalf of families receiving TANF assistance to reimburse
themselves (and the federal government) for the cost of TANF cash payments to the family. (See themselves (and the federal government) for the cost of TANF cash payments to the family. (See
the “Distribution of Support” section, below.) section, below.)

~~31 The Convention was adopted at the Hague Conference on Private International Law on November 23, 2007. On~~
~~August 30, 2016, President Obama signed the instrument of ratification for the Convention.~~
32 For additional information on international enforcement of child support, see CRS Report R43779, 32 For additional information on international enforcement of child support, see CRS Report R43779, Child Support
Enforcement and the Hague Convention on Recovery of International Child Support. .
33 In contrast to the federal 33 In contrast to the federal ~~matching rate~~financial participation of 66% for CSE programs run by the states or territories, pursuant to of 66% for CSE programs run by the states or territories, pursuant to
PRWORA (P.L. 104-193), the CSE program provides tribes and tribal organizations direct federal funding equal to PRWORA (P.L. 104-193), the CSE program provides tribes and tribal organizations direct federal funding equal to
100% of approved and allowable CSE expenditures during the start-up period, provides 90% federal funding for 100% of approved and allowable CSE expenditures during the start-up period, provides 90% federal funding for
approved CSE programs during the first three years of full program operation, and provides 80% federal funding approved CSE programs during the first three years of full program operation, and provides 80% federal funding
thereafter. thereafter. As(On April 21, 2023, OCSE published a notice of proposed rulemaking proposing to eliminate the tribal non-federal share requirements. [88 Federal Register 24526-24535, April 21, 2023.] As of the cover date of this report, that regulation has not yet been finalized.) According to OCSS, as of July 11, 2022, 60 Indian tribes or tribal organizations operated comprehensive tribal CSE programs. of July 11, 2022, 60 Indian tribes or tribal organizations operated comprehensive tribal CSE programs.
For a listing of the tribal programs, see https://www.acf.hhs.gov/css/resource/tribal-child-support-agency-contacts. For For a listing of the tribal programs, see https://www.acf.hhs.gov/css/resource/tribal-child-support-agency-contacts. For
additional information, see CRS Report R41204, additional information, see CRS Report R41204, Child Support Enforcement: Tribal Programs. .
Congressional Research Service Congressional Research Service

9 9

Child Support Enforcement: Program Basics

Fourth, the federal government provides states with an incentive payment to encourage them to Fourth, the federal government provides states with an incentive payment to encourage them to
operate effective programs.34 Federal law requires states to reinvest CSE incentive payments back operate effective programs.34 Federal law requires states to reinvest CSE incentive payments back
into the CSE program or related activities.35 into the CSE program or related activities.35
Fifth, fees and costs recovered may help finance the CSE program. Families receiving TANF Fifth, fees and costs recovered may help finance the CSE program. Families receiving TANF
benefits or Medicaid coverage, as well as families required by their state SNAP program to benefits or Medicaid coverage, as well as families required by their state SNAP program to
cooperate with the CSE agency, automatically qualify for CSE services free of charge.36 The CSE cooperate with the CSE agency, automatically qualify for CSE services free of charge.36 The CSE
agency must charge all other families a fee when they apply for CSE services, not to exceed $25. agency must charge all other families a fee when they apply for CSE services, not to exceed $25.
CS cases that have never received TANF benefits also are charged an annual user fee, not to CS cases that have never received TANF benefits also are charged an annual user fee, not to
exceed $35, when child support enforcement efforts on their behalf are successful (i.e., at least exceed $35, when child support enforcement efforts on their behalf are successful (i.e., at least
$550 annually is collected on their behalf).37 The CSE agency may charge these fees to the $550 annually is collected on their behalf).37 The CSE agency may charge these fees to the
custodial or noncustodial parent, pay the fee out of state funds (or, in the case of the annual user custodial or noncustodial parent, pay the fee out of state funds (or, in the case of the annual user
fee, deduct it from child support paid to the family).38 In addition, fees may be charged in other fee, deduct it from child support paid to the family).38 In addition, fees may be charged in other
circumstances, including for performing genetic tests (for purposes of paternity establishment) on circumstances, including for performing genetic tests (for purposes of paternity establishment) on
any individual who is not a recipient of TANF assistance or Medicaid. Finally, a state may at its any individual who is not a recipient of TANF assistance or Medicaid. Finally, a state may at its
option recover administrative costs in excess of the fees, either from the custodial parent or the option recover administrative costs in excess of the fees, either from the custodial parent or the
noncustodial parent. Fees and administrative costs recovered must be subtracted from the state’s noncustodial parent. Fees and administrative costs recovered must be subtracted from the state’s
total administrative costs before calculating the federal reimbursement amount (i.e., total administrative costs before calculating the federal reimbursement amount (i.e., ~~the 66%~~
~~matching rate~~66% federal financial participation). ).
Collection and Disbursement
In order to make the processing of child support payments more efficient and economical, all In order to make the processing of child support payments more efficient and economical, all
states are required to have a centralized automated State Collection and Disbursement Unit states are required to have a centralized automated State Collection and Disbursement Unit
(SDU) to which child support payments are paid and from which they are distributed. SDUs assist (SDU) to which child support payments are paid and from which they are distributed. SDUs assist
the income withholding process by providing employers with a single location in each state to the income withholding process by providing employers with a single location in each state to
send the withheld child support payments. In addition to collecting and promptly distributing send the withheld child support payments. In addition to collecting and promptly distributing
money to custodial parents or other states, SDUs money to custodial parents or other states, SDUs
• generate orders and notices of withholding to employers, generate orders and notices of withholding to employers,
• create and maintain records associated with each payment, and create and maintain records associated with each payment, and
• furnish parents with a record of the current status of child support payments. furnish parents with a record of the current status of child support payments.

34 The CSE incentive payment—which is based in part on five performance measures related to establishment of 34 The CSE incentive payment—which is based in part on five performance measures related to establishment of
paternity and child support orders, collection of current and past-due child support payments, and cost-effectiveness—paternity and child support orders, collection of current and past-due child support payments, and cost-effectiveness—
was statutorily set by the Child Support Performance and Incentive Act of 1998 (P.L. 105-200). In the aggregate, was statutorily set by the Child Support Performance and Incentive Act of 1998 (P.L. 105-200). In the aggregate,
incentive payments to states may not exceed $458 million for FY2006, $471 million for FY2007, and $483 million for incentive payments to states may not exceed $458 million for FY2006, $471 million for FY2007, and $483 million for
FY2008 (to be increased for inflation in years thereafter). According to OCSE estimates, FY2021 incentive payments FY2008 (to be increased for inflation in years thereafter). According to OCSE estimates, FY2021 incentive payments
~~are expected to amount to $509 million. For~~ total $509 million. (FY2022 estimates were not provided in the FY2022 Preliminary Data Report and Tables.) For additional information on CSE incentive payments, see CRS Report additional information on CSE incentive payments, see CRS Report
RL34203, RL34203, Child Support Enforcement Program Incentive Payments: Background and Policy Issues. .
35 The DRA (P.L. 109-171), effective October 1, 2007, prohibited federal 35 The DRA (P.L. 109-171), effective October 1, 2007, prohibited federal ~~matching~~financial participation from including a 66% reimbursement of state expenditure of federal CSE of state expenditure of federal CSE
incentive payments. However, the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) required HHS to incentive payments. However, the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) required HHS to
temporarily provide federal matching funds temporarily provide federal matching funds at the 66% rate (in FY2009 and FY2010) on CSE incentive payments that states reinvest (in FY2009 and FY2010) on CSE incentive payments that states reinvest
back into the CSE program. Currently, CSE incentive payments that are received by states and reinvested in the CSE back into the CSE program. Currently, CSE incentive payments that are received by states and reinvested in the CSE
program are no longer eligible for federal reimbursement. program are no longer eligible for federal reimbursement.
36 The DRA (P.L. 109-171) 36 The DRA (P.L. 109-171)~~, effective October 1, 2006~~. .
37 In addition, the state cannot charge a fee to a custodial parent or noncustodial parent who is cooperating with the 37 In addition, the state cannot charge a fee to a custodial parent or noncustodial parent who is cooperating with the
CSE program as a condition of SNAP eligibility (45 C.F.R., Ch. III, 302.33(a)(3), (e)(3)(i-iii)). CSE program as a condition of SNAP eligibility (45 C.F.R., Ch. III, 302.33(a)(3), (e)(3)(i-iii)).
38 For more information on the CSE annual user fee, CRS Report RS22753, 38 For more information on the CSE annual user fee, CRS Report RS22753, Child Support Enforcement Annual User
Fee: In Brief. .
Congressional Research Service Congressional Research Service

10 10

Child Support Enforcement: Program Basics

The SDU must use automated procedures, electronic processes, and computer-driven technology The SDU must use automated procedures, electronic processes, and computer-driven technology
to the maximum extent that is feasible, efficient, and economical. to the maximum extent that is feasible, efficient, and economical.
The SDU must be operated directly by the state CSE agency, by two or more state CSE agencies The SDU must be operated directly by the state CSE agency, by two or more state CSE agencies
under a regional cooperative agreement, or by a contractor responsible directly to the state CSE under a regional cooperative agreement, or by a contractor responsible directly to the state CSE
agency. Alternatively, instead of a single state system, a SDU may be established by linking local agency. Alternatively, instead of a single state system, a SDU may be established by linking local
disbursement units through an automated information network. In such cases, the Secretary of disbursement units through an automated information network. In such cases, the Secretary of
HHS must first agree that the system will not cost more, take more time to establish, or take more HHS must first agree that the system will not cost more, take more time to establish, or take more
time to operatetime to operate, than a single state system. Like single state systems, linked systems must give than a single state system. Like single state systems, linked systems must give
employers only one location for submitting withheld income. employers only one location for submitting withheld income.
Federal law generally requires employers to remit to the SDU income withheld within seven Federal law generally requires employers to remit to the SDU income withheld within seven
business days after the employee’s payday. Then, the SDU is required to send child support business days after the employee’s payday. Then, the SDU is required to send child support
payments to custodial parents within two business days of when they are received. payments to custodial parents within two business days of when they are received.
Distribution of Support
When child support is owed to a current or former TANF family, distribution rules determine When child support is owed to a current or former TANF family, distribution rules determine
whether the family or the state retains any support that is collected. These distribution rules are whether the family or the state retains any support that is collected. These distribution rules are
important when a payment is not enough to cover the current support, or if any arrearages are due important when a payment is not enough to cover the current support, or if any arrearages are due
for those claims. for those claims.
To reimburse the states and federal government for the cost of TANF cash benefits, TANF To reimburse the states and federal government for the cost of TANF cash benefits, TANF
families are required by federal law to assign their child support rights to the state. While the families are required by federal law to assign their child support rights to the state. While the
family receives TANF, the states and federal government generally retain any current support and family receives TANF, the states and federal government generally retain any current support and
any assigned arrearages collected up to the cumulative amount of TANF benefits paid to the any assigned arrearages collected up to the cumulative amount of TANF benefits paid to the
family.39 While states may opt to pass through (i.e., pay) to the family some or all of the state family.39 While states may opt to pass through (i.e., pay) to the family some or all of the state
share of the child support (thereby forgoing its share of those collections), they generally still share of the child support (thereby forgoing its share of those collections), they generally still
must pay the federal government its share of child support collected on behalf of TANF families. must pay the federal government its share of child support collected on behalf of TANF families.
However, in order to help states pay for the cost of their CSE pass-through policies, federal law However, in order to help states pay for the cost of their CSE pass-through policies, federal law
waives the federal government’s share of child support collections that are passed through by waives the federal government’s share of child support collections that are passed through by
states, up to $100 per month for one child or up to $200 per month for two or more children. (The states, up to $100 per month for one child or up to $200 per month for two or more children. (The
state also must disregard the passed-through payments as income for the purposes of determining state also must disregard the passed-through payments as income for the purposes of determining
TANF eligibility in order for the federal government to waive its share.) Based on May TANF eligibility in order for the federal government to waive its share.) Based on May ~~2020~~2023 data, data,
2526 states, the District of Columbia states, the District of Columbia, and Puerto Rico have a CSE pass-through and disregard and Puerto Rico have a CSE pass-through and disregard
policy; policy; 2524 states, Guam, and the Virgin Islands do not.40 states, Guam, and the Virgin Islands do not.40
States must distribute to former TANF families the following child support collections before the States must distribute to former TANF families the following child support collections before the
state and the federal government are reimbursedstate and the federal government are reimbursed ~~(the family-first policy):~~
: • all current child support, all current child support,
and • any child support arrearages that accrue after the family leaves TANF (these any child support arrearages that accrue after the family leaves TANF (these
arrearages are called never-assigned arrearages), and any arrearages that accrued arrearages are called never-assigned arrearages), and any arrearages that accrued
before the family began receiving TANF benefits. (Any child support arrearages before the family began receiving TANF benefits. (Any child support arrearages

39 The DRA (P.L. 109-171), effective October 1, 2009, or at state option, October 1, 2008, provides that the assignment 39 The DRA (P.L. 109-171), effective October 1, 2009, or at state option, October 1, 2008, provides that the assignment
only covers child support that accrues while the family receives TANF. only covers child support that accrues while the family receives TANF.
40 National Conference of State Legislatures, 40 National Conference of State Legislatures, Child Support Pass-Through and Disregard Policies for Public
Assistance Recipients, May , May ~~29, 2020 (http~~30, 2023 (https://www.ncsl.org/://www.ncsl.org/~~research/~~human-services/human-services/~~state-policy~~child-support-pass-through--pass-through-
~~disregard-child-support.aspx~~and-disregard-policies-for-public-assistance-recipients). Congressional Research Service 11 Child Support Enforcement: Program Basics that accrue during the time the family is on TANF belong to the state and federal government.41) Medical Child Support Medical child support is defined as the legal provision of payment of medical, dental, prescription, and other health care expenses for children living apart from one of their parents.42 It can include provisions for health care coverage (including payment of costs of premiums, co-payments, and deductibles) as well as cash payments for a child’s medical expenses. By connecting children to coverage—through either of their parents’ employers, Medicaid, State Children’s Health Insurance Program (CHIP), Health Insurance Exchanges, or other options—the CSE program can try to ensure that children will have continuous, stable access to health care as they grow up, and that the resources of both parents are being used most effectively for the child. The establishment and enforcement of medical support is also intended to promote fairness in allocating childrearing costs between the parents and, when employer-sponsored health care is obtained, it saves federal and state dollars.43 Federal law requires every Title IV-D child support order to include a provision for health care coverage.44 It requires that medical support for a child be provided by either or both parents and that it must be enforced. It authorizes the state CSE agency to enforce medical support against a custodial or noncustodial parent whenever health care coverage is available to that parent at “reasonable cost.”45 It also stipulates that medical support may include health care coverage (including payment of costs of premiums, co-payments, and deductibles) and payment of medical expenses for a child. States generally seek medical child support as sequenced below: • The noncustodial or custodial parent may be ordered to provide health insurance if it is available at reasonable cost through the parent’s employer. • The noncustodial parent may be ordered to pay for other private health insurance (health care coverage) premiums. 41 The DRA (P.L. 109-171) gave states the option of distributing to former TANF families the full amount of child support collected on their behalf (i.e., both current support and all child support arrearages—including arrearages collected through the federal income tax refund offset program). This provision took effect on October 1, 2009, or October 1, 2008, at state option. 42 For additional information on medical child support, see CRS Report R43020, Medical Child Support: Background and Current Policy. 43 Health care coverage of children and medical child support are not synonymous. A child could be covered by a custodial parent’s health insurance plan and the child support order may not contain any provision for medical support. Conversely, a child may be receiving cash medical support but not be insured. 44 The regulations implementing this provision recognize that state CSE agencies generally do not establish child support orders. Rather, many orders are established under a judicial, quasi-judicial, or administrative process outside of the CSE agency. When orders are established through the courts, state CSE agencies can petition but cannot require inclusion of medical support provisions. State child support guidelines are also required to provide for the inclusion of medical support, but judges and administrative officials can deviate from those guidelines if appropriate. (For a discussion of establishment provisions, see the Lewin Group, Administrative and Judicial Processes for Establishing Child Support Orders, for OCSE, ACF, HHS, June 2002, https://www.acf.hhs.gov/sites/default/files/documents/ocse/dcl_03_15a.pdf. For information on the requirements to petition for inclusion of medical support, see 45 C.F.R. §303.31(b)). 45 45 C.F.R. §303.31(a)(3) provides that “cash medical support or the cost of health insurance is considered reasonable in cost if the cost to the parent responsible for providing medical support does not exceed five percent of their gross income or, at State option, a reasonable alternative income-based numeric standard.” For state-specific definitions of reasonable cost, see https://ocsp.acf.hhs.gov/irg/irgpdf.pdf?geoType=OGP&groupCode=EMP&addrType=NMS&addrClassType=EMP. Congressional Research Service 12 Child Support Enforcement: Program Basics • The noncustodial parent may be ordered to reimburse the custodial parent for all or a portion of the costs of health insurance obtained by the custodial parent (on behalf of the child[ren]). • If neither parent is able to obtain health insurance at a reasonable cost, the custodial parent may be ordered to apply on behalf of the child to a government-funded medical program such as Medicaid or CHIP. The cost of any Medicaid expenses or CHIP coverage (including premiums, co-pays, or coinsurance costs) may be added to the noncustodial parent’s monthly child support payment. • Both parents may be required to pay a percentage of out-of-pocket medical expenses that are not covered through insurance. The percentage is determined by the financial circumstances of each parent. • If neither parent has private insurance and the children are not eligible for Medicaid or CHIP, the court may order the noncustodial parent to provide cash medical support in addition to the monthly child support payment; and/or the noncustodial parent may be ordered to pay additional amounts to cover a portion of ongoing medical bills or as reimbursement for uninsured medical costs. When the noncustodial parent is ordered to pay cash medical support, generally it is included in the cash child support order and a single notice of income withholding is sent to the employer to withhold from the parent’s paycheck. If the parent is ordered to provide insurance through the employer, the employer is required to enroll the child in health insurance coverage and withhold the necessary premium payments from the parent’s income.46 The employer is required to send any amount withheld directly to the health care plan. In addition, employers must promptly notify the CSE agency whenever the employment of the noncustodial parent (and, at state option, the custodial parent) is terminated.47 ).
~~Congressional Research Service~~

11

~~Child Support Enforcement: Program Basics~~

~~that accrue during the time the family is on TANF belong to the state and federal~~
~~government.41)~~
Noncustodial Parent Access to and Engagement with
their Children
Access and Visitation Grants and Parenting Time Agreements
A noncustodial parent’s right to visit with A noncustodial parent’s right to visit with ~~his or her~~one’s children is commonly referred to as visitation children is commonly referred to as visitation
or child access (and more recently as voluntary parenting time agreements). State domestic or child access (and more recently as voluntary parenting time agreements). State domestic
relations or family laws almost universally treat child support and visitation as completely relations or family laws almost universally treat child support and visitation as completely
separate issues. Historically, the federal government has agreed that visitation and child support separate issues. Historically, the federal government has agreed that visitation and child support
should be legally separate issues, and that only child support should be under the purview of the should be legally separate issues, and that only child support should be under the purview of the
CSE program. Both federal and state policymakers have maintained that denial of visitation rights CSE program. Both federal and state policymakers have maintained that denial of visitation rights
should not be considered a reason for stopping child support payments.should not be considered a reason for stopping child support payments.4248 However, in recognition However, in recognition
of the negative long-term consequences for children associated with the absence of their of the negative long-term consequences for children associated with the absence of their
noncustodial parent, as well as evidence that contact between the child and noncustodial parent noncustodial parent, as well as evidence that contact between the child and noncustodial parent
~~can make it more likely that child support responsibilities will be met,43~~can make it 46 This requirement is effectuated through the National Medical Support Notice. (See OMB 0970-0222 and 1210-0113, National Medical Support Notice Forms & Instructions, January 19, 2023, https://www.acf.hhs.gov/css/form/national-medical-support-notice-forms-instructions.) 47 State CSE agencies are also required to promptly notify the employer when there is no longer a current medical support order in effect (45 C.F.R. §303.32(c)). 48 See HHS, OCSE, Child Support and Parenting Time: Improving Coordination to Benefit Children, July 2013, available at https://www.acf.hhs.gov/sites/default/files/programs/css/13_child_support_and_parenting_time_final.pdf. Congressional Research Service 13 Child Support Enforcement: Program Basics more likely that child support responsibilities will be met,49 federal and state federal and state
policymakers have increasingly promoted efforts that address child support and access and policymakers have increasingly promoted efforts that address child support and access and
visitation in the same forum. visitation in the same forum.
In order to promote visitation and better relations between custodial and noncustodial parents, the In order to promote visitation and better relations between custodial and noncustodial parents, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193)
provided mandatory spending in the amount of $10 million each fiscal year from the federal CSE provided mandatory spending in the amount of $10 million each fiscal year from the federal CSE
budget account for grants to states for access and visitation programs.budget account for grants to states for access and visitation programs.4450 Eligible activities include Eligible activities include
but are not limited to mediation, counseling, education, development of parenting plans, visitation but are not limited to mediation, counseling, education, development of parenting plans, visitation
enforcement, and development of guidelines for visitation and alternative custody arrangements. enforcement, and development of guidelines for visitation and alternative custody arrangements.
In 2019, OCSE In 2019, OCSE (now, OCSS) reported the results of their multiyear pilot program, Parenting Time reported the results of their multiyear pilot program, Parenting Time
Opportunities for Children (PTOC). The purpose of PTOC was to evaluate the extent to which Opportunities for Children (PTOC). The purpose of PTOC was to evaluate the extent to which
CSE agencies could implement integrated processes for the establishment of child support orders CSE agencies could implement integrated processes for the establishment of child support orders
and parenting time agreements. The study also examined the feasibility of sufficient family and parenting time agreements. The study also examined the feasibility of sufficient family
violence safeguards, and whether the establishment of parenting time would result in greater violence safeguards, and whether the establishment of parenting time would result in greater
parental involvement or child support payments. According to parental involvement or child support payments. According to ~~OCSE~~the agency, “evaluators of the project , “evaluators of the project
sites confirmed that parents appreciate the opportunity to address parenting time and feel that it sites confirmed that parents appreciate the opportunity to address parenting time and feel that it
increases the fairness of child support. Furthermore, PTOC appears to help some parents increases the fairness of child support. Furthermore, PTOC appears to help some parents with ~~with~~

~~41 The DRA (P.L. 109-171) gave states the option of distributing to former TANF families the full amount of child~~
~~support collected on their behalf (i.e., both current support and all child support arrearages—including arrearages~~
~~collected through the federal income tax refund offset program). This provision took effect on October 1, 2009, or~~
~~October 1, 2008, at state option.~~
~~42 See HHS, OCSE, Child Support and Parenting Time: Improving Coordination to Benefit Children, July 2013,~~
~~available at https://www.acf.hhs.gov/sites/default/files/programs/css/13_child_support_and_parenting_time_final.pdf.~~
~~43 See HHS, OCSE, Noncustodial Parents: Summaries of Research, Grants and Practices, July 2009, available at~~
~~https://www.acf.hhs.gov/sites/default/files/ocse/dcl_09_26a.pdf.~~
~~44 Even before PRWORA (P.L. 104-193), the Family Support Act of 1988 (P.L. 100-485) authorized a limited number~~
~~of grants to states for demonstration projects to develop, improve, or expand activities designed to increase compliance~~
~~with child access provisions of court orders.~~
~~Congressional Research Service~~

12

~~Child Support Enforcement: Program Basics~~

improved relationships, more time with their children, and some small increases in child support improved relationships, more time with their children, and some small increases in child support
compliance.”compliance.”4551
CSE administrative costs related to parenting time arrangements are not considered to be eligible CSE administrative costs related to parenting time arrangements are not considered to be eligible
expenditures for federal reimbursement. However, there has been recent congressional interest in expenditures for federal reimbursement. However, there has been recent congressional interest in
these arrangements and the feasibility of implementing them on a more widespread basis using these arrangements and the feasibility of implementing them on a more widespread basis using
existing funding sources. The Preventing Sex Trafficking and Strengthening Families Act (P.L. existing funding sources. The Preventing Sex Trafficking and Strengthening Families Act (P.L.
113-183) included a Sense of the Congress statement specifying that 113-183) included a Sense of the Congress statement specifying that
• establishing parenting time arrangements (also known as visitation) when establishing parenting time arrangements (also known as visitation) when
obtaining child support orders is an important goal that should be accompanied obtaining child support orders is an important goal that should be accompanied
by strong family violence safeguards; and by strong family violence safeguards; and
• states should use existing funding sources to support the establishment of states should use existing funding sources to support the establishment of
parenting time arrangements, including child support incentives, Access and parenting time arrangements, including child support incentives, Access and
Visitation Grants, and Healthy Marriage Promotion and Responsible Fatherhood Visitation Grants, and Healthy Marriage Promotion and Responsible Fatherhood
Grants. Grants.
Responsible Fatherhood Programs
The federal government has also sought to engage noncustodial parents in the lives of their The federal government has also sought to engage noncustodial parents in the lives of their
children through what are known as “responsible fatherhood programs.”children through what are known as “responsible fatherhood programs.”4652 Based on the premise Based on the premise
that committed, involved, and responsible fathers are important in the lives of their children, these that committed, involved, and responsible fathers are important in the lives of their children, these
programs seek to promote the financial and personal responsibility of noncustodial parents for programs seek to promote the financial and personal responsibility of noncustodial parents for
49 See HHS, OCSE, Noncustodial Parents: Summaries of Research, Grants and Practices, July 2009, available at https://www.acf.hhs.gov/sites/default/files/ocse/dcl_09_26a.pdf. 50 Even before PRWORA (P.L. 104-193), the Family Support Act of 1988 (P.L. 100-485) authorized a limited number of grants to states for demonstration projects to develop, improve, or expand activities designed to increase compliance with child access provisions of court orders. 51 HHS, OCSE, Parenting Time Opportunities for Children Research Brief, August 2019, p. 1, https://www.acf.hhs.gov/sites/default/files/programs/css/ptoc_research_brief.pdf. 52 Although programs that seek to help fathers initiate or maintain contact with their children and become emotionally involved in their children’s lives are usually referred to as “fatherhood” programs, the programs are generally gender neutral. Their underlying goal is participation of the noncustodial parent in the lives of their children. Congressional Research Service 14 Child Support Enforcement: Program Basics their children, and increase the participation of fathers in their children’s lives. Some responsible their children, and increase the participation of fathers in their children’s lives. Some responsible
fatherhood programs help noncustodial parents strengthen their parenting skills. Other programs fatherhood programs help noncustodial parents strengthen their parenting skills. Other programs
try to discourage young men from becoming fathers until they are married and ready for the try to discourage young men from becoming fathers until they are married and ready for the
responsibility. responsibility.
The Deficit Reduction Act of 2005 (P.L. 109-171) included a provision that provided mandatory The Deficit Reduction Act of 2005 (P.L. 109-171) included a provision that provided mandatory
funding for a Healthy Marriage Promotion and Responsible Fatherhood grants program (in Title funding for a Healthy Marriage Promotion and Responsible Fatherhood grants program (in Title
IV-A of the Social Security Act). For FY2006-FY2010, that program was provided up to $50 IV-A of the Social Security Act). For FY2006-FY2010, that program was provided up to $50
million per year for competitive responsible fatherhood grants. For FY2011, funding for those million per year for competitive responsible fatherhood grants. For FY2011, funding for those
fatherhood grants was increased to $75 million.fatherhood grants was increased to $75 million.4753 Between FY2011 and FY2018, $75 million in Between FY2011 and FY2018, $75 million in
mandatory funding for this program each year was provided through provisions in appropriations mandatory funding for this program each year was provided through provisions in appropriations
acts. Since FY2019, funding for this program was provided through a series of temporary acts. Since FY2019, funding for this program was provided through a series of temporary
extensions, the most recent of which was extensions, the most recent of which was ~~through September 30, 2022 (Section 149~~Section 6102 of P.L. 117-328 (the Consolidated Appropriation Act, 2023, enacted December 29, 2022), which extended TANF funding through September 30, 2023 ~~of P.L. 116-~~
~~159, as amended by P.L. 117-103, Division P, Section 401)~~. .
Most responsible fatherhood programs include parenting education; training in responsible Most responsible fatherhood programs include parenting education; training in responsible
decisionmaking, conflict resolution, and coping with stress; mediation services for both parents; decisionmaking, conflict resolution, and coping with stress; mediation services for both parents;
problem-solving skills; peer support; and job-training opportunities.problem-solving skills; peer support; and job-training opportunities.4854 Grantees include states, Grantees include states,
territories, Indian tribes and tribal organizations, and public and nonprofit community groups territories, Indian tribes and tribal organizations, and public and nonprofit community groups
(including religious organizations). (including religious organizations).

~~45 HHS, OCSE, Parenting Time Opportunities for Children Research Brief, August 2019, p. 1,~~
~~https://www.acf.hhs.gov/sites/default/files/programs/css/ptoc_research_brief.pdf.~~
~~46 Although programs that seek to help fathers initiate or maintain contact with their children and become emotionally~~
~~involved in their children’s lives are usually referred to as “fatherhood” programs, the programs are generally gender~~
~~neutral. Their underlying goal is participation of the noncustodial parent in the lives of his or her children.~~
47 Author Information Jessica Tollestrup Specialist in Social Policy Acknowledgments Carmen Solomon-Fears, retired CRS Specialist in Social Policy, authored earlier versions of this report. Sylvia Bryan, CRS Research Assistant, assisted with the most recent report update. 53 See the Claims Resolution Act of 2010 (P.L. 111-291). See the Claims Resolution Act of 2010 (P.L. 111-291).
4854 For more information on responsible fatherhood programs, see CRS Report RL31025, For more information on responsible fatherhood programs, see CRS Report RL31025, Fatherhood Initiatives:
Connecting Fathers to Their Children. .
Congressional Research Service Congressional Research Service

1315

Child Support Enforcement: Program Basics

~~Author Information~~

~~Jessica Tollestrup~~

~~Specialist in Social Policy~~

~~Acknowledgments~~
~~Carmen Solomon-Fears, retired CRS Specialist in Social Policy, authored earlier versions of this report.~~
~~Sylvia Bryan, CRS Research Assistant, assisted with the 2022 report update.~~

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

Congressional Research Service Congressional Research Service
RS22380 RS22380 · VERSION 4041 · UPDATED
1416