Updated September 8, 2022
The Child Support Enforcement (CSE) Program
Introduction
establishing paternity,
The Child Support Enforcement (CSE) program was
establishing child support orders,
enacted into law on January 4, 1975 (P.L. 93-647). When
the program was first established, its goals were to
reviewing and modifying child support orders,
reimburse the states and the federal government for the cash
assistance payments they provided families, and to help
collecting child support payments from noncustodial
other families remain self-sufficient by obtaining consistent
parents,
and ongoing child support payments from the noncustodial
establishing and enforcing medical child support, and
parent. Over time, the CSE program has evolved from a
cash assistance cost-recovery program to a family-first
distributing child support payments to custodial parents.
program that seeks to enhance the well-being of families by
CSE Collections and Methods
making child support a more reliable income source.
In FY2021, the CSE program collected $29.5 billion on
This federal-state program has the potential to impact more
behalf of families. More than two-thirds of CSE collections
children and for longer periods of time than most other
were for families that had never received cash payments
federal programs. It may interact with mothers, fathers, and
from the TANF program.
children for 18 years and in some cases longer, such as if
the noncustodial parent owes past-due child support. In
Table 1. CSE Collections by Family Type, FY2021
recent years, it served about 18% of children in the United
Collections
States. (All FY2021 figures in this report are drawn from
Family Type
(billions)
Percentage
the FY2021 Preliminary Data Report released on May 12,
2022, by the Office of Child Support Enforcement (OCSE)
TANF Families
$0.7
2%
in the U.S. Department of Health and Human Services.)
Former TANF
$8.8
30%
Scope of CSE Program
Never TANF
$20.0
68%
Families who are required to enroll in the CSE program are
Source: Congressional Research Service (CRS), based on data from
those receiving cash assistance under the Temporary
the OCSE FY2021 Preliminary Data Report. Amounts and percentages
Assistance for Needy Families (TANF) program, Medicaid
may not sum to 100% due to rounding.
coverage, or, at state option, Supplemental Nutrition
Assistance Program (SNAP) food assistance. The program
The majority of the collected payments in FY2021 (95%)
is also available to non-assistance families if they choose to
went to families and the remainder went to the states and
enroll. Families who are not required to enroll must pay a
federal government, primarily as reimbursement for public
one-time $25 fee when they apply for services, and an
assistance dollars that went to families.
annual $35 user fee if the CSE agency collects at least $550
per year for them.
Most child support payments are collected from
noncustodial parents through income withholding. In
The program is available in all 50 states; the District of
FY2021, 63% of collections were obtained through income
Columbia; the territories of Guam, Puerto Rico, and the
withholding. Other methods of enforcement include
U.S. Virgin Islands; and 60 tribal nations. It is generally
operated at the county level of government.
intercepting federal and state income tax refunds;
The CSE program is administered at the federal level by
OCSE, which helps CSE agencies develop, manage, and
intercepting unemployment compensation;
operate their programs effectively and according to federal
filing liens against property;
law. Specifically, OCSE administers federal matching funds
and awards grants to states, provides policy guidance and
sending insurance settlement information to CSE
technical assistance, conducts program audits, and supports
agencies;
research through demonstration grants. OCSE is also
intercepting lottery winnings, judgments, or settlements;
responsible for the Federal Parent Locator Service, which
includes the National Directory of New Hires.
seizing debtor parent assets held by public or private
retirement funds and financial institutions;
Program Components
withholding, suspending, or restricting driver’s licenses,
The CSE program increases the reliability of child support
professional or occupational licenses, and recreational or
paid by noncustodial parents by
sporting licenses; and
locating noncustodial parents,
denying, revoking, or restricting passports.
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The Child Support Enforcement (CSE) Program
In addition, all jurisdictions have civil or criminal
costs recovered from non-TANF families may help finance
contempt-of-court procedures and criminal nonsupport laws
the CSE program.
that may be used when noncustodial parents fall behind in
their payments and accumulate arrears. (These procedures
Visitation Grants and Parenting Time
and laws are in addition to the enforcement methods listed
A noncustodial parent’s right to visit with his or her
above.) Federal criminal penalties may be imposed in
children is commonly referred to as visitation or child
certain cases.
access (and more recently as voluntary parenting time
agreements). OCSE administers an Access and Visitation
Federal law also provides for international enforcement of
grant program, which is funded at a total of $10 million
child support.
each fiscal year. These funds are awarded to the 50 states,
the District of Columbia, Guam, Puerto Rico, and the U.S.
CSE Caseload and Composition
Virgin Islands. The general focus of this program is to
In FY2021, the CSE system handled 12.7 million cases.
increase noncustodial parents’ access to and time with their
children. Eligible activities include mediation, counseling,
Table 2. CSE Cases by Family Type, FY2021
education, development of parenting plans, visitation
enforcement, and development of guidelines for visitation
Number
and alternative custody arrangements. In addition, certain
Family Type
(millions)
Percentage
CSE programs are to some degree involved with
TANF Families
0.9
7%
establishing voluntary parenting time agreements between
custodial and noncustodial parents.
Former TANF
5.1
40%
Program Effectiveness
Never TANF
6.6
52%
In FY2021, the CSE program collected $5.27 for every $1 it
Source: CRS, based on data from the OCSE FY2021 Preliminary Data
spent, and made collections for 67% of its caseload (versus
Report. Percentages and amounts may not sum to 100% due to
23% in FY1998, when the 1996 welfare reforms were just
rounding.
being implemented). Those cases with collections were
70% of the never-TANF caseload, 67% of the former-
According to the most recent available demographic data
TANF caseload, and 41% of the current-TANF caseload.
(from 2017), among all custodial parents who are eligible
for child support (not just those enrolled in the CSE
Issues
program), 80% are women. Of women custodial parents,
CSE issues that have been raised include the following:
53% have just one eligible child, 44% are non-Hispanic
Should child support orders be more aligned with the
White, 28% are non-Hispanic Black, 24% are Hispanic (of
noncustodial parent’s ability to pay?
any race), and 4% are other races (including multiple races
not categorized elsewhere).
Should child support orders be automatically reviewed
and modified in cases where the noncustodial parent is
Among all custodial families eligible for child support, 24%
unemployed or underemployed?
have income below the federal poverty level. Forty percent
Should CSE programs have the option to reduce or
of poor families who were supposed to receive child
support reported receiving the full amount that was due.
forgive state- and federal-owed child support arrearages
(i.e., unpaid child support) in cases where doing so
CSE Expenditures and Financing
successfully incentivizes noncustodial parents to
Structure
regularly pay the current support that is owed?
In FY2021, combined federal and state administrative
Should the CSE program have the option of funding
expenditures for CSE amounted to $5.9 billion. CSE is a
work-oriented programs for noncustodial parents who
federal-state matching grant program under which states
are unable to meet their child support obligations?
must spend money in order to receive federal funding. The
Should the states bear more of the costs of their CSE
federal government reimburses each state 66% of all
programs (i.e., reducing the federal matching rate)?
allowable expenditures on CSE activities. This requirement
is open-ended in that there is no upper limit or ceiling on
Should cooperation with the CSE program continue to
the federal government’s match for those expenditures.
be mandated for TANF and Medicaid families? Should
federal cooperation requirements be expanded to other
There are five funding streams associated with the CSE
public assistance programs?
program. The first two streams (mentioned above) are state
and federal matching funds. Third, states collect child
Should the federal and state governments continue to
support on behalf of families receiving TANF assistance to
retain collections to reimburse TANF costs, or should all
reimburse themselves (and the federal government) for the
of the TANF family collections be passed through to
cost of TANF cash payments to the family. Fourth, the
those families? (Should the current state option to pass
federal government provides states with an incentive
through some TANF family collections be altered?)
payment (estimated at $509 million total for FY2021) to
Jessica Tollestrup, Specialist in Social Policy
encourage them to operate effective programs. Federal law
requires states to reinvest CSE incentive payments back
IF10113
into the CSE program or related activities. Fifth, fees and
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The Child Support Enforcement (CSE) Program
Disclaimer
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https://crsreports.congress.gov | IF10113 · VERSION 10 · UPDATED