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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D42 USC Chapter 7 Title IV-D
“The Title IV-D program was designed by Congress to save federal and state funds by recovering assigned support payments from absent parents of children in families receiving AFDC benefits, and to reduce the number of welfare recipients. This plan would be undermined if …Title IV-D became an entitlement program which guaranteed specific child support enforcement services to all individual AFDC recipients.”
Source: Source: Brief For The Federal Respondent, by Brief For The Federal Respondent, by KENNETH W. STARR Solicitor General, STUART M. GERSON KENNETH W. STARR Solicitor General, STUART M. GERSON Assistant Attorney General, ANTHONY J. STEINMEYER, Assistant Attorney General, ANTHONY J. STEINMEYER, IRENE M. SOLET Attorneys, IRENE M. SOLET Attorneys, Footnote 6, Footnote 6, FEBRUARY 1990FEBRUARY 1990
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Key Child Support DemographicsKey Child Support Demographics
Over Over 70 million70 million U.S. Citizens enrolled in Title IV-D benefits and U.S. Citizens enrolled in Title IV-D benefits and growing. growing.
Public assistance utilization has been declining steadily Public assistance utilization has been declining steadily amongst custodial parents with a 13 percent decline from 1992 amongst custodial parents with a 13 percent decline from 1992 to 1999.to 1999.
About About 1.2 million1.2 million divorces occur each year, involving divorces occur each year, involving approximately 1 million children. approximately 1 million children.
According to Office of Child Support Enforcement According to Office of Child Support Enforcement 25%25% of non- of non-custodial parents are women, a number that will risecustodial parents are women, a number that will rise..
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
United States General Accounting Office GAO ReportsUnited States General Accounting Office GAO Reports
“ … “ … many non-AFDC clients may many non-AFDC clients may not be within the not be within the population the Congress envisioned servingpopulation the Congress envisioned serving.”.” p. 6 p. 6
June 13, 1995June 13, 1995 “ “Opportunity to Reduce Federal and State Costs” Opportunity to Reduce Federal and State Costs” Report # GAO/T-HEHS-95-181Report # GAO/T-HEHS-95-181By By Jane L. RossJane L. Ross, Director, Income Security Issues, Director, Income Security Issues
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D42 USC Chapter 7 Title IV-D
““Title IV-D was not intended to benefit individual children Title IV-D was not intended to benefit individual children and custodial parents, and therefore itand custodial parents, and therefore it does notdoes not constitute constitute a federal right.a federal right. Far from creatingFar from creating an individual an individual entitlemententitlement to services, the standard is simply a yardstick for the to services, the standard is simply a yardstick for the Secretary to measure the system-wide performance of the Secretary to measure the system-wide performance of the State’s Title IV-D program. Thus, the Secretary must look to State’s Title IV-D program. Thus, the Secretary must look to the aggregate services provided by the State, not whether the aggregate services provided by the State, not whether the need of any particular person have been satisfied … As the need of any particular person have been satisfied … As such,such, it does notit does not give rise to individual rightsgive rise to individual rights.”.”
SourceSource: : U.S. Supreme Court Case – U.S. Supreme Court Case – Blessing v Freestone, 520 U.S. 329Blessing v Freestone, 520 U.S. 329 (1997)(1997)
The intended beneficiary of the IV-D program is not an individual, it is The intended beneficiary of the IV-D program is not an individual, it is the government.the government.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D42 USC Chapter 7 Title IV-DChild Support EnforcementChild Support Enforcement
After 1996 Welfare ReformAfter 1996 Welfare Reform
Designed by Congress to put the middle Designed by Congress to put the middle and upper class population on welfare.and upper class population on welfare.
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Social Security ActSocial Security Act
42 USC Title IV-D Section 65142 USC Title IV-D Section 651 Authorization of AppropriationsAuthorization of Appropriations
After 1996 Welfare ReformAfter 1996 Welfare Reform
For the purpose of enforcing the support obligations For the purpose of enforcing the support obligations owed by owed by noncustodialnoncustodial parents to their children and the parents to their children and the spouse (or former spouse) with whom such children are spouse (or former spouse) with whom such children are living, locating living, locating noncustodialnoncustodial parents, establishing parents, establishing paternity, obtaining child and spousal support, and paternity, obtaining child and spousal support, and assuring that assistance in obtaining support will be assuring that assistance in obtaining support will be available under this part available under this part to all children (whether or not to all children (whether or not eligible for assistance under a state program funded eligible for assistance under a state program funded under part A of this subchapterunder part A of this subchapter)) for whom such for whom such assistance is requested, there is hereby authorized to be assistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.out the purposes of this part.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D42 USC Chapter 7 Title IV-D
State Plan Requirements for State Plan Requirements for Child and Spousal SupportChild and Spousal Support
Section 654 (4)Section 654 (4) A State plan for child and spousal support must :A State plan for child and spousal support must :
Provide that the State will - Provide that the State will -
(A)(A) Provide services relating Provide services relating to the to the establishment of paternity or establishment of paternity or the the establishment, modification, establishment, modification, or or enforcement of child support enforcement of child support
obligations, as appropriate, obligations, as appropriate, under under the plan with respect to -the plan with respect to -
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D42 USC Chapter 7 Title IV-D State Plan Requirements for State Plan Requirements for Child and Spousal SupportChild and Spousal Support
Continued
Section 654 (4)(A)Section 654 (4)(A)(i) Each child for whom
(I) Assistance is provided under the State program
funded under part A of this subchapter(II) Benefits or services for foster care maintenance
are provided under the State program funded under part E of this subchapter
(III) Medical assistance is provided under the State plan approved under subchapter XIX of this chapter
(IV) Cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist;
(ii) Any other child, if an individual applies for such services with respect to the child
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Question:Question: How Many Current Recipients Are How Many Current Recipients Are Ineligible By Original Congressional Intent?Ineligible By Original Congressional Intent?
Federal Federal Fiscal Year Fiscal Year 20052005
CurrentCurrent
AssistanceAssistance
Cases Cases
FormerFormer
AssistanceAssistance
CasesCases
NeverNever
AssistanceAssistance
CasesCases
TotalTotal
IV-DIV-D
CasesCases
2005 numbers2005 numbers 2,495,8172,495,817 7,292,8287,292,828 6,072,1086,072,108 15,860,75315,860,753
2005 2005 percentagespercentages
15.7% 15.7% 46% 46% 38.3% 38.3% 100%100%
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Former Public Assistance Title IV-D CasesFormer Public Assistance Title IV-D Cases
What is the likelihood of being “at risk” What is the likelihood of being “at risk” for future welfare?for future welfare?
““people leaving TANF have a 30% people leaving TANF have a 30% chance of coming backchance of coming back.”.”
Quote ByQuote By: : Dr. Sherri Heller, U.S. Commissioner of OCSEDr. Sherri Heller, U.S. Commissioner of OCSESourceSource: : Wayland Campbell, Minnesota Family Support & Recovery Council, IV-D News ’n Views Wayland Campbell, Minnesota Family Support & Recovery Council, IV-D News ’n Views Newsletter, August 2002.Newsletter, August 2002.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
QuestionQuestion:: How many current Title IV-D recipients are ineligible How many current Title IV-D recipients are ineligible based on based on originaloriginal Congressional intent to provide services Congressional intent to provide services to: to:
a)a) Those on welfareThose on welfareb)b) Those at risk of falling back on public assistance?Those at risk of falling back on public assistance?
Research Concept: Molly Olson, Center for Parental ResponsibilityResearch Concept: Molly Olson, Center for Parental Responsibility
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
ContinuedContinuedFFY 2005 Total CasesFFY 2005 Total CasesTotal Title IV-D Cases Nationwide Total Title IV-D Cases Nationwide 15,860,75315,860,753Eligible: Total Current Assistance casesEligible: Total Current Assistance cases 2,495,8172,495,817Eligible: 30% of Former Assistance CasesEligible: 30% of Former Assistance Cases 2,187,8482,187,848Total Number of Eligible Title IV-D CasesTotal Number of Eligible Title IV-D Cases 4,683,6654,683,665
Total Percent of Eligible Title IV-D CasesTotal Percent of Eligible Title IV-D Cases 29.5%29.5%
Ineligible: Total Never Assistance CasesIneligible: Total Never Assistance Cases 6,072,1086,072,108Ineligible: 70% of Former Assistance CasesIneligible: 70% of Former Assistance Cases 5,104,9795,104,979Total Number of Ineligible Title IV-D CasesTotal Number of Ineligible Title IV-D Cases 11,177,08711,177,087
Total Percent of Ineligible Title IV-D CasesTotal Percent of Ineligible Title IV-D Cases 70.5%70.5%Research Concept: Molly Olson, Center for Parental ResponsibilityResearch Concept: Molly Olson, Center for Parental Responsibility
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
EligibilityEligibility
After 1996 Welfare ReformAfter 1996 Welfare Reform
Section 657 (a)Section 657 (a)
(1) Families receiving assistance…(1) Families receiving assistance…
(2) Families that formerly received assistance…(2) Families that formerly received assistance…
(3) (3) Families that never received assistance…Families that never received assistance…
(4) Families under certain agreements…(4) Families under certain agreements…
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Requires Due Process Protections
Section 666Section 666
Requirement of statutorily prescribed Requirement of statutorily prescribed procedures to improve effectiveness of procedures to improve effectiveness of child support enforcement.child support enforcement.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Requires Due Process Protections
Section 666 (a)(2)Section 666 (a)(2)
Expedited administrative and judicial Expedited administrative and judicial proceduresprocedures (including the procedures (including the procedures specified in subsection (c) of this specified in subsection (c) of this section) for establishing paternity and section) for establishing paternity and for establishing, for establishing, modifyingmodifying, and , and enforcing support obligations.enforcing support obligations.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Requires Due Process Protections
Section 666 (a)(2)Section 666 (a)(2)
States are routinely in violation of this States are routinely in violation of this requirement.requirement.
Such violation disqualifies Title IV-D Such violation disqualifies Title IV-D participation.participation.
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
California StoryCalifornia Story
Total Population of CA Minor Children: Total Population of CA Minor Children: 8,480,1428,480,142 Total CA Cases In Title IV-D:Total CA Cases In Title IV-D: 1,762,9961,762,996 Ratio of IV-D Cases to Total CA Minors: Ratio of IV-D Cases to Total CA Minors: 17.63 %17.63 %
Population of California 2005: Population of California 2005: 36,132,14736,132,147 Ratio of IV-D Cases to CA Population:Ratio of IV-D Cases to CA Population:4.9 %4.9 %
California Child Support Program Collects $2.22 Billion in 2005California Child Support Program Collects $2.22 Billion in 2005
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
California Child Support DistributionsCalifornia Child Support Distributions
Current Assistance Current Assistance $293,656,538 $293,656,538 Former Assistance Former Assistance $1,151,525,505$1,151,525,505 Never Assistance*Never Assistance* $677,649,468 $677,649,468
[30.5% of [30.5% of total]total]
Total Total $2,222,045,042$2,222,045,042
*Denotes Families Never Before on Welfare*Denotes Families Never Before on Welfare
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Michigan StoryMichigan Story
Total Population of MI Minor Children: Total Population of MI Minor Children: 2, 512,6632, 512,663 Total MI Cases In Title IV-D: Total MI Cases In Title IV-D: 1,043,2741,043,274 Ratio of IV-D Cases to Total MI Minors: Ratio of IV-D Cases to Total MI Minors: 41.52 %41.52 %
Population of Michigan 2005:Population of Michigan 2005: 10,120,86010,120,860 Ratio of IV-D Cases to MI Population:Ratio of IV-D Cases to MI Population: 10.3 %10.3 %
Michigan Child Support Program Collects $1.38 Billion in 2005Michigan Child Support Program Collects $1.38 Billion in 2005
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Michigan Child Support DistributionsMichigan Child Support Distributions
Title IV-D Collections DistributedTitle IV-D Collections Distributed Current Assistance Current Assistance $37,661,250 $37,661,250 Former Assistance Former Assistance $434,853,431 $434,853,431 Never Assistance* Never Assistance* $909,007,004 $909,007,004
[65.8 percent of [65.8 percent of total]total]
Total Total $1,381,521,685 $1,381,521,685 *Denotes Families Never Before on Welfare*Denotes Families Never Before on Welfare
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
California vs. MichiganCalifornia vs. Michigan
Total Cases CATotal Cases CA (Highest)(Highest) 1,762,9961,762,996 Population of CA 2005Population of CA 2005 36,132,14736,132,147
Total Cases MI Total Cases MI (2nd Highest)(2nd Highest) 1,043,2741,043,274 Population of MI 2005Population of MI 2005 10,120,86010,120,860
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
California vs. MichiganCalifornia vs. Michigan More or Less Welfare More or Less Welfare
Which is Better?Which is Better?
CaliforniaCalifornia Ratio of IV-D Cases to Total CA Minors: Ratio of IV-D Cases to Total CA Minors: 17.63 %17.63 % Ratio of IV-D Cases to CA Population:Ratio of IV-D Cases to CA Population: 4.9 % 4.9 % Never Assistance* Never Assistance* 30.5%30.5%
MichiganMichigan Ratio of IV-D Cases to Total MI Minors: Ratio of IV-D Cases to Total MI Minors: 41.52 %41.52 % Ratio of IV-D Cases to MI Population:Ratio of IV-D Cases to MI Population: 10.3 %10.3 % Never Assistance* Never Assistance* 65.8 %65.8 %
*Denotes Families Never Before on Welfare*Denotes Families Never Before on Welfare
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
California vs. MichiganCalifornia vs. Michigan
Michigan has the largest number of families in Title IV-D Michigan has the largest number of families in Title IV-D per capita in the nation exceeding California by over 2 to 1.per capita in the nation exceeding California by over 2 to 1.
Michigan also has the largest ratio of Title IV-D cases per Michigan also has the largest ratio of Title IV-D cases per minor child in the nation.minor child in the nation.**
*Surpassing California by 236 percent: 41.52% vs. 17.63%*Surpassing California by 236 percent: 41.52% vs. 17.63%
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Social Security ActSocial Security Act 42 USC Chapter 7 Title IV-D 42 USC Chapter 7 Title IV-D
Statutory Recognition of Statutory Recognition of Parental AuthorityParental Authority
A Ray of Hope?A Ray of Hope?
USC 42 Chapter 7 Subchapter XI Sec. 1301 (d)USC 42 Chapter 7 Subchapter XI Sec. 1301 (d)
Nothing in this chapter shall be construed as authorizing Nothing in this chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying any Federal official, agent, or representative, in carrying out any of the provisions of this chapter, out any of the provisions of this chapter, to take to take charge of any child over the objection of either charge of any child over the objection of either of the parents of such childof the parents of such child, or of the person , or of the person standing in loco parentis to such child.standing in loco parentis to such child.
