Child support enforcement : hearing before the Subcommittee on Human Resources of the Committee on Ways and Means, House of Representatives, One Hundred Third Congress, first session, June 10, 1993

262 Pages·1993·8.8 MB·English

by  United States. Congress. House. Committee on Ways and Means. Subcommittee on Human Resources

.
CHILD SUPPORT ENFORCEMENT
Y 4. W 36: 103-30
Cliild Support Enforcenent/ Serial H. .
HEARING
BEFORE THE
SUBCOMMITTEE ON HUMAN RESOURCES
OF THE
COMMITTEE ON WAYS AND MEANS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
JUNE 10, 1993
Serial 103-30
Printed for the use of the Committee on Ways and Means
^
t993
U.S. GOVERNMENT PRINTING OFFICE ^^CATT
72-449CC WASHINGTON : 1993
ForsalebytheL'.S.GovcmmeniPrintingOffice
SuperintendentofDocuments.CongressionalSalesOffice.Washington.DC 20402
ISBN 0-16-041620-5

.
CHILD SUPPORT ENFORCEMENT
Y 4. W 36: 103-30
Child Support Eoforccnent/ Serial K. .
HEAKING
BEFORE THE
SUBCOMMITTEE ON HUMAN RESOURCES
OF THE
COMMITTEE ON WAYS AND MEANS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
JUNE 10, 1993
Serial 103-30
Printed for the use of the Committee on Ways and Means
U.S. GOVERNMENT PRINTING OFFICE ^HChfJ
72-449CC WASHINGTON : 1993
ForsalebytheL.S.GovernmentPrintingOffice
SuperintendentofDocunients.CongressionalSalesOtTice.Washington.DC 2()4{)2
ISBN 0-16-041620-5
COMMITTEE ON WAYS AND MEANS
DAN ROSTENKOWSKI, Illinois, Chairman
SAM M. GIBBONS, Florida BILL ARCHER, Texas
J.J. PICKLE, Texas PHILIP M. CRANE, Illinois
CHARLES B. RANGEL, New York BILL THOMAS, California
FORTNEY PETE STARK, California E. CLAY SHAW, Jr., Florida
ANDYJACOBS, JR., Indiana DON SUNDQUIST, Tennessee
HAROLD E. FORD, Tennessee NANCY L. JOHNSON, Connecticut
ROBERTT. MATSUI, California JIM BUNNING, Kentucky
BARBARA B. KENNELLY, Connecticut FRED GRANDY, Iowa
WILLIAM J. COYNE, Pennsylvania AMO HOUGHTON, New York
MICHAEL A. ANDREWS, Texas WALLY HERGER, California
SANDER M. LEVIN, Michigan JIM McCRERY, Louisiana
BENJAMIN L. CARDIN, Maryland MEL HANCOCK, Missouri
JIM MCDERMOTT, Washington RICK SANTORUM, Pennsylvania
GERALD D. KLECZKA, Wisconsin DAVE CAMP, Michigan
JOHN LEWIS, Georgia
L.F. PAYNE, Virginia
RICHARD E. NEAL, Massachusetts
PETER HOAGLAND, Nebraska
MICHAEL R. McNULTY, New York
MIKE KOPETSKI, Oregon
WILLIAM J. JEFFERSON, Louisiana
BILL K. BREWSTER, Oklahoma
MEL REYNOLDS, Illinois
Janice Mays, ChiefCounsel and StaffDirector
Charles M. Brain, Assistant StaffDirector
Phillip D. MOSELEY, Minority Chiefofstaff
Subcommittee on Human Resources
HAROLD E. FORD, Tennessee, Chairman
ROBERT T. MATSUI, California RICK SANTORUM, Pennsylvania
JIM MCDERMOTT, Washington E. CLAY SHAW, Jr., Florida
SANDER M. LEVIN, Michigan FRED GRANDY, Iowa
MIKE KOPETSKI, Oregon DAVE CAMP, Michigan
MEL REYNOLDS, Illinois
BENJAMIN L. CARDIN, Maryland
(II)
CONTENTS
Page
Press releaseofThursday, May 27, 1993, announcingthe hearing 2
WITNESSES
U.S. Department of Health and Human Services, Hon. David T. Ellwood,
Ph.D., AssistantSecretary forPlanning and Evaluation 35
American BarAssociation, Marshall J. Wolf 98
American Public Welfare Association, Larry D. Jackson 91
American Society forPayroll Management, Robert D. Williamson 143
Association for Children for Enforcement ofSupport, Inc., Geraldine Jensen ... 158
Center for Law andSocial Policy, PaulaRoberts 176
ChildSupport Council, Darryll W. Grubbs 67
Childrens Defense Fund, Nancy Ebb 149
Children's Rights Council, David L. Levy 169
Haynes, Margaret Campbell, former chair, U.S. Commission on Interstate
ChildSupport 113
Kennelly, Hon. Barbara B., a Representative in Congress from the State
ofConnecticut 11
Massachusetts Department ofRevenue, Robert M. Melia 132
National Child Support Enforcement Association, Michael R. Henry 80
NewYork City, Michael Infranco 126
Schroeder, Hon. Patricia, a Representative in Congress from the State of
Colorado 22
SUBMISSIONS FOR THE RECORD
Ayuda, Clinica Legal Latina; Center for Law and Social Policy; Children's
Defense Fund; National Women's Law Center; United States Catholic Con-
ference; andWomen's Legal Defense Fund,joint statement 184
Bradley, Hon. Bill, a U.S. Senator from the State ofNew Jersey, statement .... 7
Castellano, June, GreaterUpstate Law Project, Rochester, N.Y., statement .... 221
Center for Law and Social Policy (See listing forAyuda, Clinica Legal Latina)
Children's Defense Fund (See listing forAyuda, Clinica Legal Latina)
Cole, Hugh, Eastern Regional Interstate Child Support Association, state-
ment 206
CommunityService SocietyofNew York, Linda R. WolfJones, statement 195
Conference ofState CourtAdministrators, HowardP. Schwartz, statement .... 203
Eastern Regional Interstate Child Support Association, Hugh Cole, state-
ment 206
Gay, RogerF., South Bend, Ind., statement 211
Ghosh, Subhen, Hutsonville, 111., letter 219
GreaterUpstate Law Project, Rochester, N.Y., June Castellano, statement 221
Illinois Task Force on Child Support, Marion Wanless, letter 224
Jones, LindaR. Wolf, Community Service Society ofNew York, statement 196
Keenan, Joan S., NewYork State Department ofSocial Services, statement ... 243
National SocietyofProfessional Engineers, statement 227
National Women's Law Center (See listing for Ayuda, Clinica Legal latina)
New Jersey Council for Children's Rights, statement and attachments 229
New York State Department ofSocial Services, Joan S. Keenan, statement .... 243
Schwartz, HowardP., Conference ofState CourtAdministrators, statement ... 203
State CommunitiesAidAssociation, Albany, N.Y., Russell Sykes, statement ... 248
(III)
IV
Page
United States Catholic Conference (See listing for Ayuda, Clinica Legal
Latina)
Wanless, Marion, IllinoisTask Force on ChildSupport, letter 224
Women's Legal Defense Fund (See listing for Ayuda, Clinica Legal Latina)
CHILD SUPPORT ENFORCEMENT
THURSDAY, JU>fE 10, 1993
House of Representativt:s,
CoMMin^EE ON Ways and Means,
Subcommittee on Human Resources,
Washington, D.C.
The subcommittee met, pursuant to call, at 10 a.m., in room
B-318, Rayburn House Office Building, Hon. Harold E. Ford (chair-
man ofthe subcommittee) presiding.
[The press release announcing the hearing follows:!
(1)
FOR IMMEDIATE RELEASE PRESS RELEASE #5
THURSDAY, MAY 27, 1993 SUBCOMMITTEE ON HXniAM RESOURCES
COMMITTEE ON WAYS AND MEANS
U.S. HOUSE OF REPRESENTATIVES
1102 LONQWORTH HOUSE OFFICE BLOO.
WASHINGTON, D.C. 20515
TELEPHONE: [phone]
SUBCOMTHMEITTHEOENOROANBLHEUMAHNARORELSDOUER.CEFSO,RDCO(MD.MI,TTTEENEN.ON),WACYHSAIRAMNADN,MEANS,
U.S. HOUSE OF REPRESENTATIVES,
ANNOUNCES AN OVERSIGHT BEARING ON CHILD SUPPORT ENFORCEMENT
The Honorable Harold E. Ford (D., Tenn.)/ Chairman,
Subcommittee on Human Resources, Committee on Ways and Means, U.S.
House of Representatives, today announced that the Subcommittee
will hold an oversight hearing on child support enforcement. The
hearing will be held on Thursday, June 10, 1993, beginning at
10:00 a.m. in room B-318 of the Rayburn House Office Building.
BACKGROUND
The child support enforcement program was enacted as Part D of
Title IV of the Social Security Act in 1975 (P.L. 93-647). The
States operate their own programs within Federal law and
regulations and the Federal Government pays for 66 percent of the
administrative costs. States are responsible for establishing
paternity, locating absent parents, establishing child support
orders, and enforcing child support. The Federal role includes
monitoring and evaluating State programs, providing technical
assistance, and in certain instances, helping States locate absent
parents and collect child support payments.
The most recent attempt by Congress to reform the child
support enforcement program was enacted under the Family Support
Act of 1988. Some main elements were: (1) requiring State and
local officials to use the child support guidelines established
under the 1984 amendments; (2) requiring all parties to take
genetic tests in a contested paternity case if requested by one of
the parties and providing 90-percent Federal matching for the cost
of paternity tests; (3) requiring States to implement automated
tracking and monitoring systems by October 1995, with 90-percent
Federal matching; and (4) requiring States to implement wage
withholding against non-custodial parents under certain
circumstances. By the beginning of fiscal year 1996, all of these
changes will have gone into effect.
SCOPE OF THE HEARING
Members of the Subcommittee are interested in hearing
testimony on the status of State child support enforcement
programs, especially in relation to the implementation of the
In addition, Members are interested in various proposals for
reform of the child support enforcement system, such as: the
recommendations of the Interstate Commission on Child Support; the
Child Support Enforcement and Assurance Proposal; and the proposals
of the Clinton Administration described in A Vision of Change for
America
.
DETAILS FOR SUBMISSION OF REQUESTS TO BE HEARD
!
Individuals and organizations interested in presenting oral
testimony before the Subcommittee must submit their requests by
telephone to Harriett Lawler, Diane Kirkland, or Karen Ponzurick
[[phone]] no later than close of business, Thursday,
June 3, 1993, to be followed by a formal written request to
Janice Mays, Chief Counsel and Staff Director, Committee on Ways
and Means, U.S. House of Representatives, 1102 Longworth House
Office Building, Washington, D.c. 20515. The Subcommittee staff
will notify by telephone those scheduled to appear as soon as
possible after the filing deadline. Any questions concerning a
scheduled appearance should be directed to the Subcommittee staff
[[phone]].
It is urged that persons and organizations having a common
position make every effort to designate one spokesperson to
represent them in order for the Subcommittee to hear as many points
of view as possible. Time for oral presentations will be strictly
limited with the understanding that a more detailed statement may
be included in the printed record of the hearing. (8«« formatting
requirements below.) This process will afford more time for
Members to question witnesses. In addition, witnesses may be
grouped as panelists with strict time limitations for each
panelist.
In order to assure the most productive use of the limited
amount of time available to question witnesses, all witnesses
scheduled to appear are required to submit 200 copies of their
prepared statements to the Subcommittee office, B-317 Rayburn House
Office Building, at least 24 hours in advance of their scheduled
appearance. Failure to comply with this requirement may result in
the witness being denied the opportunity to testify in person
.
WRITTEM STATEMENTS IN LIED OF PER80HAL APPEARAMCB
;
Any persons or organizations wishing to submit a written
statement for the printed record of the hearing should submit at
least six (6) copies of their statements by close of business,
Thursday, June 24, 1993, to Janice Mays, Chief Counsel and Staff
Director, Committee on Ways and Means, U.S. House of
Representatives, 1102 Longworth House Office Building, Washington,
D.C. 20515. If those filing written statements wish to have their
statements distributed to the press and interested public, they may
deliver 100 additional copies for this purpose to the Subcommittee
office, room B-317 Rayburn House Office Building, on or before the
day of the hearing.
FORMATTINQ REQOIREMENTS
:
EachsUUinentpresentedforprintinftothe Committeebyawitness, anywrittenstatementor
exhibitsubmittedfortheprinted recordor anywrittencommentsinresponsetoarequestforwritten
comments mustconformtothe(uidelineslistedbelow. Any statementorexhibit notincompliancewith
theseguidelineswill notbeprinted, butwill be maintainedinthe Committeefilesforreviewand use bythe
Committee.
1. All statementsand anyaccompanyingexhibits forprinting mustbetypedin singlespace
on legal-sizepaperand may notexceed atotalof 10pages.
2. Copiesofwhole documentssubmitted asexhibit materialwill notbeacceptedforprinting.
Instead, exhibit material should bereferenced and quotedorparaphrased. Allexhibit
rrjterisl fot meetingthese ipecif'^atio.'ii v/il! ba maintainedinthe Committeefile." foi
review and useby the Committee.
3. Statements mustcontainthe nameandcapacityin whichthewitnesswill appearor, for
writtencomments, the nameandcapacityofthe person submittingthestatement, aswell
asanyclientsorpersons, or anyorganization for whomthewitnessappearsor for whom
the statementis submitted.
4. Asupplemental sheet mustaccompanyeach statement listingthe name, full address, a
telephonenumberwherethewitnessor the designated representative maybereachedand
a topicaloutlineorsummaryofthecommentsandrecommendationsinthefullstatement.
This supplemental sheetwill notbeincluded inthe printedrecord.
Theaboverestrictions and limitations applyonlyto materialbeing submittedfor printing.
Statements andexhibitsor supplementary material submitted solelyfor distribution tothe Members, the
pressandthepublic during thecourseof a public hearingmaybe submitted inotherforms.
Chairman Ford. The Subcommittee on Human Resources will
come to order.
We are very delighted to have a panel of witnesses to testify
today before the subcommittee. Six years ago, as chairman of the
Subcommittee on Human Resources, I introduced the Family Wel-
fare Reform Act of 1987. In less than 2 years, the bill evolved into
the Family Support Act of 1988. This act emphasized many of the
same themes President Clinton stresses today: reducing poverty,
keeping families together, promoting parental responsibility and
self-sufficiency, providing education, training and work incentives,
assisting with day care and transportation, and enforcing child
support obligations.
Today the subcommittee holds an oversight hearing on the child
support enforcement program. Since 1988, program collections have
grown by 45 percent. Paternities established have risen by 67 per-
cent, and the number of parents located has tripled, but many
problems still remain with the system.
This hearing will address these problems. They include problems
with implementation of the Family Support Act, the various issues
addressed by the Interstate Commission on Child Support, the pro-
posals of the Clinton administration, child support assurance, and
other proposals made by Members of Congress, interest groups,
and citizens affected by this system.
I am pleased and encouraged by the response to the subcommit-
tee's call for public witnesses on this vital subject. It is clear that
the intent of this subcommittee, as well as the full committee, is
to move in this area after hearing from the administration, hearing
from colleagues in the Congress, and other experts and witnesses
throughout this country. This legislation will probably coincide
with welfare reform as we tackle these two major issues.
I am very delighted to join with my colleagues on the minority
side as well as my colleagues on the majority side to work with
them tirelessly to bring about needed changes, and to revamp child
support enforcement ifnecessary.
I am also delighted to have testifying today one of our colleagues
and a former member ofthis subcommittee, Ms. Kennelly, who has
offered her leadership and has been a giant among giants in this
area. I had the opportunity to work with her on the last child sup-
port enforcement legislation on this subcommittee.
And I want to you know, Ms. Kennelly, you were a true leader
in this area, and I certainly look forward to working with you and
seek your participation at every level as we move tnis legislation.
Before I recognize you, I would like to see if Mr. Grandy would
have any opening statements from the minoritv side.
Mr. Grandy. Thank you, Mr. Chairman, I do. And let me say at
the outset that our ranking member, Mr. Santorum, is unavoidably
delayed, and I am speaking on behalf of him and the rest of the
minority members. I want to begin by thanking you, Mr. Chair-
man, for beginning this process which I hope will be ongoing and
productive, and I assume it will.
I particularly want to welcome, as you did Ms. Kennelly, who of
course was a former member of this committee and a member of
the interstate commission and someone we have relied on, as well
as Dr. EUwood, who is now a member of the administration, but