Child Support Enforcement
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Act, Title IV-D, as amended, Public Laws 94-46, 94-88, 94-365, 95-30, 95-59, 95-171, 95-598, 96-178, 96-265, 96-272, 96-611, 97-35, 97-248, 98-369, 98-378, 100-485, and 101- 508; 15 U.S.C. 1673; 26 U.S.C. 6103(i); 26 U.S.C. 6305; 26 U.S.C. 6402(c); 29 U.S.C. 49b; 42 U.S.C. 651-667; 42 U.S.C. 1310; 42 U.S.C. 1315.
To enforce the support obligations owed by absent parents to their children, locate absent parents, establish paternity, and obtain child, spousal and medical support.
Types of Assistance
Uses and Use Restrictions
States and some Tribes provide support enforcement services directly to individuals who are receiving federally-funded Foster Care Maintenance Payments, Medicaid, Temporary Assistance to Needy Families (TANF) (or those who cease to receive TANF), and to individuals not otherwise eligible for such services. TANF, Medicaid, and certain federally-funded Foster Care applicants or recipients must have assigned support rights to the State. Non-TANF individuals other than those who cease to receive TANF and/or who provide authorization to the IV-D agency to continue support enforcement services, must have signed a written application for support enforcement services. The State must provide services to locate absent parents, establish paternity and enforce support obligations.
All States, the District of Columbia, Puerto Rico, Virgin Islands, and Guam. Each of these jurisdictions is required to establish or designate a single and separate State Child Support Enforcement Agency. Tribes are eligible and we currently have seventeen tribal child support programs and 23 in the start-up phase.
The State must provide support enforcement services to: (1) All applicants for, or recipients of TANF, Foster Care Maintenance Payments, and Medicaid, for whom an assignment to the State of support rights has been made and who are in need of such services; (2) all individuals who cease to receive TANF; (3) individuals who provide authorization to the IV-D agency to continue support enforcement services; and (4) any other individual who is in need of such services and who has applied for them.
The State IV-D agencies must be operating in accordance with an approved Title IV-D State plan. Costs eligible for Federal funding will be determined in accordance with OMB Circular No. A-87 and 45 CFR 304. Tribes must submit a Tribal IV-D application and plan and upon approval receive funding to operate a IV-D program.
Application and Award Process
State officials prepare and review state plans and amendments. Regional Office staff are available for consultation or assistance in preparation of State plans and amendments. The standard application forms, as furnished by Department of Health and Human Services (DHHS) and required by OMB Circular No. A-102, must be used for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. High level State officials review State Plans and amendments before they are submitted. Regional ACF Office staff are available for consultation or assistance in preparation of State plans and amendments. The standard application forms, as furnished by Department of Health and Human Services (DHHS) and required by OMB Circular No. A-102, must be used for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.
Applications are made in the form of a State Plan, prepared in the format provided by the Office of Child Support Enforcement. This program is excluded from coverage under OMB Circular No. A-110.
States are awarded funds quarterly based on their estimates of funds needed to provide support enforcement services to individuals eligible under an approved Title IV-D State plan.
State estimates must be submitted 60 days prior to the period of the estimate.
Range of Approval/Disapproval Time
State Plans and amendments submitted as new State Plans, and Plan amendments may require up to 90 days for approval.
The State may request reconsideration of plan disapproval or plan amendment disapproval within 60 days after that disapproval.
Formula and Matching Requirements
Federal Financial Participation (FFP) for States and territories is 66 percent of the administrative costs incurred by the State pursuant to an approved Title IV-D State plan. This includes costs incurred by certain court and law enforcement officials pursuant to cooperative agreements with the IV-D agency. Incentive payments are made to States from the Federal share of TANF recoupments. Tribal Child Support programs receive 90 percent Federal Financial Participation during the first three years of operation of the program. Subsequently, Tribal IV-D programs receive 80 percent. Tribes without a IV-D program, may apply for 100 perent funding to put a IV-D program into place.
Length and Time Phasing of Assistance
Federal funds are awarded quarterly on a fiscal year basis. The Electronic Transfer System is used for monthly cash draw from Federal Reserve Banks based on quarterly awards.
Post Assistance Requirements
Quarterly financial reports of administrative expenditures and child support collections and annual program reports including caseload data are required by Office of Child Support Enforcement (OCSE).
Periodic audits are made as part of the recipient's systems of financial management and internal control in accordance with Public Law 98-502, the Single Audit Act of 1984. "In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), Audits of States, Local Governments, and Non-Profit Organizations, nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133." In addition, grants and cooperative agreements are subject to inspection and audits by DHHS and other Federal government officials. OCSE conducts data reliability audits of variables used to compute performance measures. These audits were mandated by The Child Support Performance and Incentive Act of 1998 (CSPIA).
The IV-D agency must maintain records necessary for the proper and efficient administration of the State IV-D plan.
(Grants) FY 07 $4,395,600,000; FY 08 est $4,201,182,000; and FY 09 est $3,825,078,000.
Range and Average of Financial Assistance
In FY 07, from $776,584,564 to $7,725,312; $48,303,297; FY 08, from $737,583,563 to $7,337,338; $38,542,954; FY 09, from $667,998,192 to $6,645,116; $35,092,459.
In all fiscal years, 54 grants are expected to be awarded to States. Tribal programs received $19,652,754 in FY 07; estimated $45,000,000 in FY 08 and estimated $61,000,000 in FY 09. Child Support collections were $25 billion in FY 07, estimated $25 billion in FY 08; and estimated $26 billion in FY 09.
Regulations, Guidelines and Literature
45 CFR, Chapter III, 45 CFR 16, 45 CFR 74, 45 CFR 95, 45 CFR 213, 45 CFR 232.
Regional or Local Office
Regional Representative, Department of Health and Human Services. (See Appendix IV of the Catalog for addresses and telephone numbers.)
Joyce Pitts, Director of the Planning, Research and Evaluation Division in the Office of Child Support Enforcement, Department of Health and Human Services, 4th Floor, 370 L'Enfant Promenade, SW., Washington, DC 20447. Telephone: (202) 401- 5374. FTS is not available.
Web Site Address
93.558, Temporary Assistance For Needy Families
93.597, Grants To States For Access And Visitation Programs
93.658, Foster CARE-Title IV-E
Examples of Funded Projects
Criteria for Selecting Proposals