Title IV D and the Family Courts

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      Robert Tanguay
      Keymaster

      I’ve been trying to research Title IV-D and child support.

      I found out that it actually relates to grant money, and they have to come up with a state plan to get the grant money:

      I’ve been putting some of this information into Family Memo of Law – New Hampshire

      “(v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 403(a)(2)(C)(iii))”

      “(iii) The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.”

      “(iv) Not later than 1 year after the date of enactment of this section, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 407(e)(2), require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 407(c), to participate in community service employment, with minimum hours per week and tasks to be determined by the State.”

      “(6) Certification of standards and procedures to ensure against program fraud and abuse.—A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.”

      “(6) Certification of standards and procedures to ensure against program fraud and abuse.—A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure against program fraud and abuse, including standards and procedures concerning nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State program, kickbacks, and the use of political patronage.

      (7) Optional certification of standards and procedures to ensure that the state will screen for and identify domestic violence.—

      (A) In general.—At the option of the State, a certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to—

      (i) screen and identify individuals receiving assistance under this part with a history of domestic violence while maintaining the confidentiality of such individuals;

      (ii) refer such individuals to counseling and supportive services; and

      (iii) waive, pursuant to a determination of good cause, other program requirements such as time limits (for so long as necessary) for individuals receiving assistance, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving assistance under this part to escape domestic violence or unfairly penalize such individuals who are or have been victimized by such violence, or individuals who are at risk of further domestic violence.

      (B) Domestic violence defined.—For purposes of this paragraph, the term “domestic violence” has the same meaning as the term “battered or subjected to extreme cruelty”, as defined in section 408(a)(7)(C)(iii).

      (b) Plan Amendments.—Within 30 days after a State amends a plan submitted pursuant to subsection (a), the State shall notify the Secretary of the amendment.

      (c) Public Availability of State Plan Summary.—The State shall make available to the public a summary of any plan or plan amendment section.”

      Some Other Child support Links

      https://www.srln.org/system/files/attachments/SRLN%20Title%20IV-D%20Resource%20Guide%20Revised%2012%202017_0.pdf

      Title IV-D – Child Support and Establishment of Paternity

      https://www.justice.gov/criminal-ceos/child-support-enforcement

      https://www.supremecourt.gov/DocketPDF/18/18-7897/88306/20190215150435558_00000007.pdf

      Federal child support enforcement became possible with the passage of the Child Support Recovery Act (CSRA) in 1992. The CSRA aimed to deter non-payment of State ordered support obligations through prosecution of the most egregious offenders. While federal prosecution efforts were successful under the CSRA, some law enforcement agencies found that the simple misdemeanor penalties provided for under the Act did not have the force to deter the most serious violators. The problem with enforcement under the CSRA was remedied with the passage of the Deadbeat Parents Punishment Act (DPPA) in 1998. This Act created new categories of federal felonies for the most egregious child support violators.
      Federal law makes it illegal for an individual to willfully fail to pay child support as ordered by a court in certain circumstances. Convicted offenders may face fines and imprisonment (For more information, see Citizen’s Guide to Federal Law on Child Support Enforcement).

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