April 21, 2003
Senator Olympia J. Snowe
250 Russell Senate Office Building
Washington, D.C. 20510-1903
Re: S. 669 The Child Support Distribution Act of 2003
Dear Senator Snowe:
The National Council of Child Support Directors (NCCSD) supports your Bill S. 669. The proposed changes to the child support laws will improve the collection of child support and provide additional child support for families receiving public assistance. The simplification of child support distribution rules will benefit families and the State Child Support Programs.
The NCCSD would like to recommend the inclusion of a provision in S. 669 to amend the Federal Longshore and Harbor Workers' Compensation Act (the Act) to allow for attachment or garnishment of benefits for the collection of child support. The Act prohibits attachment or assignment of benefits for the payment of child support, even with the consent of the employee. The continued prohibition on attachment, at a time when federal policy generally is to make benefits based on remuneration from employment available for the payment of child support, would seem to an anachronism. Workers' compensation benefits under state laws are available for the satisfaction of child support obligation; federal workers' compensation should be as well. The NCCSD's position paper on the Act is enclosed.
Also enclosed are the NCCSD's position papers on the enactment of the Uniform Interstate Family Support Act 2001, the Confidentiality of Internal Revenue Service Information, Passport Denial and Child Support Distribution Reform. The position papers support your requested amendments to passport denial and simplification of child support distribution.
NCCSD would also like to recommend an amendment to S. 669 to amend 42 U.S.C. § 466(f) to require every state to enact the 2001 version of the Uniform Interstate Family Support Act (UIFSA). Congress mandated that every state adopt the 1996 version of UIFSA and all states have. This insures that every state has the same basic laws for handling interstate and international cases. With 30% of cases involving more than one state, states have greatly improved processing such cases. The National Conference of Commissioners on Uniform State Laws (NCCUSL) made the 2001 amendments at the request of the child support community. The changes are important and necessary to improve the processing of interstate child support cases. Section 466(f) prohibits a state from having a version another than UIFSA 1996. Only Congress can amend the law to require all states to enact UIFSA 2001.
Lastly, NCCSD would recommend amendments to 26 U.S.C. §6103 and 42 U.S.C. §§ 653, 663 and 664 to expand the definition of which agents of the Child Support Enforcement Programs are entitled to receive IRS information for the purposes of child support enforcement to allow such information to be re-disclosed. Re-disclosure would only be to authorized agents for limited purposes necessary for the administration of the State Child Support Program. IRS information for child support collection through tax refund offset and locating obligors and their assets is one of the most powerful tools granted to State Child Support Programs.
Our only concern is with the requirement for a mandatory review and adjustment of the child support order if the family is receiving Temporary Assistance for Needy Families (TANF). States found that the prior mandate to review and adjust orders every three years did not result in an increase in child support for the family. It also created additional work for the program, and the parties were often very uncooperative and upset as they did not request a change. Over the past five years, states have determined that noncustodial parents associated with TANF and former TANF cases have the same barriers to economic self-sufficiency as do the custodial parents who are receiving TANF. Child Support Programs are beginning to focus on improving the noncustodial parent’s ability to provide more economic support. NCCSD recommends that, rather than change the law, the Federal Office of Child Support Enforcement conduct research in states to determine the outcome of such practice. The NCCSD Review and Adjustment Resolution is enclosed.
Your support of the State Child Support Programs is greatly appreciated. I trust that our position papers will provide substantiation of our requested amendments. If you require any additional information, please contact me at your convenience.
Sincerely,
Diane M. Fray
President, NCCSD
C: Senator Max Baucus, MT
Senator Evan Bayh, IN
Senator John B. Breaux, LA
Senator Bob Graham, FL
Senator Chuck Grassley, IA
Senator Tim Johnson, SD
Senator Edward M. Kennedy, MA
Senator John F. Kerry, MA
Senator Herb Kohl, WI
Senator Mary Landrieu, LA
Senator Joseph Lieberman, CT
Senator, Blanche Lincoln, AR
Senator Jay Rockefeller, WV