Issue:
Current federal law for child support enforcement includes the IRS tax refund intercept program to collect past due child support from delinquent parents, but prohibits the use of this remedy for non-welfare children, once they reach the age of majority. Pending legislation would expand the use of this remedy to include collecting past due support owed to these children.
Background:
The current federal law was passed in 1981, which established thresholds and priorities for collection of past due support owed to the state and to families, and created the prohibition of use of the remedy for non-welfare children. However, most state laws allow the collection of past due support remaining after a child reaches the age of majority, and most IV-D child support programs use all other remedies available to collect support for adult children, but are denied the use of this remedy by this outmoded law. Since 1981, Congress has greatly expanded the number and effectiveness of remedies to collect past due support for all children. To allow the use of this remedy for debts owed for adult welfare children and not to allow its use for non-welfare adult children creates a basic unfairness and allows some parents to avoid an effective remedy simply because their children reach the age of majority.
NCCSD Statement in Support:
This amendment to current law is consistent with the principle driving public policy that parents support their children, and closes a loophole in current law that allows some parents to escape their responsibility. NCCSD supports this long over-due amendment to current law.