On this 4th day of June 2002 the National Council of Child Support Directors resolves that:
* NCCSD supports current law requiring states to assess each case entering TANF and take appropriate action to locate a parent, to establish paternity, and to establish, modify or enforce a support order, rather than requiring such actions when families exit from TANF.
* NCCSD supports current law on parents' and states' rights and responsibilities with regard to review and adjustment. This law includes:
o The right of either party, or, if there is an assignment under part A, the IV-D Agency, to request the State to review and adjust the child support order if appropriate, once every three years.
o The right to a review and adjustment in accordance with guidelines outside of the 3-year cycle if the requesting party demonstrates a substantial change in circumstances
o The right for the parties to the order to receive a Notice of the Right to Review once every three years informing the parties of their right to request the State to review and, if appropriate, adjust the order.
* NCCSD recommends that OCSE conduct research on states' existing review and adjustment policies to identify best practices and to analyze the efficacy of such reviews.
Legislation presently before Congress mandates that every case in which the family is currently receiving TANF be reviewed and adjusted every three years. When this mandate was in effect prior to 1996, states found that the majority of cases reviewed did not result in an increase in child support for the family. This mandate lacks sufficient grounding in recent research and states' experience to justify its enactment.
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. The education level is often minimal, there may be substance abuse, and a lack of an employment history inhibits a noncustodial parent's ability to move up the economic ladder. For these reasons, more CS programs are beginning to focus on improving the noncustodial parent's ability to provide more economic support. At this point, the number of such programs is very limited.
NCCSD recommends that a change to current law is not appropriate at this time. Instead of changing the law, NCCSD recommends that OCSE conduct research in states to determine the outcome of such a practice. In addition, NCCSD recommends that OCSE review best practices in states that are conducting reviews, and share such practices with all states.