Child support is a complex issue.
Numerous amendments, laws, and regulations outline the duties and functions of each entity. Child support guidelines are highly specific.
Over the years, the Child Support Enforcement program has expanded with responsibilities and goals. Computerization has resulted in advanced child support collection efforts. Intra-state and international child support collections are now streamlined.
Discussions about child support often lead to the topic of Title IV-D of the Social Security Act, enacted in 1975.
Importantly, before part D of the Social Security Act was signed into law, the federal and State governments made efforts in encouraging parental responsibility and held the expectation a parent should provide for their child. Notably, the federal and State governments, have been involved in the child support process for over 160 years. Interestingly, the current laws have an English influence.
Following is a timeline presenting government participation before the enactment of Title IV-D of the Social Security Act:
EnglishInfluence |
The basis of child support is derived from “The Elizabethan Poor Law of 1601 authorized local parishes to recover the money they spent in aiding single mothers and children from a nonsupporting father. But this statute was triggered only when the family involved was absolutely destitute; it therefore provided no assistance to single mothers left economically vulnerable after a divorce or separation. Also, the Elizabethan Poor Law only allowed towns to recoup their relief costs. It allowed no recovery for third parties or for single mothers who needed to be reimbursed for child support expenses.” |
1858 |
Van Valkinburgh, the New York court stated: “A parent is under a natural obligation to furnish necessaries for his infant children; and if the parent neglect that duty, any other person who supplies such necessaries is deemed to have conferred a benefit on the delinquent parent, for which the law raises an implied promise to pay on the part of the parent.” |
1875 |
“Mrs. Campbell obtained a divorce from Mr. Campbell, won the custody of their only child, and secured a child support order of one dollar per week and alimony of one hundred dollars per year from Mr. Campbell.” |
1884 |
“[A] wife who is without means and without fault may pledge her husband’s credit for necessaries for children who are in her custody through his fault or his consent, but not if she is in fault, or holds the children without fault on his part and against his wishes.” David Stewart
|
1896 |
“Eleven states had made it a penal offense for a father to abandon or refuse to support his minor children.” Retrieved from digital commons.law.yale.edu
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1898 |
The United States government made attempts to encourage parental responsibility presenting guidelines to enforce ‘child support’ for ‘absent’ parents. |
1910 |
Uniform Desertion and Nonsupport Act “In 1910 the Commissioners on Uniform State Laws proposed the Uniform Desertion and Nonsupport Act (1910 Act) which created a criminal action against fathers who deserted or willfully refused to support their children under sixteen. The 1910 Act failed as an enforcement mechanism because prosecutors were reluctant to charge nonsupporting fathers with a crime which could result in a jail sentence and loss of employment. The 1910 Act contained no interstate enforcement provisions.” |
1912 |
1912 (P.L. 62-116) An act To establish in the Department of Commerce and Labor a bureau to be known as the Children’s Bureau. April 9, 1912 79. “Congress created the federal Children’s Bureau requiring it to “investigate and report. . . upon all matters pertaining to the welfare of children and child life among all classes of our people.” “The Children’s Bureau was instrumental in a number of early twentieth century reforms aimed at reducing infant mortality and ending child labor.” |
1935 |
Social Security Act (P.L. 74-271), enacted in 1935. “The first part of the 1930s the leaders of the Children’s Bureau were instrumental in helping to shape several titles of the original Social Security Act (P.L. 74-271), enacted in 1935. Among these were the provisions related to Child Welfare Services (originally authorized in Title V, Part 3 of the Social Security Act, but moved to Title IV-B by the Social Security Amendments of 1967, P.L. 90-248). Specifically the 1935 act authorized $1.5 million in funds, annually (and on an indefinite basis), “for the purpose of enabling the United States, through the Children’s Bureau, to cooperate with State public welfare agencies in establishing, extending, and strengthening, especially in predominantly rural areas, public [child] welfare services . . . for the protection and care of homeless, dependent, and neglected children, and children in danger of becoming delinquent.” All cooperating states received a base allotment of funds ($10,000), with remaining funds distributed based on each state’s relative share of the rural population.” |
1950 |
The first Federal child support enforcement legislation was Public Law 81–734, “The Social Security Act Amendments of 1950, which added section 402(a)(11) to the Social Security Act (42 USC 602(a)(11)). The legislation required State welfare agencies to notify appropriate law enforcement officials upon providing Aid to Families with Dependent Children (AFDC) to a child who was abandoned or deserted by a parent. Also that year, the National Conference of Commissioners on Uniform State Laws and the American Bar Association approved the Uniform Reciprocal Enforcement of Support Act (URESA; subsequent amendments to this act were approved in 1952, 1958, and 1968).” |
1965 |
Public Law 89–97, “the Social Security Amendments of 1965, allowed a State or local welfare agency to obtain from the Secretary of Health, Education, and Welfare the address and place of employment of an absent parent who owed child support under a court order for support.” |
1967 |
Social Security Amendments of 1967. Signed January 2, 1968.“The Social Security Amendments of 1967 (P.L. 90-248) (enacted January 1968) required every state to provide foster care assistance as a part of its AFDC program. The law also permitted eligibility for federal foster care assistance if a child would have been eligible for AFDC in the month removal proceedings occurred had someone applied for those benefits or, if the child was living with a relative for no more than 6 months after leaving the home that was found “contrary to the welfare” of the child and would have been eligible for benefits. (Previously a child must have actually been receiving benefits before removal to be eligible for federal foster care assistance.)” |
The timeline reveals how the federal and state governments were involved with child support collections.
Coming next:
Timeline for Title IV-D of the Social Security Act from 1974-1978
For more info on the Child Support Enforcement program, check out:
#1: Overview
Interpreting Title IV-D Funding Incentive Formula: Overview
https://sharedparentinginfo.com/2019/01/27/interpreting-title-iv-d-funding-incentive-formula/