H.R.4570 - Child Support Responsibility Act of 1994103rd Congress (1993-1994)
Summary: H.R.4570 — 103rd Congress (1993-1994)
Introduced in House (06/13/1994)
TABLE OF CONTENTS:
Title I: Locate and Case Tracking
Title II: Establishment
Title III: Parentage
Title IV: Enforcement
Title V: Collection and Distribution
Title VI: Federal Role
Title VII: State Role
Child Support Responsibility Act of 1994 - Title I: Locate and Case Tracking - Directs the Secretary of Health and Human Services (the Secretary) to establish a Federal registry of child support orders or modifications issued by any State court or administrative order or both. Provides for State access to such registry.
(Sec. 102)Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to include among the functions of the Federal Parent Locator System: (1) establishing parentage; and (2) establishing, modifying, enforcing child support obligations. Directs the Secretary of the Treasury to provide prompt access to the Secretary of all Federal income tax returns filed by individuals. Instructs the Secretary to expand the Parent Locator Service to establish a national network based on the comprehensive statewide child support enforcement systems to expand State access to the national parent locator network.
(Sec. 103) Directs the Secretary of the Treasury to establish a national reporting system on employees and their child support obligations through the mandatory inclusion of certain child support information on W-4 forms (including the availability of health care insurance).
(Sec. 104) Requires State plans for child and spousal support to have in effect statutory mechanisms which: (1) establish a child support order registry to transmit abstracts of State child support orders to the Federal Registry and distribute child support proceeds withheld from a delinquent parent's wages; and (2) allow an individual to bring an action against an employer or State official for noncompliance with this Act.
Prescribes parameters for direct wage withholding, State agency access to various data bases, and expanded interaction with the National Parent Locator Network.
(Sec. 105) Amends the Internal Revenue Code to integrate child support obligations and payments within the structure of income tax returns, including: (1) assessment and collection of child support arrearages; and (2) payment to State registries of child support amounts collected by the Secretary of the Treasury.
Title II: Establishment - Amends part D of SSA title IV (Child Support and Establishment of Paternity) to set forth procedural guidelines for service of process on Federal employees and members of the armed services in connection with proceedings relating to child support and parentage obligations.
(Sec. 204) Establishes the National Child Support Guidelines Commission to: (1) study and report to the Congress on the advisability of a national child support guideline; (2) develop such a guideline, if advisable.
(Sec. 205) Includes among the requisite components of approved State plans: (1) a specified duration of child support; (2) electronic transmittal of State documents; (3) telephonic appearance in interstate cases; (4) uniform terms in child support orders; (5) social security numbers on marriage licenses, divorce decrees, parentage decrees, and birth certificates; (6) administrative subpoena powers; (7) State-conducted surveys and outreach programs for underserved populations; and (8) State guidelines for child health care insurance.
(Sec. 213) Amends the Federal judicial code to set forth rules governing modification of sister State child support orders.
Title III: Parentage - Requires approved State plans to include prescribed procedures for paternity acknowledgment.
Title IV: Enforcement - Requires approved State plans to include prescribed procedures for garnishment of wages for parents in arrears for child support, including: (1) Federal death benefits; (2) black lung benefits; (3) veterans benefits, and (4) workers' compensation.
(Sec. 404) Amends the Consumer Credit Protection Act to provide that: (1) its garnishment restrictions neither pre-empt State law, nor exempt any person from complying with State or Federal laws permitting garnishment for the purpose of securing child support; and (2) a garnishment intended to satisfy a child support debt takes priority over competing debts owed to the Federal government. (Sec. 405) Mandates that approved State plans include procedures to satisfy child support arrearages which: (1) prohibit a State court from applying the doctrine of election of remedies to prevent a custodial parent from collecting child support from the noncustodial parent; (2) prohibit State and Federal occupational licensing or regulating agencies from issuing or renewing occupational, professional or business licenses to individuals who fail to appear or are delinquent in child support cases; (3) prohibit State motor vehicle departments from issuing or renewing a driver's license or vehicle registration to such individuals; (4) require placement of child support liens on certificates of vehicle title; (5) permit attachment of bank accounts; (6) impose liens upon lottery winnings, insurance, court and other settlements; (7) presume fraudulent intent in any property transfer; (8) permit attachment of public and private retirement plans; (9) eliminate statutes of limitations in child support cases; and (10) require child support enforcement agencies to assess and collect interest on child support judgments.
(Sec. 418) Amends Federal bankruptcy law to: (1) except from its automatic stay provisions proceedings establishing parentage and debts for child support; (2) require a bankruptcy plan to provide for full payment when due of debts for child support; (3) declare that a debt for child support includes State public debts and assigned child support based on provision of expenditures with respect to aid to families with dependent children (AFDC) and foster care and adoption assistance; (4) include among prioritized claims allowed unsecured claims for child support; (5) preclude a debtor from avoiding the fixing of judicial liens for child support; (6) except from discharge a debt pursuant to divorce or separation; and (7) prohibit trustee avoidance of a transfer that was a bona fide payment of a debt for child support.
(Sec. 419) Prescribes procedural mandates for the Secretary of Defense to cooperate with the States in the enforcement of child support obligations of members and former members of the Armed Forces.
(Sec. 420) Requires each State to have in effect laws which adopt the officially approved version of the Uniform Interstate Family Support Act.
(Sec. 421) Authorizes the Secretary of State to deny or restrict passport privileges to child support debtors subject to State arrest warrants. Denies Federal benefits, loans, guarantees, and employment to debtors with child support arrearages exceeding specified amounts.
(Sec. 423) Amends part D of SSA title IV (Child Support and Establishment of Paternity) to mandate that approved State plans include procedures to satisfy child support arrearages by permitting State courts to order: (1) assignments of life insurance benefits; and (2) assignment of an interest in jointly held property.
(Sec. 425) Expresses the sense of the Congress that the U.S. should ratify the United Nations Convention of 1956.
Mandates that the States treat international child support cases in the same manner as interstate child support cases.
(Sec. 426) Prescribes guidelines for shielding depository institutions from liability for providing financial records to State enforcement agencies in child support cases.
(Sec. 427) Mandates that approved State plans include procedures to ensure: (1) cost-of-living adjustments in child support orders; (2) annual exchange of financial information by parties to a child support order; and (3) criminal penalties for failure to pay child support and the granting of use immunity may be granted to compel testimony in specified civil child support proceedings.
Title V: Collection and Distribution - Prescribes priorities in the distribution of collected child support pursuant to an approved State plan. Directs the Comptroller General to report to the Congress on studies and pilot projects of systems under which States would be required to pay child support to the individuals to whom it is owed before making reimbursements to any State for AFDC provided with respect to such child.
(Sec. 502) Mandates that approved State plans include procedures which limit State claims against the noncustodial parent to the assistance provided to the child.
(Sec. 503) Revises the fee guidelines for State child support collection and paternity determination services.
Title VI: Federal Role - Directs the Secretary to establish the Office of Child Support Enforcement under the direction of an Assistant Secretary. Expands the training programs for State child support enforcement programs.
(Sec. 604) Directs the Secretary to develop the methodology for determining each State child support and paternity establishment program's staffing requirements.
(Sec. 605) Amends the Employee Retirement Income Security Act of 1974 to revise the definition of "medical child support order".
(Sec. 606) Instructs the Secretary to: (1) contract for a study of the audit process of the Office of Child Support Enforcement; and (2) make grants to the States for demonstration projects implementing a system of assured minimum child support payments. Authorizes appropriations.
(Sec. 608) Amends the Internal Revenue Code to create the Children's Trust Fund for making expenditures to implement this Act.
(Sec. 609) Instructs the Comptroller General to study and report to the Congress on: (1) the causes for nonpayment of child support; and (2) the efficacy of processing child support and parentage cases in States that use administrative processes as compared to those that use judicial or quasi-judicial processes.
(Sec. 611) Directs the Office of Child Support Enforcement to: (1) produce and update a certain compendium entitled "A Guide to State Child Support and Paternity Laws" and (2) establish a permanent advisory committee on child support matters.
Title VII: State Role - Mandates that State plans for child and spousal support include: (1) agency advocacy promoting the greatest economic security possible for children; (2) certain information on plan services for dissemination to each custodial parent; (3) an administrative procedure as the sole procedure for change of payee; and (4) conflict-of-interest restrictions upon State modification of a child support order.
(Sec. 705) Provides for increased payments to States under the Child Support and Establishment of Paternity program, repealing provisions for State incentive payments.