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OCSE 18th Annual Report Chapter 3
3. Federal Program Support
Capacity Building Initiatives
183 AMERICAN BAR ASSOCIATION (ABA) CHILD SUPPORT PROJECT
OCSE's contract with the ABA Child Support Project continued in 1993
to serve as a link to the legal community nationwide, including court
personnel, through technical assistance, training, and articles and
publications. The Project conducted 10 one-day interstate case
processing courses for court personnel; provided six continuing legal
education programs for the private bar; and sent speakers to seven
national and State CSE conferences. Project personnel chaired OCSE's
work group to revise the mandatory Federal interstate forms; the
project co-sponsored with OCSE the Third National Child Support
Enforcement Training Workshop; and through its clearinghouse, it
provided technical assistance to public and private attorneys, judges,
other child support personnel, parents, and legislative staff on child
support legal issues.
In addition, the ABA Child Support Project published a quarterly
newsletter, "The Child Support Prosecutors Bulletin", as well as a
paper entitled "A Summary of the Differences between the Revised
Uniform Reciprocal Enforcement of Support Act and the Uniform
Interstate Family Support Act".
183 MONITORING OF STATE INITIATIVES
Throughout the year, OCSE has been monitoring State legislative
activity and implementation of W-4/employer reporting of new hires, a
relatively recent innovation described in Chapter 2. W-4 reporting
allows CSE agencies to quickly obtain information about changes in the
obligor's income and employment and can minimize the likelihood of
delays in child support payments when the noncustodial parent changes
employers.
Thirteen States had enacted new hire reporting programs by the end of
FY 1993.
As discussed earlier, many States are restricting or revoking the
licenses of people with child support arrearages.
By the end of FY 1993, 15 States had enacted legislation to revoke or
impose restriction on a wide range of licenses issued by States. Some
of the licenses affected include driver's licenses (individual and/or
commercial), vehicle registration, professional licenses (medical,
legal, real estate, etc.), commercial business licenses, trade
licenses (plumbers, electricians, beauticians, etc.) and sporting
licenses (hunting, fishing, gun ownerships, etc.).
OCSE maintains a State-by-State matrix on the status of State
revocation legislation, the license affected, the "trigger criteria",
the match process and the interim penalty provisions. Status reports
were mailed to all States and an article on the initiative appeared in
the Child Support Report.
183 PROMOTION OF ELECTRONIC FUNDS TRANSFER (EFT) AND ELECTRONIC DATA
INTERCHANGE (EDI)
Pilot projects sponsored by OCSE in Iowa and Nebraska tested the use
of EFT/EDI technology for transmitting wage withholding payments. They
showed that EFT/EDI can eliminate the preparation and transmission of
checks by employers, eliminate manual posting and deposit of checks by
the CSE agencies and, due to the speed of electronic transmission,
reduce mail time to less than two days.
As a result of these efforts, OCSE is actively promoting the use of
EFT/EDI by employers and CSE agencies. OCSE established a work group
comprised of employers, CSE agency personnel, and personnel from
financial institutions and the payroll industry to develop a standard
EFT/EDI format. Once approved by the National Automated Clearing House
Association (NACHA) and the American Banker's Association EDI Council,
the EFT/EDI format was sent to State CSE directors in early summer,
1993. In addition, OCSE is developing a standard income withholding
form which incorporates the EFT/EDI elements. OCSE is working with
NACHA, payroll associations, and bankers' groups to obtain their
cooperation in promoting this technology.
183 IN-HOSPITAL PATERNITY ESTABLISHMENT WORK GROUP
As required by the Omnibus Budget Reconciliation Act of 1993, States
must establish hospital-based programs for the voluntary
acknowledgment of paternity around the time of the child's birth. To
assist States, OCSE planned and conducted a work group meeting of
representatives from 5 States (West Virginia, Washington, Michigan,
Virginia, and Ohio) to discuss and learn from their experience as
pioneers in the implementation of in-hospital paternity establishment
programs.
The meeting yielded an array of legislative, programmatic, and policy
issues that should be considered by States when designing an
in-hospital program. The information obtained from this meeting was
documented and distributed to State CSE agencies to assist them in
their implementation efforts.
183 PRO SE PROJECT IN SOUTH CAROLINA
OCSE and the State Justice Institute (SJI) jointly funded a "Pro Se
Modification of Child Support Awards Through the Courts" demonstration
project in South Carolina. The purpose of the project, which is
directed by the American Bar Association, is to determine how well pro
se (self-representation in court) works for the review and adjustment
of child support orders.
The South Carolina project is developing simplified forms and
procedures for parents not represented by counsel to update their
support orders without creating undue burdens on the courts. The
project will also look at the impact of pro se procedures on the
courts and litigants' satisfaction with the procedures as a fair,
effective and cost-efficient way of updating their orders. All of the
materials developed and information learned from this project will be
shared with other States to assist them in implementing pro se
procedures.
183 PHILADELPHIA PERFORMANCE ENHANCEMENT PROGRAM (PPEP)
OCSE staff conducted a program improvement project in the Domestic
Relations Branch (DRB) of the Philadelphia Family Court to identify
ways to improve the efficiency and effectiveness of the CSE program in
Philadelphia. The cornerstone of this program review project was to
involve a number of core DRB staff and train them in management
analysis techniques through both formal instruction and demonstration.
The intention was to provide local office personnel with the skills to
continue the process of self-analysis and improvement.
The team examined organizational structure, staffing, work flow, case
processing and management procedures to determine their impact on the
office. The team went on to identify opportunities for improvement and
formulate recommendations. As a result of this project, the DRB has
initiated a long-term quality improvement effort to enhance the
delivery of CSE services in Philadelphia. Based on improvements
recommended in the report, the locate unit has experienced a 34
percent increase in the number of noncustodial parents located.
Federal Collection Programs
183 FEDERAL INCOME TAX REFUND OFFSET
OCSE acts as an intermediary between the States and the Internal
Revenue Service (IRS) in the operation of the Federal income tax
refund offset program for the collection of past-due child support.
Federal income tax refund offset is the second most effective
collection method resulting in nationwide collections of over $609
million in 1993. $442 million was offset on behalf of families
receiving public assistance and $167 million was offset on behalf of
non-AFDC families. Actual distributed collections from this technique
are lower, reflecting delays in distribution and refunds IRS makes to
certain parents or their spouses under post-offset procedures.
Total collections for 1993 from Federal income tax refund offsets
decreased 3.8 percent from $632 million collected in 1992. The
decrease is attributable to the decrease in withholdings at the
beginning of the tax year, which reduced the amount of money available
for offset. The IRS charged a fee of $5.19 per offset for 1993 to
administer the program.
Since the beginning of the offset program in 1982, total collections
amount to $4.5 billion, representing nearly 8.9 million offsets. These
figures demonstrate the magnitude of the success of this program.
183 IRS FULL COLLECTION PROCESS
When States' attempts to recover delinquent child support have failed,
the law provides State CSE agencies with a collection mechanism
referred to as the full collection process. This mechanism is used
only when there is a good chance that the IRS can make a collection
and only for cases in which a child support obligation is delinquent
and the amount certified is at least $750.
Historically, the IRS full collection process has been used sparingly.
OCSE and IRS are now conducting a full collection pilot project to
assess how to improve this process. In September 1993, OCSE submitted
698 full collection cases to the IRS representing over $14 million in
arrearages. Twelve States are participating in the pilot project:
Arkansas, California, Delaware, Massachusetts, Michigan, Missouri, New
York, Tennessee, Texas, Utah, Virginia and Washington. Collections
will be monitored and recommendations for improvement of the current
process will be developed during FY 1994.
The current full collection process is operating simultaneously with
the pilot project. In FY 1992, 30 new full collections cases were
certified and 409 collections were made totaling $293,420. In FY 1993,
20 new cases were certified and 327 collections were made totaling
$160,000.
The FPLS and Other Federal Systems
183 FEDERAL PARENT LOCATOR SERVICE (FPLS)
The FPLS is a computerized national location network operated by OCSE
to provide social security numbers, address information, and employer
and wage information to State and local CSE agencies which assists
them in locating noncustodial parents to establish or enforce a child
support order. The Parental Kidnapping Prevention Act of 1980
broadened the use of the FPLS to include providing information in
parental kidnapping and child custody cases.
The FPLS receives information from the Social Security Administration,
Internal Revenue Service, National Personnel Records Center,
Department of Defense, Department of Veterans Affairs, Selective
Service System, and State Employment Security Agencies. The
information the FPLS receives is the most current information
available from these agencies. During FY 1992 and 1993, the FPLS
processed nearly four million requests for information from State and
local CSE agencies.
183 FPLS/STATE EMPLOYMENT SECURITY AGENCIES (SESA) CROSSMATCHES
The FPLS obtains employer addresses, wage and unemployment
compensation data from the SESAs. This information is extremely useful
in assisting CSE agencies to process interstate cases where the
custodial parent and children reside in one State and the noncustodial
parent lives or works in another State. The data from the SESAs are
the most current data available; the employment data are updated
quarterly, and the unemployment data are updated continually.
The FPLS began quarterly crossmatches with the SESAs in 1990. However,
the number of cases processed was limited to 200,000 a quarter, a
fraction of the approximately 4 million cases that could benefit from
this crossmatch. Since the SESA information is the most current data
available and proved to be valuable in helping CSE agencies locate
noncustodial parents, OCSE negotiated with the SESAs to expand the
frequency of the crossmatches and eliminate the restriction on the
number of cases submitted. Beginning in FY 1993, the frequency of the
SESA crossmatches was expanded from quarterly to monthly; and the case
limit was eliminated to accommodate processing all of the cases
submitted by the CSE agencies. In FY 1993, approximately 2.2 million
cases were processed with the SESAs.
183 PROJECT 1099
In October 1984, OCSE began participating in Project 1099 which
provided all earned and unearned income information reported to IRS by
employers and financial institutions. In 1988, the project was
expanded to include wage and employer information. Project 1099
information can facilitate States' efforts to locate income and asset
sources of self-employed and nonwage earning obligors, as well as to
locate additional nonwage income and assets of regular wage earning
obligors. Such information is useful in determining the noncustodial
parent's ability to pay; reviewing and modifying child support orders;
and/or levying financial accounts, real or personal property to pay
delinquent child support.
In FY 1992, over 4.2 million cases were submitted to Project 1099;
nearly 3.2 million were matched resulting in a 75 percent match rate.
For FY 1993, the match rate was equally successful with nearly 4.3
million cases submitted to Project 1099 and over 3.2 million cases
matched, a rate of 76 percent. States have begun using this
information on a large scale to verify employment and wages and
identify other assets. For example, New York plans to use a one-step
process to attach accounts from various sources which will allow them
to verify the account and levy and freeze it. States are encouraged to
utilize the Project 1099 information to the maximum extent possible.
183 ENUMERATION VERIFICATION SYSTEM (EVS)
The EVS is a multi-purpose social security number (SSN) verification
system. While States may use the FPLS to identify SSNs for
noncustodial parents, the EVS verifies and corrects SSNs and
identifies multiple SSNs.
The EVS is comprised of two systems. The first system provides a State
with multiple SSNs for an individual who has been legally issued more
than one SSN. The second system provides a corrected SSN in cases
where the State has made a transposition or slight error in the SSN
that they already have for an individual. Submittal of these cases to
EVS can help ensure the accuracy of SSNs for use in location,
enforcement, and collection of child support. States may continuously
submit cases for the EVS to verify and/or correct SSNs. In FY 1993,
3.3 million SSNs were submitted to EVS; nearly 186,000 SSNs were
corrected and over 13,700 multiple SSNs were identified. These
verified and corrected SSNs represent a significant potential increase
in collections.
The EVS system has also been expanded to verify SSNs for the Federal
Income Tax Refund Offset Program. Each year a significant number of
no-match cases fall out of the offset program because of invalid SSNs;
these SSNs were processed through EVS. In FY 1993, over 330,000 tax
refund offset cases were submitted through the EVS system and over
70,000 cases were returned with corrected SSNs. Based on the tax
refund offset rate of 28 percent of submitted cases with an average
offset of $658, if these corrected cases are resubmitted for a tax
refund offset the next processing year, there is a potential for
collecting almost $13 million in additional offsets.
National Training Center
In FY 1993, OCSE's National Training Center continued to operate an
information services and publications component, a training resources
library, and a speakers bureau. The Center also sponsored and
participated in training workshops and conferences and provided
oversight for contractual and in-house program initiatives.
183 INFORMATION SERVICES
The information services and publications component of the National
Training Center continued to respond to inquiries and requests for
technical and Child Support Enforcement program information. This
component routinely distributed publications, Action Transmittals, and
Information Memoranda to 5,000 State and county CSE agencies, and upon
request, to Federal personnel, members of Congress, State and county
governments, and the general public.
OCSE issued an updated list of the Center's publications which
resulted in over 4,400 requests for such materials. Since many
requests were for multiple copies of several publications, nearly
200,000 copies of publications were distributed during the year.
The National Training Center continued to promote its services and
publications through articles in the Child Support Report, and, as a
result, was frequently responsible for providing assistance in the
selection of materials for requestors' own constituents and conference
agendas.
183 TRAINING AND CONFERENCES
Third National Child Support Enforcement Training Workshop - OCSE
co-sponsored with the American Bar Association the Third National
Child Support Enforcement Training Workshop. Approximately 180 State
and local CSE trainers from 40 States attended the workshop which
focused on interstate case processing, review and modification, and
Federal CSE initiatives. A primary objective was to give participants
an introduction to and understanding of the new Uniform Interstate
Family Support Act (UIFSA).
Training of Trainers Workshop - OCSE conducted a Training of Trainers
(TOT) Workshop for 22 State CSE trainers from 5 States, which provided
training in curriculum design, delivery, and evaluation. The TOT
courses achieve a significant multiplier effect, since those trained
return to their home jurisdictions with the specific task of educating
other program staff.
Association Conferences - Training Center staff made presentations at
the annual conferences of the American Payroll Association (concerning
electronic funds transfer of State child support collections and
mandatory income withholding), the National Child Support Enforcement
Association, the Eastern Regional Interstate Child Support Association
as well as numerous State training conferences.
Public Awareness
In FY 1993 OCSE continued to extend its outreach efforts to parents
who need child support services, with special emphasis on Federal
government employees.
With the cooperation of the Office of Personnel Management (OPM), OCSE
conducted outreach seminars at several Federal departments and
agencies in the Washington metropolitan area: the Departments of
Justice, Housing and Urban Development, Transportation, and Veterans
Affairs; the National Labor Relations Board; and the Social Security
Administration. Employees in attendance were given an overview of the
child support program and helpful printed material.
In addition, during the fiscal year, OCSE made a training video aimed
at Federal workers outside of the Washington metropolitan area. The
video was distributed to OPM Employee Assistance Program
representatives across the nation for showing to Federal employees in
their areas.
OCSE also initiated a mentor program, offering assistance to
individual employees in its parent Administration for Children and
Families who needed help with their own child support enforcement
cases.
Public inquiries to OCSE increased substantially in the last year.
OCSE received 4,500 written inquiries in FY 1993, three times the
number received in FY 1992.
In addition OCSE:
183 Worked with the news media on stories dealing with child support
program performance and program improvements.
183 Prepared a handbook on State best public awareness practices.
183 Reprinted our popular Handbook on Child Support Enforcement, a
"how to" guide for custodial parents. The number of copies in
circulation exceeds a million.
183 Reprinted the publication, Wage Withholding for Child Support: An
Employer's Guide, another commonly requested publication.
Publications
The following is a list of publications written and/or widely
distributed by OCSE in FY 1993.
183 "Directory for Genetic Testing: Third Edition"--a reference guide
to assist States in identifying laboratories that perform legally
and medically acceptable genetic tests to determine parentage.
183 "Genetic Testing for Paternity Establishment"--a monograph and
training tool to provide front line CSE caseworkers and other
interested persons a short, nontechnical introduction to the
science of genetic testing as it applies to establishing
paternity in child support cases.
183 "State Advancements in Paternity Establishment: Legislative,
Gubernatorial, and Program Initiatives"--a monograph for sharing
information, ideas, and approaches currently being implemented
and/or tested by States in establishing paternity.
183 "Essentials for Attorneys in Child Support Enforcement: Second
Edition"--a legal reference manual for program attorneys to help
them understand the various legal concepts in child support
enforcement and to aid them in their legal research.
183 "Child Support Report (CSR)"--a newsletter with a distribution of
15,000 nationally that highlights best practices and other child
support enforcement topics for the support enforcement community
across the country.
183 "Compendium of State Best Practices in Child Support"--a
compendium of best practices in support order establishment and
enforcement to facilitate the sharing of ideas on successful
program practices which States view as exceptionally effective or
innovative.
183 "Information Materials on In-Hospital Paternity Establishment"--a
compendium of informational materials to assist States in
developing in-hospital programs as required by the Omnibus Budget
Reconciliation Act of 1993.
183 "For Your Child's Sake...Establish Paternity"--a brochure on
paternity which complements the outreach efforts of State and
local CSE agencies and encourages dissemination of information on
paternity establishment and CSE services via the medical
profession.
Federal Financing of the Program
183 FEDERAL MATCHING FUNDS
Except as noted below, the Federal Government matches 66 percent of
costs incurred by States in the administration of the program. It
matches 90 percent of the laboratory costs of establishing paternity
and, through September 30, 1995, 90 percent of the costs of developing
comprehensive Statewide automated management information systems.
183 STATE PERFORMANCE INCENTIVES
To encourage States to operate effective programs, the Federal
Government pays States an incentive amount ranging from 6 to 10
percent of AFDC and non-AFDC collections. These incentive payments
must be shared with political subdivisions that contribute to the
costs of operating the program, taking into account their efficiency
and effectiveness.
183 NET FEDERAL COST
Overall, for every one dollar spent on the Child Support Enforcement
program, four dollars of support was collected in FY 1993. However,
because of the statutory configuration for financing the program and
distributing collections as well as other factors, Federal
expenditures are not offset by the Federal portion of collections, and
there is a net program cost to the Federal Government. Without
accounting for cost avoidance, Federal expenditures exceeded revenues
by $740 million in FY 1993.
183 DISTRIBUTED COLLECTIONS
Collections are distributed among the Federal and State governments
and families in AFDC cases, and to families in non-AFDC cases. AFDC
families receive up to the first $50 of current support collected on
their behalf each month. States retain up to 50 percent of
AFDC-related support monies collected to offset the State costs of
AFDC. The actual rate retained is based on the State's Federal
matching rate for AFDC assistance payments. The Federal portion of
collections in AFDC cases is used to pay States incentives and to
offset Federal AFDC costs. In FY 1993, 12 percent of AFDC assistance
payments were recouped through child support collections.
183 COST AVOIDANCE
The Child Support Enforcement program produces indirect taxpayer
benefits through cost avoidance.
Cost avoidance refers to savings in public assistance programs (i.e.,
AFDC, Food Stamps or Medicaid), in which benefits are either reduced
or not paid as a result of the receipt of child support. For example,
services are provided to non-AFDC families who, without income from
child support, might be forced to turn to public assistance.
Similarly, sufficient support is collected on behalf of some AFDC
families to eliminate their dependence on welfare and related
assistance programs. We do not have current estimates of cost
avoidance savings as it is difficult to determine for a variety of
reasons how much might have been spent on various assistance programs
had it not been for child support income.
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