{
  "id": "R44077",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R44077",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 442227,
      "date": "2015-06-17",
      "retrieved": "2016-04-06T18:55:59.642756",
      "title": "Modification of Child Support Orders: Background, Policy, and Concerns",
      "summary": "Child support orders are almost always expressed in fixed dollar amounts, and over time the needs of the child and the financial circumstances of one or both parents may change. However, without periodic modifications, child support obligations can become inadequate and/or inequitable or may not correspond to the noncustodial parent\u2019s income and/or ability to pay.\nUnder current law (pursuant to P.L. 109-171, the Deficit Reduction Act of 2005), states are required to review and, if appropriate, adjust child support orders at least once every three years in cases in which the family is receiving Temporary Assistance for Needy Families (TANF) benefits. In the case of a non-TANF family, one of the parents has to request a review within the three-year time frame for a review and modification to occur. If a request for review and modification is made outside the three-year cycle, the requesting party must demonstrate that there was a substantial change in circumstances. Child support modifications must be in accordance with a state\u2019s child support guidelines. The rationale behind review and modification of child support orders is to ensure that these orders are equitable, sufficient, and commensurate with a parent\u2019s income and/or ability to pay. \nWhen child support modification policies and procedures are not effective, child support debt increases. In FY2014, $114.8 billion in child support arrearages (i.e., past-due child support\u2014the amount of child support that remains unpaid) was owed to families receiving Child Support Enforcement (CSE) services, but less than 7% ($7.6 billion) of those arrearages was actually paid. Child support debt, in the aggregate, negatively impacts children, custodial parents, and noncustodial parents, and it forces states to expend greater resources on collection and enforcement efforts.\nLarge child support arrearages result in millions of children receiving less than they are owed in child support, reduced cost-effectiveness of the CSE program, and a perception that the CSE program does not consider the financial situation of low-income noncustodial parents, many of whom may be in dire economic situations. Child support arrearages often (1) hinder the noncustodial parent\u2019s ability to make regular child support payments in full and on time; (2) become a source of uncollectible debt; (3) cause added friction in the relationship with the child\u2019s other parent, which may negatively impact the noncustodial parent-child relationship; and (4) block work opportunities for noncustodial parents because past-due child support obligations are reported to credit reporting agencies, which provide the information, upon request, to employers.\nAlthough many custodial parents agree to a certain extent that some noncustodial parents are \u201cdead broke\u201d rather than \u201cdeadbeats,\u201d they contend that the states and the federal government need to proceed with caution in lowering child support orders for low-income noncustodial parents. They argue that child support is a source of income that could mean the difference between poverty and self-sufficiency for some families. These custodial parents emphasize that lowering the child support order is likely to result in lower income for the child and argue that even if a noncustodial parent is in dire financial straits, he or she should not be totally released from financial responsibility for his or her children.\nThere is widespread agreement that preventing the buildup of unpaid child support through early intervention rather than traditional enforcement methods is essential to the future success of the CSE program. Other public policy concerns include examining whether garnishment limits are too high; deciding whether incorporating work-oriented services into the basic CSE program would result in more consistent and timely child support payments; and providing equitable enhanced services and assistance to vulnerable noncustodial parents, regardless of whether they are in jail or prison, unemployed, underemployed, or injured or sick. Commentators maintain that addressing these concerns may help many low-income children.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": [
        {
          "source": "IBCList",
          "id": 2651,
          "name": "Child Well-Being"
        }
      ]
    }
  ],
  "topics": []
}