A group of my friends and myself are debating on whether or not child support is federal or state mandated. The group is pretty much split, with half saying it's federal and half saying it's state. But I say both, and they all think I'm full of it. What I mean by 'both' is that there is a National Child Support Enforcement System, and that, on the federal level, the Children and Families Administration of the Department of Health and Human Services provides a basic framework, so to speak, for federal legislation. HOWEVER, if the states do not wish to fully abide by all federal legislation, they don't have to [if it's only required in order to continue receiving funding]. Otherwise, yes, the states have to abide by the federal legislation. BUT, the states are free to pass their own legislation and create and enforce their own statutes and guidelines as long as they do not contradict the federal legislation [which is why many child support laws vary depending upon the state].
2007-11-01 04:39:18 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Who is correct? My friends who say that all child support laws are federal? My friends who say that all child support laws are state? Or am *I* correct?
2007-11-01 04:39:26 · update #1
You are the most correct. Legally child support is & always has been a state matter. However because of Federal funding of various state programs for dependant children and because of Federal interstate jurisdiction and Federal ability to trace parents & their income, the Federal government has gotten increasingly involved in enforcement of state child support awards.
2007-11-01 04:52:39 · answer #1 · answered by Anonymous · 8⤊ 0⤋
Child Support Enforcement is a federal mandate and has federal oversight by the Department of Human Services at the federal level. In 1976 the federal law was implemented requiring all states to have and offer a central child support service within each state. The feds reimburse essentially all the costs for administrating the individual states program. By 1998 the states were required under federal legislation to have operating a central computer system that would tie all the states together and essentially this would have a federal/national child support system. Most states met the mandate, California is the only state left that does not have a statewide system operating but should be up and operating in the next few years.
2016-05-26 21:44:28 · answer #2 · answered by ? 3 · 0⤊ 0⤋
As someone else mentioned, I am inclined to believe that you are arguing with a group of college students. What many college students fail to realize is that they are not taught all information concerning any given subject in one class or in one semester. Child support enforcement was initially a matter left to the states with no federal input or interference whatsoever. However, with the increasing number of dead beat parents and government assistance shooting through the roof, the federal government began to intervene and make certain requirements of the states. These requirements came in the form of federal legislation and requirements of the states to better (and more strictly) enforce their own laws. Anyone who claims that child support enforcement can be summed up as simply as it being completely a federal issue or completely a state issue doesn't have a total understanding of the law or of the history of child support enforcement.
2007-11-01 06:16:49 · answer #3 · answered by Anonymous · 2⤊ 0⤋
WHAT? Am I seeing things OR DID I JUST READ SOMEONE SAY THAT STATES CAN'T ALTER FEDERAL CHILD SUPPORT LAWS? That is so not relevant to the question. People who are saying the federal government "oversees" child support or rather has "stepped in" are right and it has nothing to do with altering federal child support laws. HOLY CRAP everyone with sense knows states can't alter federal laws but are free to CREATE THEIR OWN as long as they don't violate federal laws. I think someone needs to finish education first and answer questions later. The guy who said it was always a state issue until the federal government stepped in is the most correct on this issue.
2007-11-01 06:04:10 · answer #4 · answered by FRIED CHICKEN AND MAYONAISE 2 · 6⤊ 0⤋
According to my experience (not mine personally but rather my experience in trying to assist others with their child support issues), and according to everything I was taught regarding the subject (I have a degree in Criminal Justice, a degree in Police Science, and I've taken a few law classes.), you have a better understanding of child support laws in this country. What you've said is very short and simple but, nonetheless, accurate.
I feel your pain. I, too, have gotten into this very same debate with people and have never been able to get anyone to understand that child support legislation isn't all one way or the other (state or federal). Are your friends college students? Just curious. Some college students can be difficult to reason with, as they tend to assume that they've already acquired all available knowledge about a given subject. Often times, it's better to just give up and hope that they continue to learn.
2007-11-01 05:35:05 · answer #5 · answered by SINDY 7 · 5⤊ 0⤋
You are correct. Every state has its own laws regarding Child Support and the Federal government also has federal laws regarding Child Support.
www.acf.hhs.gov/programs/cse
That's the Federal website and if you do a government search for your state you will undoubtedly find a website for them too.
2007-11-01 04:56:38 · answer #6 · answered by Rebeckah 6 · 7⤊ 0⤋
State, up to the point that state law is not preempted by Federal law, so I guess you are both right.
In reality, states regulate the majority of aspects relating to child support, such as enforcing court orders and using their respective attorney general's office.
2007-11-01 04:42:19 · answer #7 · answered by Anonymous · 4⤊ 3⤋
Federal laws are intended as a guideline for state laws. In my state, the state laws are tougher on the issue than federal laws. The way I read your question, you are more correct (as it pertains to my situation).
2007-11-01 04:46:00 · answer #8 · answered by Steve H 4 · 3⤊ 4⤋
There is no federal law on child support, it is only regulated by the states.
2007-11-01 04:45:38 · answer #9 · answered by Anonymous · 2⤊ 5⤋
I am a lawyer and I can tell you that you are 100% correct.
2007-11-01 05:46:22 · answer #10 · answered by Anonymous · 4⤊ 0⤋