Child Support Enforcement and Visitation: Should There be a Federal Connection? (CRS Report for Congress)
Release Date |
June 20, 2000 |
Report Number |
97-590 |
Authors |
Carmen D. Solomon-Fears, Education and Public Welfare Division |
Source Agency |
Congressional Research Service |
Summary:
From time to time, the issue arises of whether the federal Child Support Enforcement (CSE)
program
should be actively involved in enforcing visitation rights. Both federal and state policymakers agree
that denial of visitation rights should not be considered a reason for stopping child support payments.
Historically, Congress has treated visitation and child support as legally separate issues, with only
child support enforcement activities under the purview of the federal government. However, Census
Bureau data (1995) show that noncustodial parents are more likely to make payments of child
support if they have either joint custody or visitation rights. In recent years, Congress has moderated
its position against using federal CSE funds to promote enforcement of visitation rights. In 1988,
it authorized CSE funding for child access demonstration projects in six states, and in 1996 it (1)
permitted the Federal Parent Locator Service, which is under the direction of the Administrator of
the federal Office of Child Support Enforcement, to provide information on the location of custodial
parents and children to noncustodial parents and (2) authorized an annual $10 million entitlement
of CSE funds to states to establish and operate access and visitation programs. Some view these
recent steps as too intrusive on state and domestic court authority, while others contend they are long
overdue and do not go far enough.