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Child Support Enforcement and Visitation: Should There be a Federal Connection? (CRS Report for Congress)

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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.