Fathering Magazine for fathers, dads, family


NOTICE: Most recent site content is not available to users of ad blockers.

Home
What's New
Beginners' Tour
True Stories
True Soap
Health

Topics
New Fathers
The Joy of Fathering
Importance of Fathers
Fathers & Sons
Fathers & Daughters
Single Fathers
Second Wives -
   Second Families
Gender & Fathers
Custody & Divorce
Father Custody
Child Support
Exposé
Cyber Bullying
Sex Bullies
Family Vacation
Father's Day
Mother's Day

Sections
Book Reviews
Fathering Poems
Interviews
Fathering Fiction
Cooking Recipes
Science Fair Project
US Constitution

News
Female Offenders
Juvenile Offenders

Child Health
New Baby
Premature
Circumcision
Intersex
Signs of Puberty
Car Hazards
Child Obesity
Teen Smoking
Teen Drinking
ADD/ADHD
PCOS
Autism

Men's Health
Hair Loss
Muse ED Review
Vasectomy
Micturition
Restoration

Columns
Stephen Baskerville
Michael Childers
Kirk Daulerio
John Gill
Paul Goetz
Sam Harper
Jim Loose
Mark Phillips
Fred Reed
Carey Roberts
Glenn Sacks
Clyde Verner
Archie Wortham

Exposé
Child Support Policy
Child Support Math
Commercial Justice
Abuse Hysteria
Missing Child Money
Gender Equality?

Legal Disclaimer





Except where otherwise indicated, the contents of this page are copyright
© 1995 - 2017 FatherMag.com
All rights reserved.

Home > Child Support > Article

Executive Order Concerning Child Support Collection


           Men's HOTLINE : 512-472-3237 : <men@menhotline.org>
                 ------- A crisis line for men -------
             807 Brazos, Suite 315 : Austin, Texas  78701
        A service of the Men's Health Network : Washington, D.C.

---------- Forwarded message ----------
Date: Mon, 30 Sep 1996 22:29:55 -0500 (CDT)
From: Men's HOTLINE, <men@menhotline.org>
To: Men's Issues Distribution List, <men@menhotline.org>
Subject: Executive Order Concerning Child Support Collection

Note that there is no mention of sanctions against Title IV-D agencies that do not follow federal mandates.

Many, perhaps most, obligors who are behind in child support payments are behind because Title IV-D agencies refuse to obey the 1988 Family Support Act and modify child support for obligors who have lost their job or are making less money than they were when the child support obligation was set.

---------- Forwarded message ---------- Date: Mon, 30 Sep 1996 20:52-0400
From: The White House, <Publications-Admin@WhiteHouse.Gov>
To: Public-Distribution@CLINTON.AI.MIT.EDU
Subject: 1996-09-28 Executive Order Concerning Child Support Collection





THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release September 28, 1996

EXECUTIVE ORDER

SUPPORTING FAMILIES:
COLLECTING DELINQUENT CHILD SUPPORT OBLIGATIONS

The Debt Collection Improvement Act of 1996, Public Law 104-134 (110 Stat. 1321-358 et seq.), was enacted into law on April 26, 1996, as part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996. While the primary purpose of the Debt Collection Improvement Act is to increase the collection of nontax debts owed to the Federal Government, the Act also contains important provisions that can be used to assist families in collecting past-due child support obligations.

The failure of some parents to meet their child support obligations threatens the health, education, and well-being of their children. Compounding this problem, States have experienced difficulties enforcing child support obligations once a parent has moved to another State. With this Executive order, my Administration takes additional steps to support our children and strengthen American families by facilitating the collection of delinquent child support obligations from persons who may be entitled or eligible to receive certain Federal payments or Federal assistance.

Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Administrative Offsets. (a)(1) The Secretary of the Treasury ("the Secretary"), in accordance with the provisions of the Debt Collection Improvement Act of 1996 and to the extent permitted by law, and in consultation with the Secretary of Health and Human Services and other affected agencies, shall promptly develop and implement procedures necessary for the Secretary to collect past-due child support debts by administrative offset, and shall issue such rules, regulations, and procedures as the Secretary, in consultation with the heads of affected agencies, deems appropriate to govern administrative offsets by the Department of the Treasury and other executive departments and agencies that disburse Federal payments.

(2) The Secretary may enter into reciprocal agreements with States concerning the collection by the Secretary of delinquent child support debts through administrative offsets.

(b) The Secretary of Health and Human Services shall, within 120 days of the date of this order, implement procedures necessary to report to the Secretary of the Treasury information on past-due child support claims referred by States (including claims enforced by States pursuant to cooperative agreements with or by Indian tribal governments) to the Department of Health and Human Services.

(c) The head of each executive department and agency that certifies payments to the Secretary or to another disbursing official shall review each class of payments that the department or agency certifies to determine if any such class should be exempt from offset and, if any class is so identified, submit to the Secretary a request for such an exemption together with the reasons therefor. With respect to classes of payments under means-tested programs existing on the date of this order, such submission shall be made within 30 days of the date of this order. With respect to classes of payments other than payments under means-tested programs existing on the date of this order, such submissions shall be made within 30 days of the date the Secretary establishes standards pursuant to section 3716(c)(3) of title 31, United States Code. With respect to a class of payments established after the date of this order, such submissions shall be made not later than 30 days after such class is established.

(d) The head of each executive department and agency that certifies payments to the Secretary shall promptly implement any rule, regulation, or procedure issued by the Secretary pursuant to this section.

(e) The head of each executive department and agency that is authorized by law to disburse payments shall promptly implement any rule, regulation, or procedure issued by the Secretary pursuant to this section and shall:

(1) match, consistent with computer privacy matching laws, the payment certification records of such department or agency with records of persons delinquent in child support payments as directed by the Secretary; and

(2) conduct administrative offsets to collect delinquent child support payments.

(f) The Secretary shall, to the extent permitted by law, share with the Secretary of Health and Human Services any information contained in payment certification records of persons who are delinquent in child support obligations that would assist in the collection of such debts, whether or not an administrative offset is conducted.

Sec. 2. Denial of Federal Assistance. (a) The Secretary shall, to the extent permitted by law, ensure that information concerning individuals whose payments are subject to administrative offset because of delinquent child support obligations is made available to the head of each executive department and agency that provides Federal financial assistance to individuals.

(b) In conformance with section 2(e) of this order, the head of each executive department and agency shall, with respect to any individuals whose payments are subject to administrative offset because of a delinquent child support obligation, promptly implement procedures to deny Federal financial assistance to such individuals.

(c) The Attorney General, in consultation with the Secretary of Health and Human Services and other affected agencies, shall promptly issue guidelines for departments and agencies concerning minimum due-process standards to be included in the procedures required by subsection (b) of this section.

(d) For purposes of this section, Federal financial assistance means any Federal loan (other than a disaster loan), loan guarantee, or loan insurance.

(e)(1) A class of Federal financial assistance shall not be subject to denial if the head of the concerned department or agency determines:

(A) in consultation with the Attorney General and the Secretary of Health and Human Services, that such action:

(i) is not permitted by law; or

(ii) would likely result in valid legal claims

for damages against the United States;

(B) that such action would be inconsistent with the best interests of the child or children with respect to whom a child support obligation is owed; or

(C) that such action should be waived.

(2) The head of each executive department and agency shall provide written notification to the Secretary upon determining that the denial of a class of Federal financial assistance is not permitted by law or should be waived.

(f) The head of each executive department and agency shall:

(1) review all laws under the jurisdiction of the department or agency that do not permit the denial of Federal financial assistance to individuals and whose payments are subject to administrative offset because of a delinquent child support obligation and, where appropriate, transmit to the Director of the Office of Management and Budget recommendations for statutory changes; and

(2) to the extent practicable, review all rules, regulations, and procedures implementing laws under the jurisdiction of the department or agency governing the provision of any Federal financial assistance to individuals and, where appropriate, conform such rules, regulations, and procedures to the provisions of this order and the rules, regulations, and procedures issued by the Secretary pursuant to section 1 of this order.

Sec. 3. Reports. (a) The head of each executive department and agency shall provide to the Secretary such information as the Secretary may request concerning the implementation of this order, the provisions of the Debt Collection Improvement Act of 1996 applicable to delinquent child support obligations, and the rules, regulations, and procedures issued by the Secretary pursuant to section 1 of this order.

(b) The Secretary shall report annually to the President concerning the implementation by departments and agencies of this order and the provisions of the Debt Collection Improvement Act of 1996 applicable to delinquent child support obligations.

Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

WILLIAM J. CLINTON

THE WHITE HOUSE,

September 28, 1996.

Courtesy of Men's HOTLINE, men@menhotline.org

Copyright © 1996
FatherMag.com. All rights reserved.

more Fathering news stories



fathermag.com
The on-line magazine for men with families.



















US