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FEDERAL TITLE IV-D:

A CASE STUDY ON A MIGRATORY PATTERN OF

 Incentivus federalis perversus

 By Jim Loose *

 

A hidden connection is stronger than an obvious one.

                                                                                    – Heraclitus

EXECUTIVE SUMMARY

Historical Background

Shortly after President Johnson introduced his Great Society programs, careful observers began pointing out that they contained perverse incentives.  Tragically, lawmakers didn’t listen.  Result?  In thirty years a target demographic (largely inner city poor) moved from 20-30% non-nuclear family formation to 80-90% non-nuclear family formation – condemning the poor to remain in ghettoes … which remained poor, and became lawless and violent to boot.

The Great Society set off alarms for another reason.  It cost over $8 trillion.[1]  By the mid-1970s demographers foresaw a bankrupt U.S. Treasury.  The political process heated up in response: Pundits pundited; Congress established the Office of Child Support Enforcement;[2] Ronald Reagan built part of his anti-big-government career around the disturbing but rare scene of so-called welfare queens driving Cadillacs.  All to no avail: Entrenched interests trumped the common sense critique of governments re-engineering inner city families.  After Newt Gingrich enjoyed no more success than Reagan, many in both parties waited hopefully when Bill Clinton announced that he had a plan to “reinvent welfare as we know it”.  Perhaps exactly as “only Nixon [could] open China” only Clinton could fix welfare.  His credibility with the relevant constituencies and bureaucracies might give him a success that had eluded everyone else.  It did … but only because, using Title IV-D, he took a welfare system desperately in need of a haircut and figured out how to radically expand it.  He converted welfare into a program mainly for middle- and upper-income beneficiaries.  Not since FDR has an American politician pulled off such a domestic policy coup.

What Is Title IV-D?

Title IV-D is a federal program to assist in child support collections and paternity establishment.  Through continuing statutory modifications, it has slowly shifted focus from its carefully targeted original beneficiaries: Welfare recipients.  As will be shown below, for the most part Title IV-D has become an upper- and middle-income Forced Asset Transfer program between divorced fit parents.

A Migratory Pattern Discovered

The initial idea was that when applying for welfare an applicant would simultaneously apply for legal services under Title IV-D to try to locate an absent[3] parent (who usually had abandoned the child) and obtain a child support order.  Admirable.  But mission creep set in.  Congress soon authorized expenditures under Title IV-D for former welfare recipients (mostly those who’d gone off welfare during a pending effort to locate an absent parent; it seemed penny wise and pound foolish to end legal services just when they might be about to pay off). 

By the time Clinton launched his reinvention of welfare, American voters had been exposed to years of studies and dramatic speechmaking about the nation’s moral failure to collect staggering amounts of unpaid child support.[4]  Finally, the necessary dots had been connected: The welfare mess was the fault of all those terrible deadbeat parents.  At long last, we knew how to fix welfare.

But we didn’t.    


[1] Measured in constant 2000 dollars.  Rector, R., “Means-Tested Welfare Spending: Past and Future Growth”, Heritage Foundation.  http://www.heritage.org/Research/Welfare/Test030701b.cfm#1.  Retrieved from the World Wide Web, August 30, 2006.

[2] President Ford signed the bill creating OCSE, while expressing doubts that it was constitutional.

[3] As will be seen, in subsequent statutory revisions “absent” versus “noncustodial” becomes a crucial distinction.

[4] Claims as high as $100 billion were made.  These claims were not interrogated for common sense.  How much was due to obligors (often poor people with problems, referred to in footnote 8, below) being unable to afford the original obligation (not infrequently a statutory minimum imposed in a proceeding from which obligors were absent)?  How much was due to obligor inability to lower the obligation after losing a job (a task s/he couldn’t do without a lawyer s/he couldn’t afford)?  Such obligors are in a cruel Catch-22, and the legal system has been unwilling to do anything other than keep the counters clicking away, rolling up month after month of steadily higher unpayable obligations.  Responses in the form of politically palatable soundbites (“We need to pay attention to these people’s children instead of these people’s problems”) merely inflict Three Monkey Politics on an issue where guile is costly both to our nation and in the lives of real people. 

Actual deadbeat parents account for as little as 4% of America’s reported child support arrearage: http://www.acf.dhhs.gov/programs/cse/pol/DCL/2004/dcl-04-28a.pdf  (see Table p.5, showing that 96% of America’s reported child support arrearage is owed by people making less than $40,000 annually).  Title IV-D has failed to produce what its 1996 reformers and the resulting bureaucracies have claimed for it: It has not improved CS delivery to poor children as a way to ease welfare roles (see the national summary line which shows that only 4.5% of child support is paid to welfare recipients: http://www.acf.hhs.gov/programs/cse/pubs/2006/reports/preliminary_report/table_3.html  Retrieved from the World Wide Web August 30, 2006.)  Title IV-D’s real world accomplishment has been to establish a nationwide network of bureaucracies with a self-interested rationale for busybodying into the private civil conflicts of non-welfare divorced people. 

Note, gender is a red herring: one-in-five of America’s 20 million noncustodial parents is a woman (soon to be one-in-four): http://www.acf.hhs.gov/programs/cse/pubs/reports/projections/ch02.html#NCC  (see Figure 2.8).  Retrieved from the World Wide Web, August 30, 2006.

 

Copyright 2005 People for Equal Parenting, Inc. .

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