[Congressional Record Volume 149, Number 45 (Thursday, March 20, 2003)]
[Senate]
[Pages S4156-S4157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE CHILD SUPPORT DISTRIBUTION ACT

  Mr. KOHL. Mr. President, I rise today to state my strong support for 
the Child Support Distribution Act of 2003, which Senator Snowe and I 
introduced yesterday. I want to thank Senator Snowe for continuing to 
work with me over the years on this important issue.
  This bill takes significant steps toward ensuring that children 
receive the child support money they are owed and deserve. In fiscal 
year 2001, the public child support system collected child support 
payments for only 44 percent of its total caseload, up from 19 percent 
in 1995. Obviously, we still need to improve, but States are making 
real progress. It is time for Congress to take the next step and help 
States overcome a major obstacle to collecting child support for 
families.
  There are many reasons why noncustodial parents may not be paying 
support for their children. Some are not able to pay because they don't 
have jobs or have fallen on hard times. Others may not pay because they 
are unfairly prevented from spending time with their children.
  But other fathers don't pay because the public system actually 
discourages them from paying. Under current law, $2.2 billion in child 
support is retained every year by the State and Federal Governments as 
repayment for welfare benefits--rather than delivered to the children 
to whom it is owed. Fifty-six percent of that amount is for families 
who have left welfare. Since the money doesn't benefit their kids, 
fathers are discouraged from paying support. And mothers have no 
incentive to push for payment since the support doesn't go to them.
  The current rules withhold a key source of income for low-income 
families that could help them maintain self-sufficiency. For low-income 
working families receiving child support, that support is the second-
largest source of income for those families, after wages, according to 
the Urban Institute, a nonpartisan organization that studies social and 
governance issues. Families who receive child support can often avoid 
going on welfare. When low-income working families get child support, 
but not welfare, child support makes up 35 percent of their income.
  It is time for Congress to change this system and encourage States to 
distribute more child support to families. My home State of Wisconsin 
has already been doing this for several years and is seeing great 
results. In 1997, I worked with my State to institute an innovative 
program of passing through child support payments directly to families. 
An evaluation of the Wisconsin program clearly shows that when child 
support payments are delivered to families, noncustodial parents are 
more apt to pay, and to pay more. In addition, Wisconsin has found 
that, overall, this policy does not increase government costs. That 
makes sense because ``passing through'' support payments to families 
means they have more of their own resources, and are less apt to depend 
on public help to meet other needs such as food, transportation or 
child care.
  We now have a key opportunity to encourage all States to follow 
Wisconsin's example. This legislation gives States options and strong 
incentives to send more child support directly to families who are 
working their way off--or are already off--public assistance. Not only 
will this create the right incentives for noncustodial parents to pay, 
but it will also simplify the job for States, who currently face an 
administrative nightmare in following the complicated rules of the 
current system.
  We know that creating the right incentives for noncustodial parents 
to pay support and increasing collections has long-term benefits. 
People who can count on child support are more likely to stay in jobs 
and stay off public assistance.
  This legislation finally brings the Child Support Enforcement program 
into the post-welfare reform era, shifting its focus from recovering 
welfare costs to increasing child support to families so they can 
sustain work and maintain self-sufficiency. After all, it is only fair 
that if we are asking parents to move off welfare, stay off welfare, 
and take financial responsibility for their families, then we in 
Congress

[[Page S4157]]

must make sure that child support payments actually go to the families 
to whom they are owed and who are working so hard to succeed.
  I am pleased that there has been widespread bipartisan support for 
this legislation. In 2000, a House version of this bill passed by an 
overwhelming bipartisan vote of 405 to 18. Our legislation was also 
included in last year's TANF reauthorization bill that passed out of 
the Senate Finance Committee with bipartisan support.
  In addition, I am pleased that the administration and the House of 
Representatives both included child support provisions in their TANF 
reauthorization legislation. However, while those provisions are an 
important first step in the process, I am concerned that both the House 
bill and the administration's proposal fall short in reforming child 
support. Their approach would not benefit all States equally, has more 
limited benefits for families who are currently on TANF, and imposes 
fees on some low-income families. I hope as the TANF reauthorization 
process continues, we can all work together to address these concerns 
and ensure that all children receive the support they are owed and 
deserve.
  We must keep this bipartisan momentum going in this Congress. It is 
time that we finally make child support meaningful for families, and 
make sure that children get they support they need and deserve.

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