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April 2024 CSQ

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But title IV-D had a second purpose:<br />

welfare cost recovery. These cost recovery<br />

policies were part of an older history,<br />

rooted in Victorian-era poor relief laws that<br />

treated public assistance as a debt. Cost<br />

recovery laws have a long racist legacy,<br />

and the chronological arc of the “deadbeat<br />

parent” phase of the program mirrored the<br />

rise of incarceration and the retrenchment of<br />

public assistance programs.<br />

The right to child support itself is ancient. In fact, in<br />

1665, my ancestor, Herodias Long, successfully sued<br />

the father of her children for child support in Rhode Island, although they<br />

had never married. Since its inception, the child support program has<br />

struggled to reconcile the legal right of children to obtain parental support,<br />

the unequal economic footing of men and women, and reimbursement of<br />

cash assistance.<br />

Generational change has brought a different set of insights to the child<br />

support program. Many of the people who implemented title IV-D had<br />

experienced divorce and raised children as single mothers. Many of the<br />

legislators at that time were divorced fathers. Many of the people who<br />

make the child support program run today were once children who lived<br />

apart from a parent.<br />

The child support program has come a long way. My first job out of law<br />

school in 1982 was with the Minnesota Attorney General’s Office, where I<br />

represented the range of human services programs, including child<br />

support. Minnesota has a state-administered, county-run program. At that<br />

time, the state central office only had 4 or 5 staff. Except for the largest<br />

counties, child support cases were handled by private attorneys under<br />

county contract. Child support was enforced primarily through wage<br />

garnishment, civil contempt, and criminal prosecutions. In its earliest days,<br />

the child support program operated exclusively as a cost-recovery program.<br />

In 1984, Congress required states to expand services to parents who did<br />

not receive AFDC but requested services.<br />

I started working with the title IV-D program before child support guidelines<br />

were implemented. Order amounts varied widely. Low-income noncustodial<br />

parents of children receiving AFDC were typically charged the full amount<br />

of assistance paid out, including Medicaid birthing costs and retroactive

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