STATEMENT OF THE HON. MICHAEL N. CASTLE, 
A REPRESENTATIVE IN CONGRESS FROM THE STATE OF DELAWARE

TESTIMONY BEFORE THE SUBCOMMITTEE ON HUMAN RESOURCES AND

OF THE HOUSE COMMITTEE ON WAYS AND MEANS

HEARING ON CHILD SUPPORT AND FATHERHOOD

JUNE 28, 2001

CHAIRMAN HERGER, RANKING MEMBER CARDIN, MEMBERS OF THE SUBCOMMITTEE, I WANT TO THANK YOU FOR GIVING ME THIS OPPORTUNITY TO TESTIFY ON THE IMPORTANT SUBJECT OF CHILD SUPPORT ENFORCEMENT.

IT IS A FUNDAMENTAL PRINCIPLE THAT PARENTS WHO BRING A CHILD INTO THIS WORLD ARE BOTH RESPONSIBLE FOR PROVIDING FOR THAT CHILD'S PHYSICAL NEEDS, REGARDLESS OF ANY CONFLICTS IN THEIR RELATIONSHIP. IT IS REWARDING FOR ME TO JOIN YOU HERE TODAY TO DISCUSS HOW WE CAN IMPROVE THE LAWS OF THIS COUNTRY TO ENFORCE THAT PRINCIPLE.

I WANT TO TAKE A FEW MOMENTS TO DISCUSS THE "CHILD SUPPORT FAIRNESS AND FEDERAL TAX REFUND INTERCEPTION ACT OF 2001." RECENTLY, I INTRODUCED THIS BILL TO REMOVE A LEGAL BARRIER THAT IS PREVENTING THE FEDERAL TAX REFUND OFFSET PROGRAM FROM MORE EFFECTIVELY ENSURING THAT CHILD SUPPORT IS PAID TO ALL THOSE ENTITLED TO IT.

AS YOU KNOW, UNDER CURRENT LAW, THE FEDERAL TAX REFUNDS OF PARENTS WHO OWE BACK CHILD SUPPORT CAN BE INTERCEPTED AND USED TO REDUCE THAT DEBT. AFTER GARNISHING WAGES, THIS PROGRAM IS THE MOST EFFECTIVE MEANS OF RECOVERING BACK CHILD SUPPORT. IT ACCOUNTS FOR APPROXIMATELY ONE-QUARTER OF ALL BACK CHILD SUPPORT COLLECTIONS.

HOWEVER, UNLIKE GARNISHING WAGES AND MANY OTHER CHILD SUPPORT ENFORCEMENT TOOLS, ELIGIBILITY FOR THIS PROGRAM IS RESTRICTED BY THE AGE OF THE CHILD. ELIGIBILITY FOR THE PROGRAM IS LIMITED TO CASES WHERE THE CHILD IS STILL A MINOR, THE PARENT IS RECEIVING PUBLIC ASSISTANCE OR THE CHILD IS A DISABLED ADULT. THIS FAILS TO PROTECT NON-DISABLED, COLLEGE-AGE CHILDREN AND THEIR CUSTODIAL PARENTS, EVEN IF THE CHILD SUPPORT DEFICIT ACCRUED WHILE THE CHILD WAS A MINOR. THE UNINTENDED EFFECT OF THE PROGRAM IS THAT IT REWARDS NON-CUSTODIAL PARENTS WHO ARE SUCCESSFUL IN AVOIDING THEIR CHILD SUPPORT OBLIGATIONS WHILE THEIR CHILDREN ARE MINORS. THE AGE LIMIT REMOVES THE THREAT OF ONE OF THE MOST EFFECTIVE CHILD SUPPORT ENFORCEMENT TOOLS - THE TAX REFUND INTERCEPT.

I THINK WE SHOULD JUST ASK OURSELVES WHETHER THERE IS ANY GOOD REASON WHY WE SHOULD ALLOW DELINQUENT PARENTS TO COLLECT FEDERAL TAX REFUNDS TO USE FOR THEIR ENJOYMENT, WHILE CUSTODIAL PARENTS STRUGGLE TO RECOVER FROM YEARS OF RAISING THEIR CHILDREN ALONE ON ONE INCOME.

I HOPE CONGRESS WILL ALLEVIATE THE TREMENDOUS BURDEN ON SINGLE PARENTS WHO HAVE TO WORK EVEN HARDER TO PROVIDE FOR THEIR CHILDREN. ARTIFICIAL BARRIERS SUCH AS THE AGE LIMIT ON THE FEDERAL TAX REFUND OFFSET PROGRAM, SHOULD BE TORN DOWN. A NON-CUSTODIAL PARENT SHOULD NOT BE ABLE TO ESCAPE THEIR CHILD SUPPORT RESPONSIBILITIES BY PLAYING A WAITING GAME UNTIL THEIR CHILD IS EIGHTEEN. THE FEDERAL TAX REFUND OFFSET PROGRAM IS RESPONSIBLE FOR RETRIEVING APPROXIMATELY ONE-QUARTER OF ALL BACK CHILD SUPPORT COLLECTIONS. THE TIME HAS COME TO MAKE IT A GREATER SUCCESS BY HELPING ALL CHILDREN WHO DESERVE SUPPORT. I URGE MY COLLEAGUES TO SUPPORT THIS LEGISLATION.

THANK YOU, CHAIRMAN HERGER FOR YOUR COMMITMENT TO THIS IMPORTANT ISSUE. I LOOK FORWARD TO WORKING WITH YOU TO MOVE THIS BILL TO THE FULL HOUSE IN THE NEAR FUTURE.