About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (April 9, 2020)

handle is hein.crs/goveaxd0001 and id is 1 raw text is: 







              Congressional
            .Research Service
               Informing the legislative debate since 1914




COVID-19 and Direct Payments to

Individuals: Federal Tax Offset for Past-Due

Child Support



April  9, 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136, enacted March 27,
2020) includes direct payments to individuals in 2020-referred to by the Internal Revenue Service (IRS)
as economic impact payments. These payments are structured as tax credits automatically advanced to
households that meet certain criteria. Section 2201(d) of the CARES Act provides that these payments
cannot be offset for past due debts to federal agencies, past due state income tax debt, or unemployment
compensation debt, but it does not exempt those payments from offset for past-due child support for cases
enforced by the Child Support Enforcement (CSE) program.
As of the date of this Insight, the federal Office of Child Support Enforcement (OCSE) has not provided
public guidance as to the offset procedures that are to be used for these payments. To provide context for
the process that ultimately is used, this Insight provides a brief summary of how the federal tax refund
offset mechanism currently operates, and historical background on how it was used to withhold past-due
child support from similar direct payments to individuals-the 2008 IRS economic stimulus payments.
According to OCSE, the offset of these payments resulted in an additional $863 million in collections in
processing year 2008, which was an 88.4% increase relative to 2007. The offset of CARES Act direct
payments to individuals might also be expected to result in increased collections for past-due child
support though the CSE program.

Overview of the CSE Federal Tax Offset
All 50 states, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, and 60 tribal nations
operate CSE programs pursuant to Title IV-D of the Social Security Act. The program is federally
administered by OCSE in the Administration for Children and Families (Department of Health and
Human  Services). The program is estimated to handle the majority of all child support cases; the
remaining cases are handled by private attorneys, collection agencies, or through mutual agreements
between parents. In FY2018, the program served 14.7 million children (about 20% of children in the
United States) and collected an estimated $34 billion in child support, of which $7.7 billion was for

                                                               Congressional Research Service
                                                               https://crsreports. congress.gov
                                                                                    IN11322

CRS INSIGHT
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most