The Evolution of US/North American Enforcement Practices 20 Years of Learning.

The Evolution of US/North American Enforcement Practices

20 Years of Learning

Progressive Development

The Beginnings:• 1975 – Title IV-D of the Social Security Act (42 USC § §651 et. Seq.)

- 1910 Uniform Desertion and Non Support Act – (NCCUL)- 1950 URESA – Interstate crossover to establish & collect

• Omnibus Reconciliation Act of 1981 - federal tax intercepts- unemployment wage garnishment

• 1988 – The Family Support Act- Guidelines - Wage garnishment – 1992- Statewide computer system

• 1992 – The Child Support Recovery Act – federal prosecution

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Next Set of Game Changers:

• Personal Responsibility Work Opportunity Reconciliation Act of 1996

- 48 new requirements/provisions/tools- Mix of family support and enforcement

administration - Paternity Acknowledgement AdministrativeNew enhanced computerization requirements

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Next Set of Game Changers:

• Personal Responsibility Work Opportunity Reconciliation Act of 1996

- Federal obligations PLS/FPLS- Genetic test- Subpoena power – all state entities must comply- Reconciliation of CEJ orders

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Next Set of Game Changers:• Personal Responsibility Work Opportunity

Reconciliation Act of 1996 (cont’d)- SDUs- UIFSA ’96- Standard guidelines improvements

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

• Child Support Performance & Incentive Act – 1998

- Established 5 new performance criterion that all child support agencies are measured against- States compete for share of capped pool of funds, paternity, order establishment, payment on current, payment on debt, and cost effectiveness

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Key Collection Components

• IWO – Income Withholding Order & Electronic Income withholding order (EIWO)

- Requires all employers to pay child support consistent with order or pay schedule

- Maximum withholding provisions

- Address medical where medical is provided

Issues: oEmployer reportingoChanging demographics of employment oChanging demographics of parents

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Key Collection Components

• Centralized Payment Processing (SDU) – 2 days from receipt

- Payments in -- traditional: credit card, check, cash, etc.

- new: MoneyGram, PayNearMe, Kiosks, etc.- Payments out –- direct deposit – individual and central authority

- branded debit cards- checks

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools:

• Income Tax Withholding State & Federal- 41 States have State tax – regular distribution

- $ 1.8 billion collected through federal tax (FFY ’14)Issues:

o Impact of Fraudo Priority for recovery of assistance debt

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• License Revocation - Withhold, suspend or restrict drivers,

professional, recreational or sporting. Issues: oimpact to jobs

o length and variability of process

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• Financial Institution Match- Requires States to conduct quarterly

match with all financial institutions (Banks, pension, stock /IRAs, etc.) to intercept for debt

Issues:o Instate Banks vs Multi-state Bankso State Lien Laws

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• New Hires- Requires the reporting by all employers

within 20 days of any employee hire or rehire

Issues:o Complianceo Definition o Independent contractors

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• Liens Against Real & Personal Property- Requires States to set thresholds and have

procedures to interceptIssues: o Only 5 States have centralized lien registrationo Local effort very time consumingo No must for insurerso No penalty

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• Passport Intercept- Requires States to suspend, deny or

withhold an individuals passport for failure to pay

Issues: o Length of passporto Ability to suspend/management of individual’s passport

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• Consumer Report/Credit Agency- Requires States to have procedures for reporting delinquencies or debt owed and

not paid or date due to credit agenciesIssues:

o Length of time of recordo Lack of real impact to credit

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Enforcements Tools (cont’d.):

• Prosecution and Jail– All States are required to have procedures to jail

(contempt - civil & criminal)– US Attorney General has ability to prosecute in

federal court and jail (PSOC)

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The Paradigm: Then

• Short term strategies to collect now and again• Treat every case the same way• Everyone can get a full-time job• High orders are motivating• Throw all of the automated tools at the case to try

to collect high arrearages• Come up with the money or go to jail

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

The paradigm: Moving to the futureHow can we build a better enforcement practice?

• Building a case through early engagement and technology• Gather information from both parents (phone calls, in-

person meetings, case conferencing, questionnaires)• Use automated data sources to update and strategically

align practices and tools to situation• Increasing participation and procedural fairness• Short- and medium-term strategies to increase reliable

support to childrenAlisha Griffin, Director, California Department of Child Support Services

November 10, 2015

The Paradigm: Moving to the future

• Accurate orders improve compliance• Using data to select the right tools for the right

person at the right time • Early intervention to prevent debt build-up• Identifying and addressing the reasons for

nonpayment• Change behavior to encourage payment .. build up

ability and willingness to payAlisha Griffin, Director, California Department of Child Support Services

November 10, 2015

New Methods of Enforcement/Engagement

• Customer service outreach• Automated/integrated self service• Job programs• Behavioral intervention program • Graduated or tailored use of existing tools

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Why this makes sense

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

How?

Utilize Data Effectively to address specific circumstances

I. Standard Data Assets/Better Collection– Income and assets– Employment History– Public assistance use– Multiple families

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Utilize Data Effectively to address specific circumstances (cont'd.)II. New data developments – Zip code– Education– Criminal record– Health– Standard of living (paying rent, doubling up, home

or car ownership)

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

Lessons Learned:• Automation– Initially very effective; improved connections with

workload management– Variability and definitions out of synch; within and

across the States– Need to build non traditional data alignments and

sources– Conduct regular and individual data analytics

profiling to allow for strategic utilization Alisha Griffin, Director, California Department of Child Support Services

November 10, 2015

Lessons Learned (cont'd):

• Utilize Tailoring – Recognizing the differences in• Age generation • Demographics• Resources• Messaging

Alisha Griffin, Director, California Department of Child Support Services November 10, 2015

THANK YOU

QUESTIONS?