Child Support Enforcement-Led Employment Services for Noncustodial Parents: In Brief
Released: 2020-05-18T00:00:00

Background

This report discusses issues related to providing employment services targeted at noncustodial parents (NCPs) within the context of the Child Support Enforcement (CSE) program. The CSE program is a federal-state partnership that currently operates in all 50 states; the District of Columbia (DC); the territories of Guam, Puerto Rico, and the U.S. Virgin Islands; and 60 tribal nations. The program seeks to promote parental responsibility and ensure children receive support from both parents, notably through financial income transferred from an NCP to a child's primary caretaker (usually a custodial parent). In FY2018, the CSE program provided services on behalf of 14.7 million children, about 20% of children in the United States. One analysis estimated that nearly two-thirds of families receiving CSE services in 2015 had income below 200% of the poverty threshold. The CSE program collected 66% of the current support that was due in FY2018, continuing the program's record of slow but steady improvement in recent years. However, $11.5 billion in current support that was due went uncollected, becoming arrears (i.e., past due support).

A number of observers have concluded that some NCPs have a currently limited ability to pay that restricts how much support is collected, and that those NCPs would benefit from employment services being offered in the context of the CSE program. NCP employment and earnings, particularly through stable, formal employment, are positively linked to child support payment compliance. This association is likely because NCPs with higher earnings have a better ability to pay, but also because formal employment facilitates the use of income withholding, a particularly effective CSE tool. Also, many low-income NCPs face one or more significant barriers to having consistent employment and sufficient income to pay child support, including low wages and benefits, irregular and unsteady jobs, limited education or marketable skills, health conditions (e.g., substance use), lack of transportation or housing, discrimination, and history with the criminal justice system. Proponents of CSE employment programs argue that they respond to the concern that NCPs need help securing employment, but might be less likely than other populations to access employment services through the workforce development system or public benefit programs. In addition, they posit that the CSE program is a unique platform for providing employment services in that it already reaches NCPs in practice, has a strong interest in improving NCPs' earnings and child support payments, and can leverage CSE policies so that they act as employment incentives and not barriers for NCPs.

Although CSE employment programs are fairly widespread, they are not found everywhere and appear to serve a relatively small proportion of NCPs who struggle to secure adequate employment and regularly pay their obligations in full. To explain why CSE employment programs operate on a limited scale, CSE officials and observers have primarily cited a lack of sufficient and sustainable funding. (The federal government normally reimburses each state for 66% of all allowable expenditures on CSE activities, but employment services are currently not an allowable activity and funding through other mechanisms within the program is limited. ) Many of those same observers have proposed that legislation be enacted to address this issue.

This report first reviews how CSE-led employment programs may be designed with regard to NCP eligibility and recruitment, as well as services provided. This is followed by an explanation of the current federal funding options for these programs. The next section reviews the available evidence on the effectiveness of employment programs that have been led by or conducted in cooperation with CSE. The report concludes by highlighting recent proposals to dedicate federal funding for CSE employment programs.

Program Eligibility and Recruitment

CSE employment programs must establish criteria to determine eligibility for services. Unemployed, or underemployed, low-income NCPs who are struggling to meet their obligations are the population that most frequently qualifies for services. Programs may also serve additional types of NCPs, like those who are in the process of paternity or order establishment, to facilitate recruitment or expand their reach. Alternatively, CSE employment programs may narrowly target services to conserve resources and prioritize certain cases (e.g., those owing current support versus those owing arrears only). Eligibility criteria can also help limit duplication with other public programs or risks of supplanting their funding.

Another important decision CSE employment programs make is whether to rely on mandatory or voluntary recruitment policies, or both. Courts can issue mandatory orders for NCPs to participate in a work program. When NCPs fail to pay child support, states may issue contempt citations or file criminal nonsupport charges that bring parents before a court. (The required administrative and court processes can be expensive for the CSE program and state. ) At this point, the court may give NCPs the choice to seek work as an alternative to incarceration, or order them to do so. Depending on the jurisdiction and court, NCPs may be left to their own discretion for how to secure employment, or they may be firmly connected to or ordered into an employment program that can provide relevant services and assistance. As a result, among the population presented with the choice of participating in a mandatory work program versus incarceration, enrollment and engagement rates are usually fairly high.

Alternatively, or additionally, CSE employment programs can focus on voluntary recruitment. This approach allows programs to serve more NCPs than just those who have been brought into court. Program referrals can be made by staff from CSE agencies, courts, community organizations, and probation or parole offices. Even when programs are voluntary, court referrals and the consequences of nonpayment (e.g., license suspensions, interest charged on debt, the risk of eventually being incarcerated) give NCPs strong incentives to participate. Still, several voluntary programs report that recruitment and retention is challenging in that many NCPs referred to or made aware of the programs decline to participate voluntarily or stay engaged. In response, programs have developed several strategies for boosting recruitment and retention, including expansive program eligibility rules, incentives (e.g., removal of CSE-initiated driver's license suspensions, forgiveness of state-owed arrears), intensive case management, co-locating services, and aggressive and multifaceted outreach.

Program Services

CSE employment programs typically provide a wide range of services, which can require the involvement of many partner organizations. Intensive case management is generally considered critical for engaging NCPs, assessing their needs holistically, coordinating service receipt, and monitoring participant progress. CSE agencies may handle this general case management or make arrangements (e.g., contract) with other organizations to do so. Case managers and other program staff may refer NCPs to external resources for issues such as housing, mental health, substance use, legal aid, and financial education, although services may be limited in many communities. CSE employment programs may also provide NCPs with access to parenting and fatherhood services, including classes and referrals to resources for addressing parenting time (child access and visitation), co-parent mediation, and other legal concerns related to parenthood.

Providing employment services is often contracted or delegated to partnering government workforce agencies or community organizations with relevant expertise. These entities typically provide NCPs with traditional services such as employment-focused case management, job search assistance, employment assessments, job readiness, basic or remedial education, short-term job skills training, job development and placement, and job retention. These services may be provided in both individual and group settings. Employment programs may also provide work supports including transportation assistance, small incentives to promote program engagement, and specialized services for those with criminal records such as records expungement or voluntary drug testing. Less commonly, NCPs may participate in subsidized employment, on-the-job training, vocational training and education, and other, more intensive employment services.

Federal Funding

Under current law, federal funds that can be used by CSE programs to fund employment services are fairly limited. The funding streams that are available may be uncertain from year-to-year, of short duration, or limited in amount relative to the potential demand for these services.

The largest source of federal funding for state CSE administration is the previously mentioned 66% reimbursement rate for state and local expenditures on allowable CSE activities, with no ceiling on the total amount of federal reimbursement. Federal matching payments on net totaled more than $3.5 billion in FY2018, and accounted for approximately 90% of federal CSE funding for states in recent years. However, spending on work activities has not been allowed as a federally reimbursable cost. Alternatively, states can apply for a waiver under Section 1115 of the Social Security Act to receive federal matching payments for the purposes of a demonstration project designed to promote program objectives. With respect to waiver projects, states have to invest new funds (not redirect funding), they are time limited (typically two to five years) and must be evaluated, and total federal reimbursement must not exceed $2 million.

The second largest CSE funding stream is incentive payments, which are designed to reward states for strong program performance and were estimated to exceed $510 million in FY2018. Incentive payments must be reinvested back into the program on activities that are eligible for reimbursement. However, states can request authorization to use incentive payments for activities that are not eligible for federal reimbursement but may contribute to improving the effectiveness or efficiency of child support, such as employment programs. Incentive spending must supplement and not supplant other state CSE funding, states can determine how much of their incentive payment to allocate toward an approved activity, and the program does not have to be formally evaluated.

There are also non-CSE federal funding streams that can support NCP employment activities, although they may not be directly under the control of the program or available on a consistent basis. For example, Temporary Assistance for Needy Families (TANF) funding can support employment programs for NCPs. States can include NCPs as members of TANF-eligible family units and provide assistance and other services funded by TANF or separate state maintenance-of-effort (MOE) programs, even when no other family member is receiving assistance. States can also use TANF or state MOE funding to provide non-assistance services and benefits, such as employment services, to needy individuals such as NCPs when doing so is consistent with TANF goals. The TANF block grant provides states with considerable flexibility in the use of its funds, so NCP employment programs have to compete with many other potential expenditure options.

Similarly, funding for the Workforce Innovation and Opportunity Act's adult and dislocated worker programs and the Supplemental Nutrition Assistance Program's Employment & Training programs can be used to provide employment services to NCPs who meet these programs' respective eligibility criteria. In addition, the Wagner-Peyser Act Employment Service (ES) makes labor exchange services (e.g., counseling, job search and placement assistance) universally available to all individuals. States and localities have also used a variety of other public and private funding to support CSE employment pilots, including competitive grants from the Department of Health and Human Services' (HHS') Office of Child Support Enforcement (OCSE) and Office of Family Assistance (OFA).

Research Evidence on Program Effectiveness

The effectiveness of CSE-led or CSE-supported employment programs has been analyzed by a few rigorous evaluations. While many agencies and partner organizations providing employment services note that NCPs who participate in employment programs show improvement when measured on the basis of comparing pre- and post-participation outcomes such as earnings and child support payments, this kind of analysis cannot address what would have occurred if NCPs had not participated in those particular services. For example, NCPs might have secured employment without assistance, received employment services through another program, or benefited from changes in the economy over time. Rigorous research designs such as random assignment use valid comparison groups to isolate impacts , which are the changes in outcomes causally attributable to a program or policy. This report focuses on statistically significant employment, earnings, and child support payment findings from random assignment experiments and other research designs that can plausibly identify program impacts. In social policy, new or alternative interventions are often compared to a services-as-usual condition developed through many years of trial and error, sometimes including previous rounds of rigorous evaluation. Research in disciplines as varied as social policy, education, medicine, and business has found that the most common pattern of results when interventions undergo rigorous evaluation is "weak" or "no effects." A similar pattern of results has been observed for employment and training programs serving low-income populations other than NCPs. Studies that do not find large positive impacts may still identify potentially promising changes for intervention implementation, design, or strategy.

Employment programs for NCPs have not shown consistent impacts on employment, earnings, and child support compliance when subjected to rigorous evaluation. Cross-site variation from two rigorous evaluations suggests that robust involvement from CSE in employment programs might be beneficial for generating impacts, relative to less CSE involvement. However, there is no rigorous evidence on the relative effectiveness of spending on employment programs versus alternative CSE program activities. The combination of these points also means there is no rigorous evidence that spending on employment services is less effective than alternative collection strategies, and many CSE practitioners believe from experience that these programs are a more effective tool for NCPs with a limited ability to pay.

Rigorous evidence with NCPs is available for two employment program models: traditional employment services and transitional jobs. Alternative employment services that are more common with other low-income populations (e.g., substantive occupational skills training) have typically not been rigorously evaluated with NCPs and therefore are not discussed in this report. Earnings supplements such as the Earned Income Tax Credit, which provide monetary payments to individuals who work in an effort to increase employment and promote other policy objectives, are not regularly included as a service by CSE employment programs and are also not covered here.

Traditional Employment Services

Evidence on the effectiveness of providing traditional employment services to NCPs is mixed. Commonly provided employment services include job search assistance, job readiness training, employment-related assessments, job development services, job retention services, rapid re-employment, employment planning, and work supports. The National Child Support Noncustodial Parent Employment Demonstration (CSPED) was a large-scale random assignment study that enrolled more than 10,000 NCPs across sites in eight states between October 2013 and September 2016. Participants were randomly assigned to either a group eligible for CSPED services, or a group receiving CSE agencies' regular services. CSPED increased the receipt of a combination of case management, employment, parenting, and enhanced child support services, although the level of additional service receipt has been characterized as a "fairly light-touch" for such a hard-to-employ population. More intensive services such as subsidized employment or on-the-job training were rarely accessed. Overall, CSPED did not consistently increase employment, earnings, or child support compliance relative to CSE agencies' usual services. While context, population served, program features, and service receipt varied somewhat in the participating states, there were few differences in impacts by state.

Several earlier, single-state evaluations of CSE-employment programs providing similar employment or more comprehensive services reported more promising impacts, although these studies used research designs that make their results subject to greater uncertainty. An older, multi-state random assignment demonstration also found that an employment program (predominantly providing traditional employment services, peer support groups, and enhanced child support services) did not increase NCPs' employment or earnings, although it did increase the likelihood of formal child support payments, and there was some evidence suggesting impacts for earnings and employment among harder-to-employ subgroups.

The evaluated demonstrations varied somewhat in their target populations, although all served highly disadvantaged populations. They also varied in whether they evaluated programs using mandatory, voluntary, or mixed-recruitment strategies, and the research designs and pattern of results do not provide clear evidence as to whether any approach is more likely to produce stronger impacts. The programs provided typical or even fairly robust levels of service, relative to the field of CSE-led employment programs. Rigorous evaluations of programs providing analogous services to fatherhood and prisoner reentry populations with large proportions of NCPs have also infrequently reported impacts on employment, earnings, or child support outcomes.

Transitional Jobs

Another strategy that has been tested with NCPs, and shown more promising medium and longer-term effects, is transitional jobs, which are short-term subsidized public, nonprofit, or private employment opportunities designed to increase participants' income while helping them to "learn to work by working." The end goal is to increase NCPs' ability to secure and retain unsubsidized employment. A large-scale random assignment study found that a recent collection of programs generated substantial increases in employment, earnings, and the likelihood of child support payment while NCPs were in subsidized employment. These short-term employment impacts demonstrate that such programs can successfully target individuals who want to work but would otherwise struggle to secure consistent employment. The subsidized employment provides these individuals with meaningful work and income. For the period immediately after the transitional jobs ended, participants had modestly higher earnings and employment. However, for most programs the earnings and employment impacts faded away over time, although the increased likelihood of child support payment more often persisted. These findings are similar to those from transitional jobs programs serving other low-income populations (e.g., formerly incarcerated individuals, TANF recipients). Transitional jobs programs are more expensive and challenging to implement than traditional employment services, as programs need to secure work opportunities for participants and pay a portion of their wages for a period of time.

Recent Policy Proposals

Two notable, recent executive branch proposals have recommended increasing federal funding for CSE employment programs, though neither has been adopted. The Obama Administration proposed allowing federal reimbursement of state CSE program expenditures to fund certain job services offered to eligible NCPs (Notice of Proposed Rulemaking, November 17, 2014). The Trump Administration, in its FY2021 budget submission, proposed allowing federal reimbursement of state CSE program expenditures for mandatory work activities, capped at 2% of the total federal reimbursement of that state's CSE expenditures.

Legislation related to employment services for NCPs has also been introduced in the 116 th Congress. The Julia Carson Responsible Fatherhood and Healthy Families Act of 2019 ( H.R. 3507 ) proposes allowing federal reimbursement of state CSE program expenditures to fund certain job services (a more expansive set of services than in the Obama Administration proposal) offered to eligible NCPs. Other legislation would try to encourage states to focus more TANF funding on employment services, which might benefit some NCPs (typically, a parent of a child receiving TANF assistance). The Jobs and Opportunity with Benefits and Services for Success Act ( H.R. 1753 / S. 802 ) would require that state TANF plans detail how low-income NCPs will be able to access employment services through TANF. The Accelerating Individuals into the Workforce Act ( H.R. 4571 ) would redirect funding from the TANF contingency fund to support subsidized employment opportunities for eligible individuals, including NCPs of minor children receiving TANF assistance. Policymakers have also proposed funding new programs, separate from CSE and TANF, for providing employment services. The ELEVATE Act of 2019 ( H.R. 556 / S. 136 ) would provide funding for public and private subsidized employment programs that could serve NCPs and other populations. The Pandemic TANF Assistance Act ( S. 3672 ) also would provide funding that could be used for, among other purposes, certain subsidized employment opportunities for low-income populations (which could include NCPs).