Child Support Laws and the History
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Child Support Laws: A Historical Overview
Summary
Child support traces its origins to the late 18th and early 19th centuries. Early U.S. courts found existing laws inadequate for handling child support in cases of divorce, highlighting the need for legislative change.Introduction
Child support laws have evolved significantly from the late eighteenth century. Initially, U.S. courts dealing with marital breakdowns found the prevailing laws insufficient for ensuring child support. These laws, influenced by English legal traditions, imposed a non-enforceable duty on fathers to support their children, preventing third parties from recovering support costs unless a notarized letter from the father allowed it.
Historical Background
In 1601, the Elizabethan Poor Law allowed local parishes to recover costs for supporting mothers and children neglected by non-custodial parents, but only if the family was extremely impoverished.
Development of Child Support Laws
Early Developments
The evolution of child support laws gained momentum in the early 1900s. A pivotal moment occurred in 1950 when the U.S. Congress passed the first federal child support enforcement legislation. This law required state welfare agencies to alert enforcement officials if single parents needed public assistance due to lack of support from the other parent.Legislative Milestones
- 1975: The Social Security Act was amended, significantly enhancing child support collection and enforcement efforts.
- 1984: The Child Support Enforcement Amendments mandated improvements in state and local enforcement programs. Key measures included the requirement for all states to implement income withholding for non-custodial parents and the permission to report delinquent parents to credit agencies.
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