SENATE BILL REPORT
ESHB 1652
As of March 21, 2023
Title: An act relating to child support pass through.
Brief Description: Concerning child support pass through.
Sponsors: House Committee on Appropriations (originally sponsored by Representatives Taylor, Couture and Rule).
Brief History: Passed House: 3/4/23, 89-7.
Committee Activity: Law & Justice: 3/21/23.
Brief Summary of Bill
  • Requires the Department of Social and Health Services to pass through to a family receiving Temporary Assistance for Needy Families all current child support collected each month on behalf of the family.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Tim Ford (786-7423)
Background:

Federal law requires each state to have a child support enforcement program that complies with federal requirements as a condition of receiving federal funds for child support enforcement and Temporary Assistance for Needy Families (TANF) programs.  As a condition of receiving TANF cash benefits, a family must assign its rights to child support to the state during the months the family receives the benefits.  Assigned child support collections are retained by the state and the federal government as partial reimbursement for TANF assistance.

 

Federal law specifies the process by which child support collected by the state on behalf of a family receiving TANF assistance is to be distributed.  The state is required to forward to the federal government a certain portion of the collected support referred to as the federal share, which varies by state.  The current federal share for Washington is 50 percent, meaning the state is required to pay to the federal government 50 percent of child support collected on behalf of a family receiving TANF assistance.  The state is permitted to retain or pay to TANF families the remaining 50 percent, known as the state share.

 

Federal law allows states to pass through up to $100 per month of collected child support to TANF families with one child and up to $200 per month of collected child support to TANF families with two or more children without having to reimburse the federal government for its share of the child support collected.  This is known as the child support pass through.  States that opt to implement the child support pass through must disregard the child support collection paid to the family when determining the family's cash TANF benefit.  A passthrough payment is disbursed only when a child support payment has been received and does not carry over to the next month.

 

Washington implemented child support pass-through payments in October 2008, but suspended them effective May 1, 2011.  Pursuant to legislation enacted in 2020, on February 1, 2021, the Department of Social and Health Services (DSHS) began to pass through to families receiving TANF assistance up to $50 per month in collected child support for a family with one child and up to $100 per month in child support for a family with two or more children. 
Summary of Bill:

Beginning on July 1, 2024, DSHS must pass through to a TANF family all current child support collected on behalf of the family each month.

 

DSHS must disregard and not count as income any amount of current child support passed through to TANF or WorkFirst applicants or recipients when determining eligibility for and the amount of assistance.
Appropriation: The bill contains a null and void clause requiring specific funding be provided in an omnibus appropriation act.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: The bill takes effect on July 1, 2024.
Staff Summary of Public Testimony:

PRO: Child support is a fundamental way to keep children out of poverty.  There are low income families who receive child support and TANF benefits.  The state retains some of the child support on behalf of TANF.  This bill restores the ability for all child support to pass through to families, not government.  Families will able to emerge out of poverty with this pass through child support and TANF benefits.  Child support should be for children.
Persons Testifying: PRO: Representative Jamila Taylor, Prime Sponsor; Lianna Kressin, Statewide Poverty Action Network; Dorothy Gorder; John Chan; Amy Roark.
Persons Signed In To Testify But Not Testifying: No one.