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  • Title: Public Law 100-485, Family Support Act of 1988, 13 October 1988.
    Author: United States.
    Journal: Annu Rev Popul Law; 1988; 15():134-5. PubMed ID: 12289195.
    Abstract:
    The US Family Support Act of 1988 makes several amendments in the law relating to child support and establishment of paternity including: 1) requiring states to withhold wages from absent parents, regardless of whether there is an arrearage, in cases where support orders are issued after January 1, 1994; 2) creating the possibility of immediate wage withholding in other cases where orders were made before that time; 3) presuming that state child support guidelines established in compliance with federal law establish the proper support levels unless a written finding in a particular case shows that the guidelines would be unjust or inappropriate; 4) establishes that such guidelines must be reviewed at least once every four years; 5) requires the Secretary of Health and Human Services to set standards for measuring state performance in establishing paternity for children receiving various federal benefits; 6) orders states to require that the child and all other parties submit to genetic tests in a contested paternity case on the request of any party; 7) requires the Secretaries of Labor and Health and Human Services to give the federal parent locator system prompt access to wage and unemployment compensation claims and information useful in locating an absent parent or the parent's employer; 8) states that child support awards made to families receiving Aid to Families with Dependent Children (AFDC) must be reviewed and adjusted every three years; and 9) creates a Commission on Interstate Child Support. In addition, the Act 1) requires states to establish a job opportunity and basic skills training program to help needy families with children obtain the education, training, and employment that will help them avoid longterm welfare dependence; 2) directs states to guarantee child care services to families receiving AFDC to the extent that such services are necessary for a family member's employment or participation in a state-approved education or training activity; 3) provides that families losing AFDC benefits because of an increase of income or employment hours are to receive transitional child care and transitional Medicaid health coverage; 4) requires states to provide AFDC benefits to all families who meet need AFDC standards and whose children are deprived of parental support due to the unemployment of the family's principal earner; and 5) requires states to provide Medicaid benefits to families who would be receiving AFDC benefits on the basis of the unemployment of the principal earner if the state had not set time limits on those benefits.
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