Brown v. Eichler

OPINION

CALEB M. WRIGHT, Senior District Judge.

In 1981, as part of the Omnibus Budget Reconciliation Act of 1981, Pub.L. No. 97-35, 95 Stat. 357 (1981), Congress established a system whereby state governments could intercept the tax refunds of parents who owe child support payments to the state. The Federal Office of Child Support Enforcement (“OCSE”) of the United States Department of Health and Human Services issues instructions to the States for establishing procedures to effect the intercept, but each State has significant leeway in establishing its own procedures within these guidelines.…