At Family Matters Law Group, P.A., we frequently hear concerns about how child support works, especially in the age of social media where misinformation spreads fast. One question that's come up recently is whether child support enforcement violates due process rights—and whether courts are “incentivized” to place people on child support to make money for the government.

This concern often references 42 U.S. Code § 658, a federal law related to incentive payments to states for child support enforcement. Let's clear up what this law actually means, and why it does not violate constitutional rights.

What Is 42 U.S. Code § 658?

This federal statute allows states to receive incentive payments from the federal government when they effectively enforce child support orders. These incentives are based on performance measures—such as how many support orders are established and how much is collected—not whether a judge decides to issue a child support order in the first place.

So why would the federal government want to incentivize states to enforce child support?

Because it helps reduce the burden on public assistance programs like:

• Temporary Assistance for Needy Families (TANF)
• Medicaid
• SNAP (formerly known as food stamps)

When child support is paid consistently, children have their needs met, and fewer families require government aid. This benefits not just the child and custodial parent, but also taxpayers and the broader economy. It's a financial and social investment in child welfare—not a secret scheme to profit off struggling parents.

Does This Violate Due Process?

No. Courts are still bound by constitutional protections. If someone is going to be ordered to pay child support, due process requires that:

• They are served with proper notice of the case.
• They are given the opportunity to respond and appear in court.
• They can present evidence and dispute any inaccurate claims about their income or ability to pay.

Due process violations can and do happen in rare cases—like when someone wasn't properly served or never had a hearing—but that's a procedural error, not an inherent flaw in the system. These issues are typically grounds for appeal or modification, not a reason to invalidate the entire concept of child support.

Why Child Support Exists

At its core, child support exists to ensure that both parents contribute to the financial needs of their children. It's based on statutory guidelines that consider income, number of overnights, childcare costs, health insurance, and other factors. Contrary to the online rhetoric, child support is not punitive—it's protective.

Family courts aren't looking to punish one parent or profit from enforcement. They're trying to make sure children don't go without basic necessities just because their parents no longer live together.

Common Myths—Debunked

MYTH: The courts make money by putting people on child support.

FACT: Courts don't receive direct revenue from child support orders. Incentive funds go to the state child support enforcement agencies to improve enforcement systems—not to judges or court staff.

MYTH: You don't have any say in what you're ordered to pay.

FACT: You absolutely do. You can file financial affidavits, present pay stubs and tax returns, and request hearings to argue for accurate calculations.

MYTH: The whole system is unconstitutional.

FACT: Courts must follow due process, and child support enforcement is grounded in state and federal law aimed at protecting children, not violating your rights.

The Bottom Line

We understand that the family court system can feel overwhelming, especially if you're navigating it alone. But we also believe in cutting through the noise and giving people the real information they need to understand their rights and responsibilities.

If you're facing a child support issue—or if you've been served and aren't sure what to do next—we're here to help. Whether you need representation, legal coaching, or just clarity on your options, Family Matters Law Group, P.A. has you covered.

Contact us today to schedule a consultation and get the guidance you deserve.

Family Matters Law Group, P.A.

Protecting Families. Empowering Clients.

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