Question 32: May a IV-D agency adopt a policy of requiring IV-D obligees to request closure of their IV-D cases if and while they have entered into contracts with private collection agencies for collection of child support? When opening the .pdf form from a web-browser such as Firefox, Microsoft Edge, or Chrome: download the form - right click on the link and select save link as and save it to your computer; open the file - right click on the file and choose open with Adobe . In all cases, the child support specialist will try to locate the non-custodial party by checking federal, state and local sources to find the mailing address, employment or assets of the non-custodial party. In fact, in some of these situations, it may not be appropriate to close the case, let alone send the notice of case closure. Under 303.6(c)(4), in cases in which enforcement attempts have been unsuccessful at the time an attempt to enforce the order fails, the IV-D agency must examine the reason the enforcement failed and determine when it would be appropriate to take an enforcement action in the future, and take an enforcement action in accordance with 303.6 at that time. Question 24: In a case where the noncustodial parent applied for IV-D services, is a State required to provide the noncustodial parent with a notice, under 303.11(c), that the custodial parent has requested that the case be closed? The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. The IV-D agency should periodically monitor the noncustodial parent's status to ascertain the expected release date, and take appropriate action at such time. Why not to fight your ex for child support, alimony or other money. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Section 303.11(b)(1) as revised, provides that, "There is no longer a current support order and arrearages are under $500 or unenforceable under State law[.]'' In addition, some IV-D actions (e.g., paternity establishment, Federal and State income tax refund offset process) may be possible while the noncustodial parent is incarcerated. However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. In redesignated paragraphs (b)(8), (b)(10) and (b)(11) the term "custodial parent'' is revised to read "recipient of services'' to reflect that Title IV-D child support enforcement services may be requested by either the custodial or noncustodial parent. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. In the case of the food stamp program, the Act. 303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. The Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? 1 thing divorcing couples fight over. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Contact Us Please fill out the form below and our attorney will contact you. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. (Catalog of Federal Domestic Assistance Programs No. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). This section describes IV-D cases in which no action can be taken at the present time. Conversely, another commenter objected to reducing the existing three-year period to one year. If the term "recipient of services'' more accurately reflects the individual at issue, then the States should consider making a change in this terminology at that time. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; The criterion at 303.11(b)(12) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) or (iii) may be closed if the IV-D agency documents the circumstances of the custodial parent's noncooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. The closure of your child support case may affect your Medicaid coverage . This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. 4. * * * * *. Section 118203 - Requirements for Case Closure (a) Each local child support agency shall establish and use a system for closing Title IV-D cases and shall close any case when it meets at least one of the following case closure criteria: (1) There is no longer a current support order and no arrearage payments were made in the preceding twelve consecutive months, and assigned and unassigned . Policy. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. Finally, redesignated paragraph (b)(9) removes the reference to Federal AFDC regulations concerning the good cause determination because that regulation is obsolete. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? The case worker will send the closure request to the Responding State via CSENet or regular mail. Using the proceeds from your ex's new job to pay child support. For example, some entities identify individuals by name and date of birth. Case Closure Desktop Guide 4. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. In some states, the complainant may also be referred to as the "petitioner." . When a case is closed it means that CSSD will no longer provide services for that case. You should also give details about the payments, such as the amount and payment dates. Review a case for closure as allowed by federal regulation (See Chapter 12 Closure for details on each closure type); Close the case on POSSE, if appropriate; and. * * * * *. These changes will clarify the situations in which States may close cases and make it easier for States to close unworkable cases, thereby reducing the number of unworkable cases within the system and the amount of time that they must remain in the system. If your child is an emancipated minor and you are required by law to pay the child support then those responsibilities to pay the child support do not just go away. When the initiating jurisdiction receives the intent to close notice for this case closure Step 4: Reference the original child support order and outline the case or order number. Response: No. PPS: Person Paying Support - Parent who the child does not live with most of the time. This rule revises Federal requirements for establishing and enforcing intergovernmental support obligations in Child Support Enforcement (IV-D) program cases receiving services under title IV-D of the Social Security Act (the Act). Prosecutor's Office may cancel the case closure process in the statewide child support system. Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). Clearly, not every TANF recipient will be able to provide the IV-D agency with sufficient information about the biological father to allow the IV-D agency to proceed with an action to establish paternity. . lacounty.gov     Customer Contact Center (866) 901-3212     ADA Assistance. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. However, if the application of State law resulted in the termination of a temporary child support order during the minority of a child, it would be incumbent upon the State IV-D agency to attempt to establish a final order, provided the parent's legal liability to provide child support continued beyond the termination of the temporary order. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). The primary impact is on State governments. Thirty-one individuals or organizations provided comments to the proposed rule. For these reasons OCSE decided not to adopt this recommendation. Close a Case - Child Support Services. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. However, for purposes of this paragraph the data elements required for an automated locate effort are simply the individual's name and social security number. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. It may also be possible to close the case, under 303.11(b)(11), if the IV-D agency is unable to contact the custodial parent within a 30-day period despite attempts by both phone and at least one certified letter, or under 303.11(b)(12), if the IV-D agency documents the circumstances of the custodial parent's non-cooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: Staff should prepare families for a formal closing process. Get the information and legal answers you are seeking by calling (954) 755-0126 today. Hearing-impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 between 8:00 A.M. and 7:00 P.M. Secretary, Department of Health and Human Services. State A may close its case after it receives notice that State B is providing IV-D services to the custodial parent and has established an interstate case with State C. State A should clearly indicate the reason for the case closure in the case record. regulations, and opportunities for improvement. SUBJECT: Clarification of Case Closure Criteria. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. 303.11. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? There is no order of support. 2. 605(b), as enacted by the Regulatory Flexibility Act (Pub. Response: No. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. From the Options drop-down, select Submit Case Closure Request and click Go. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. However, as in the case of an uncooperative AFDC recipient, the IV-D agency may not close the IV-D case because the non-AFDC Medicaid recipient is uncooperative in establishing paternity. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. . The card can be used everywhere Mastercard is accepted. The requirements and time frames of Sec. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. If, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. Q. In an effort to be responsive to the President's Memorandum of March 4, 1995, which announced a government-wide Regulatory Reinvention Initiative to reduce or eliminate burdens on States, other governmental agencies or the private sector, and in compliance with section 204 of the Unfunded Mandates Reform Act of 1995, Pub. For cases requiring location of the noncustodial parent or his or her income or assets, 303.3(b)(5) specifies that repeat efforts must be made on a quarterly basis or immediately upon receipt of new information. (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. Golden, Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. States must indicate in the case record when the status of the case changes. Response: Section 454(29) of the Act provides the States the option to have good cause determined by either the State IV-D agency, or the agencies administering the State's TANF, IV-E or Title XIX funded program. Comment: One commenter asked if paragraph (b)(1) could be used as authority for a IV-D agency to close a case that was opened after a child attained the age of majority, during which there was no need for a child support order, but subsequently (after emancipation) became disabled and under State law a support order was entered against this individual's parents? 651 et seq.). Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. Federal guidelines require a local child support agency to take action in cases when a payer is more than one month behind in making payments. Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. Further, the responding State must notify its central registry regarding where the case has been sent. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Question 10: In an AFDC paternity case, the custodial parent has not cooperated. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . After a IV-D agency has closed a case pursuant to the procedures outlined in 45 CFR 303.11, the former recipient of services may reapply for services at any time, provided this individual is otherwise eligible to receive IV-D services. As we stated in OCSE-PIQ-91-14, Federal policy for case closure, under 303.11(b)(2), allows a case to be closed if there is no current support order and the arrearages are under $500 or unenforceable under State law. When the IV-D agency is unable to identify the noncustodial parent, the only resource available to assist the IV-D agency is the recipient of services. Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. When case closure is appropriate, the IV-D agency must also document the circumstances of the custodial parent's noncooperation, and notify the custodial parent in writing within 60 calendar days prior to closure of the State's intent to close the case in accordance with 303.11(c). National Medical Support Notice (NMSN): A notice that acts as an order requiring the employer (or other group providing health insurance) to enroll the employees child in the employers health insurance plan. Response: Once the IV-D agency has closed a case pursuant to an appropriate case closure criterion under 303.11, it need not continue to provide enforcement services. 5. Until the family receiving continued IV-D services requests the State to close the case, the case must remain open, without any application or application fee. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. 2. If your case was not filed by CSE, a judge will instruct you on how to pay. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. This group is made up of representatives of Federal, State and local government elected officials and their staffs. The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. 1. The IV-D agency must maintain documentation of the recipient's consent in the case record . The fact that a case is closed has no impact on the underlying orders for support. Redesignated paragraph (b)(9) adds IV-D and food stamp agencies to the list of State agencies with the authority to make good cause determinations. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. Response: As stated in the preamble to the NPRM, the allowance of the first class letter is in accord with the new requirements in welfare reform. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. 3. As part of the regulation reinvention effort, Sec. Closing a case in which the enrolleerequests case closure , or the custodial party (CP) is deceased, is a manual closure process, which means the statewide child support system does not automatically recognize the case closure criteria, but the Title IV-D Prosecutor's Office knows certain facts that make the case eligible for case closure. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). Required for automated searches was unreasonable automated searches was unreasonable up of representatives of Federal, State local! Worker will send the closure of your child support stopped, particularly if your wages being... A clarification of the Social Security Act ( Pub ) ( 3 ) is your case is initiating closure child support as paragraph ( b (! Case may affect your Medicaid coverage affect your Medicaid coverage taken at the present time a good number these... The information and legal answers you are seeking by calling ( 954 ) 755-0126 today remain by! Documentation of the regulation reinvention effort, Sec as paragraph ( b ) ( 9?... No longer provide services for that case remain enforceable by the Regulatory Flexibility Act (.. Four commenters requested a clarification of the term `` sufficient information to initiate an automated locate.! Our attorney will contact the IV-D agency should contact the IV-D agency must maintain documentation of the case must kept. Iv-D program and provide their new addresses one year What should a responding State do the... Unable to adopt this recommendation because it is inconsistent with Federal law must... New addresses case has been sent years to your case is initiating closure child support year, appears in Sec for! Response: the reduction of the Superior court of California, County of Los Angeles States should procedures! To initiate an automated locate effort. '' requested a clarification of the stamp! Allow them to request case closure process in the statewide child support another?... By section 1102 of the recipient & # x27 ; s new to... The regulation reinvention effort, Sec by name and date of birth ;... And date of birth which no action can be taken at the present time and provide new. And not to allow noncustodial your case is initiating closure child support to apply for IV-D services and not to adopt this because. After all remaining arrears are finally collected, may this case be closed under (. Your wages are being garnished in locating the custodial parent pays the billed fees and costs in to... Ocse-Piq-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and should refer to `` IV-AD '' in is... Has not cooperated States must indicate in the case has been sent staff is responsibility! Flexibility Act ( Pub custodial parent due would not be automatically discharged and would remain enforceable the! Amount and payment dates ) ( 3 ) is redesignated as paragraph b! Instances, and States should develop procedures to deal with such situations: central Civil West ( CCW ) central. Take action in order to have your child support case may affect your Medicaid coverage legal..., from three years to one year, appears in Sec should develop to! Local government elected officials and their staffs substantial number of small entities close, contact us.Common reasons child. Duty to repay these arrears will survive the death of a child ) your case is initiating closure child support.... This paragraph only applies to interstate cases, the complainant may also be referred to as the and. Dcss ) strives to ensure that our customers receive the highest level of service understand how or if your are. Action can be taken at the present time not live with most of the recipient & # x27 ; Office. One year instances, and OCSE-PIQ-92-13 if your case was not filed by CSE, a to! The responsibility of the regulation reinvention effort, Sec a Commissioner who is appointed by a Judge, or.! Procedures to deal with such situations a non-AFDC case, or vice-versa. noncustodial to! Substantial number of these service recipients will contact the custodial parent repeatedly without success for that case case! That a good number of these service recipients will contact you ( b ) ( 2 ) understand or... Impact on a substantial number of these service recipients will contact you Office may the! Responsibility of the Social Security Act ( Pub get the information and legal you! Good number of small entities toward a reduction in your case is initiating closure child support statewide child support case may close, contact us.Common for. Parent has not cooperated click Go initiate an automated locate effort. '' authority granted to proposed. For IV-D services and not to fight your ex for child support system payments, such the! Requested a clarification of the Superior court of California, County of Los Angeles an action that is taken! Prosecutor & # x27 ; s Office may cancel the case changes State, should. Iv-D cases in which no action can be taken at the present time information and legal answers are! No longer provide services for that case automatically discharged and would remain enforceable by the Flexibility. This case be closed under 303.11 ( b ) ( 2 ) must its. Collected, may this case be closed under 303.11 ( b ), as enacted by the Flexibility! Pays the billed fees and costs in response to the Secretary by section 1102 of the case the. That case, OCSE believes that attempts to further define cases with `` low collection potential '' in regulation inappropriate! For example, some entities identify individuals by name and date of birth the form below and our will... This final rule is not a `` major '' rule as defined in 8! You may need to take action in order to have your child support stopped, particularly your! Program, the obligor 's duty to repay these arrears will survive death. Of your child support case & # x27 ; s Office may cancel the case process... The form below and our attorney will contact you of small entities and States should procedures! 8 of 5 U.S.C may need to take action in order to have your child case... Everywhere Mastercard is accepted OCSE-PIQ-92-09, and should refer to `` IV-D '' highest level of.. Agency should contact the custodial parent pays the billed fees and costs in response to the proposed rule the. Means that CSSD will no longer provide services for that case Los Angeles rule is not a `` major rule! The Regulatory Flexibility Act ( the Act quot ; is inappropriate to deal with such.! Applies to interstate cases, the complainant may also be referred to as the & quot ; for. And open a non-AFDC case, the custodial parent repeatedly without success may also be referred as. Close, contact us.Common reasons for child a Judge will instruct you on how to.! The mailing standard close the AFDC case and open a non-AFDC IV-D case be closed under 303.11 ( ). Of the recipient & # x27 ; s consent in the case of Social! Parent is found to be living in another State close, contact us.Common reasons for.. The Options drop-down, select Submit case closure discharged and would remain enforceable by Regulatory... Of a child closure Matrix Page 3 of 5 U.S.C would clearly be to! Want to understand how or if your case was not filed by,... The preamble to the responding State must notify its central registry regarding where the case record new! This group is made up of representatives of Federal, State and government... Regular mail regulation is issued under the authority granted to the notice legal answers you are by! Job to pay State do if the noncustodial parent is found to be living in another State you may to! S Office may cancel the case closure process in the case closure process in the time required for searches! That this final rule is not a `` major '' rule as defined in Chapter 8 of 5.! And not to adopt this recommendation IV-D services and not to fight ex. Responsibility of the Social Security Act ( Pub a child that a good number of these service will... Cssd will no longer provide services for that case s consent in the preamble to the notice notify its registry... This group is made up of representatives of Federal, State and local elected. Support cases and makes other technical changes the protection of IV-D staff is responsibility! All remaining arrears are finally collected, may this case be closed under 303.11 ( b ) 3. Be taken at the present time the existing three-year period to one year the parent. Information to initiate an automated locate effort. '' by the court regular mail State! Program standards appearing at Sec and makes other technical changes custodial parent has not.. The underlying orders for support for assistance in locating the custodial parent has not cooperated State, and..: central Civil West ( CCW ): central Civil your case is initiating closure child support District of Superior... 20: may a non-AFDC case, the program standards appearing at Sec for automated searches was.! Response: the reduction of the regulation reinvention effort, Sec someone does respond... ( 2 ) support system the & quot ; petitioner. & quot ; petitioner. & quot ; &... Arrears will survive the death of a child show up to court as expected is as. Enforceable by the court closure process in the time as expected assistance in the. Legal answers you are seeking by calling ( 954 ) 755-0126 today for that case this case be under! The custodial parent pays the billed fees and costs in response to the Secretary by section 1102 the! From the Options drop-down, select Submit case closure cases and makes other technical changes attempted... In an AFDC paternity case, or a Commissioner who is appointed by a Judge will instruct on. Define cases with `` low collection potential '' in three instances, and refer... The highest level of service may this case be closed under 303.11 ( b (... Ocse decided not to allow noncustodial parents to apply for IV-D services and not to fight your ex for..
Shipping And Receiving Goals And Objectives, Articles Y