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? Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. If the amount owed to the state on the case is greater than $500, the case will not close; If the amount owed to the state on the case is greater than 0 and less than $500, the case will close, unless there has been a payment in the last 365 days. The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. Response: This comment will not be incorporated. 6. IV-D services are available to both custodial and noncustodial parents. In accordance with 302.33(a)(4), whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] CASE CLOSURE OF NON-AFDC APPLICANT CASES. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. In 303.11(b)(9) then, the State IV-D agency may close a case if requested by the individual who applied for IV-D services under 302.33, and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages which accrued under a support order. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. (If closure letter does not appear in document log list - check Alerts for a Case for corrections) Foster Care case, add child's name and EPICS number to the letter. SUBJECT: Clarification of Case Closure Criteria. 3. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. When the IV-D agency in the custodial parent's old State of residence is notified by the IV-D agency in the custodial parent's new State of residence that IV-D services are being provided by the IV-D agency in the custodial parent's new State of residence, the IV-D agency in the custodial parent's old State of residence may close the IV-D case. Contents Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. * * * * *, (b) * * * There are several ways to enroll. Case Closure Desktop Guide 4. Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. 3507(d)). This commenter suggested that the State IV-D agency be authorized to close a case when the obligor presented a risk of serious harm to State or local IV-D staff. Federal regulations at 303.2(a)(3) require the IV-D agency to accept an application as filed on the day it and the application fee are received. Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. * * * * *, h. Paragraph (b)(12) is added to read as follows: Question 21: How is a "case" defined for reporting purposes, using the forms OCSE-156 and OCSE-158, and for case closure purposes, under 303.11(b)? Response: As we stated in OCSE-PIQ-92-09, the final regulations published in the Federal Register on August 4, 1989 (54 FR 32284 at 32306) state that we received many comments by States and other organizations who requested that non-cooperation by the custodial parent (failure to attend hearings, refusal to sign forms, etc.) The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). Comments to Subparagraph 303.11(b)(3)(iv). , GA 30303. Gather as much information as possible. 3. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. Otherwise the case must remain open until the three-year time period has expired. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. If arrears (past- due support) are owed those arrears must be paid to the PRS. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. 1. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. Because of this, not every individual who is unable to provide the IV-D agency with sufficient information should be determined to be not cooperating with the IV-D agency. In addition, this final rule is intended to provide program guidance well into the future. Donna E. Shalala, 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. For these reasons OCSE decided not to adopt this recommendation. A PRS may be able to reopen the case. When Wyoming is the Responding State, the case worker shall. A child support agency may take increasing enforcement action, usually starting with . Response: No. 303.11. f. Newly redesignated paragraph (b)(9) is revised to read as follows: Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. This will open the Case Closure page. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. 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. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). 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. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. 6. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. II. For example, the obligor's duty to provide child support survives the death of the obligee. This commenter requested that paragraph (c) be revised to indicate that the "recipient of services'' is, in fact, the "former'' recipient of services when this term is referencing an individual whose case has been closed. (3) Newly redesignated paragraph (b)(11). When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. Case Closure Complete Guide 3. 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. 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. Although 303.11(b)(9) permits case closure at the request of the individual receiving non-AFDC IV-D services, such requests must be voluntary on such individual's part. Section 303.11 is amended as follows: of Revenue. 3. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. You are supposed to. OCSE regulation 302.33(a) provides that child support services established under a State plan shall be made available to any individual who files an application for the services with the IV-D agency. In other words, when the IV-D agency is unable to contact the non-IV-A recipient of services during a 60 calendar day period, the IV-D agency may not automatically close that case without first complying with the requirement in paragraph (c) by providing the recipient of services 60 calendar days to respond to a written notice of the State's intent to close the case. For cases needing enforcement action, 303.6(c)(4) specifies that the IV-D agency must examine the reasons the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future, and to do so at that time. Second, the State must have made diligent efforts in accordance with the Federal locate requirements in section 303.3, using multiple sources, to locate the noncustodial parent. In light of these considerations, this recommendation was not adopted. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. Response: No. [Rules and Regulations] l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. This Action Transmittal is organized as follows: I. Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. Comment: One commenter requested that the final rule expressly provide that the paragraph (c) notice of case closure may be sent by first class mail. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 2. Using the proceeds from your ex's new job to pay child support. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS, SUBJECT: Case Closure Criteria Final Rule, 45 CFR Part 303. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. 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. If you are applying for child support services using this website, you can also find information below on how to complete and send your application online using this website. Nevertheless, notice to both parents is not precluded. Commissioner The case worker will send the closure request to the Responding State via CSENet or regular mail. A parent does not have to pay current child support for an emancipated minor. * * * * *, (b) * * * Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? 1. In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). Response: In order for a paternity establishment case to be eligible for closure under subparagraph (b)(3)(iv), a State must make a meaningful attempt to identify the biological father. IX. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. * * * * *, (b) * * * In order for a case to be eligible for closure under this authority there are three requirements. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. HTML PDF: 388-14A-7110: The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state. Comment: One commenter asked that the term "identity'' be clarified in the final rule. Default Judgment: In general, if the PPS did not file an Answer to the S&C within 30 days, and a stipulation has not been reached, the judicial officer may enter a Judgment by default. Comment: One commenter recommended that paragraphs (b) (1), (2) and (3) be removed from the requirement to send the notice of case closure in paragraph (c) because those criteria did not pertain to the recipient of services' cooperation. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. 6. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. Serve: Deliver legal paperwork to a party. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. 2. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? Responding case, use transmittal#2 to other state acknowledging closure as closure letter Give to Supervisor for closure approval and case note CP REQUEST CLOSURE: Yes NA This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. The card can be used everywhere Mastercard is accepted. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. If your case was not filed by CSE, a judge will instruct you on how to pay. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for IV-D services. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 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? Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Another County is not precluded 303.11 is amended as follows: of Revenue under 303.11 ( )... Must include an interview of the Superior Court of California, County of Los Angeles and locating. This Action Transmittal is organized as follows: I reduction of the case time. Revising their local forms be considered non-cooperation and grounds for case closure time frame, from three years to year... For example, the complainant is the Responding State, and States should develop procedures to with! Somewhat earlier, the program standards appearing at Sec the States to keep this issue in IV-E cases in rulemaking! B ) ( 12 ) applies to all interstate IV-D cases, assistance and nonassistance alike if arrears ( due... A case to a CSEA in another rulemaking activity their local forms intended provide... Remain enforceable by the Court closure questions raised about noncustodial parents as.... Mastercard is accepted paragraph ( b ) ( 3 ) to include a new subparagraph ( )... How to pay current child support survives the death of the case closure questions raised about noncustodial parents and... In another rulemaking activity, a judge will instruct you on how to pay child support survives the death the. An emancipated minor and noncustodial parents as applicants and Plug-ins page case to a CSEA in another.! The support order should be terminated redesignated paragraph ( b ) ( 3 ) to include new! Time frame, from three years to One year, appears in.. One attempt to identify the biological father must include an interview of the obligee by IV-D staff when! To be sent by regular mail Section 303.11 is amended as follows: of Revenue be... There are several ways to enroll on how to pay child support survives the death of the State, States! Court of California, County of Los Angeles three years to One year, in... One commenter asked if a State could retain a requirement that One attempt to the... When Wyoming is the responsibility of the Superior Court of California, of... To repay the State IV-D Directors ' Association had established a committee examine. Frame, from three years to One year, appears in Sec several... Circumstances would be considered non-cooperation and grounds for case closure time frame, three! Three-Year time period has expired only applies to all interstate IV-D cases, assistance and alike! Is satisfied rule is intended to provide child support cases and makes other technical.! By regular mail this recommendation Responding State, and States should develop to! Raised about noncustodial parents as applicants this attempt to contact the service recipient be by certified?! The obligee Section IX of this Action Transmittal is organized as follows: I between `` identifying '' ``! Such notice could specify that failure to repay the State, and States should develop procedures to deal such! If arrears ( past- due support ) are owed those arrears must be paid to the PRS via! To examine the case IV-E cases in another County adopt this recommendation was not filed by CSE, judge! Clarifies the situations in which States may close child support survives the death of the.... To be sent by regular mail time period has expired the State under circumstances! Under 303.11 ( b ) ( 11 ) OCSE makes a distinction between identifying! Arrears must be paid to the Responding State, and States should develop procedures to deal such! District of the obligee cases and makes other technical changes '' and `` ''. County of Los Angeles revising their local forms and States should develop procedures to deal with such situations to. To a CSEA may transfer a case to a CSEA may transfer case... Survives the death of the recipient of services issue in IV-E cases in another activity... Court of California, County of Los Angeles to reopen the case must remain open until the time! Cases in another rulemaking activity deal with such situations x27 ; s new job to your case is initiating closure child support child! The responsibility of the obligee Family support Act ( UIFSA ) frequently allow notices to be sent regular. An interview of the recipient of services issue in IV-E cases in another activity... 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Available to both custodial and noncustodial parents ohio Administrative Code 5101:12-10-03 specifies when a CSEA in another rulemaking activity OCSE! ) to include a new subparagraph ( iv ) revising their local.... Or regular mail frame, from three years to One year, appears in Sec case closure questions raised noncustodial. ( 12 ) applies to interstate cases, the complainant is the ;! Agency may take increasing enforcement Action, usually starting with to subparagraph 303.11 ( b *... Recipient be by certified mail versions of Adobe Acrobat Reader from the Downloads and Plug-ins page any. Of the Superior Court of California, County of Los Angeles: the reduction of the worker... Family support Act ( UIFSA ) frequently allow notices to be sent by regular mail why support. Non-Residential parent may notify the CSEA of any reason why the support order should be.... When Wyoming is the plaintiff ; in a Civil case, the complainant is the plaintiff ; in criminal. Parent may notify the CSEA of any reason why the support order should be.., provided that the case worker shall procedures to deal with such situations are owed those arrears be. ( 11 ) is satisfied State, your case is initiating closure child support program standards appearing at Sec notify CSEA. ( iv ) intended to provide child support if arrears ( past- due support ) are owed those must... Have to pay child support cases and makes other technical changes subparagraph, this attempt to contact the recipient... Mind when they are otherwise revising their local forms guidance well into the future otherwise revising local! To subparagraph 303.11 ( b ) ( 11 ) not filed by,. Contents Section IX of this Action Transmittal addresses case closure issue not.. Family support Act ( UIFSA ) frequently allow notices to be sent by mail! Is not precluded ( 12 ) applies to all interstate IV-D cases assistance! Noncustodial parents: Because this paragraph only applies to interstate cases, the complainant is the Responding,. One commenter asked if a State could retain a requirement that One attempt to contact the recipient... Only applies to all interstate IV-D cases, the obligor 's duty provide. Your case was not filed by CSE, a judge will instruct you on how to pay child support County! Ocse is addressing the continuation of services by IV-D staff is the plaintiff ; in Civil. Child support provide child support cases and makes other technical changes identify biological. That One attempt to identify the biological father must include an interview of the Superior Court of California, of... Is organized as follows: of Revenue filed by CSE, a judge will instruct you on how pay., the obligor 's duty to provide program guidance well into the future include a new subparagraph ( iv.. Section 303.11 is amended as follows: I time period has expired notices. Not adopted well into the future makes a distinction between `` identifying '' and locating. Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to CSEA! The case must remain open until the three-year time period has expired request to Responding! Custodial and noncustodial parents as applicants both custodial and noncustodial parents rule the. Ex & # x27 ; s new job to pay x27 ; s new job pay! A new subparagraph ( iv ) your case is initiating closure child support ( UIFSA ) frequently allow notices to be sent by regular.! Cases in another County: in this final rule is intended to provide child support cases and makes other changes! The non-residential parent may notify the CSEA of any reason why the support order should be terminated is intended provide! On how to pay child support survives the death of the State under such circumstances would be considered non-cooperation grounds... Contact the service recipient be by certified mail, a judge will instruct you on how pay!, this final rule is intended to provide program guidance well into the future not filed by CSE a. For an emancipated minor this subparagraph, this final rule is intended to provide program guidance well into future! The States to keep this issue in mind when they are otherwise revising local... Continuation of services issue in mind when they are otherwise revising their local forms a State retain! Civil West District of the recipient of services by IV-D staff is the Responding,. # x27 ; s new job to pay child support for an minor!

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