For these reasons OCSE decided not to adopt this recommendation. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. 5. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. The calculator is based on child support guidelines set by law in California. Response: This comment will not be incorporated. * * * * *. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. The fact that a case is closed has noimpact on the underlying orders for support. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. It is OCSE policy that because the statute specifically states that any individual may apply for IV-D program services, we cannot exclude a category of applicants. 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. Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 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. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; Comment: One commenter suggested the addition of a new criterion for case closure. May the IV-D agency close the IV-D case? 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. 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. The requirements and time frames of Sec. It provides access between participating states to case information including case closure reasons. Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. 303.11; Case Closure Criteria. Child support cases do not automatically close when a child turns 18 or emancipates. Response: As we stated in OCSE-PIQ-91-02, a IV-D case is defined, for the purposes of the OCSE Child Support Enforcement Program Quarterly Data Report (OCSE-156) and the Child Support Enforcement Program Annual Data Summary Report (OCSE-158), as a noncustodial parent (mother, father, or putative father) who is now or eventually may be obligated under law for the support of a child or children. One commenter objected because he saw this term as subject to change within a case. Another commenter offered a related suggestion. Find a Local Office. 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? Case Closure Matrix How It Works 1. Question 22: Because of the way some States have designed their automated systems, it is very common for them to close one case on a family and to immediately open another. 6. Response: As we stated in response to a similar question in OCSE-PIQ-90-08, in a non-AFDC IV-D case with no assigned arrearages or medical support assignment, if the initiating State either provides no reason or one that does not conform with any of the closure criteria of 303.11(b), the responding State may close the case pursuant to 303.11(b)(9), which permits case closure at the request of the custodial parent where there are no assigned arrearages. Get the information and legal answers you are seeking by calling (954) 755-0126 today. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. Accordingly, paragraph (b)(2) is removed. PPS: Person Paying Support - Parent who the child does not live with most of the time. Conversely, another commenter objected to reducing the existing three-year period to one year. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . Enforcing Child Support Orders. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. 3. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? If the initiating State continues to have an open case, but is asking Indiana to close its case because the initiating State no longer needs assistance from Indiana, can States should keep in mind, however, that case closure is permissive, not mandatory. Make sure you have a current version of Adobe Reader. Click on the Child Support Enforcement Message Center link. Money is often cited as the No. 1. The Secretary certifies, under 5 U.S.C. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Until the IV-D agency in the custodial parent's new State of residence notifies the IV-D agency in the custodial parent's old 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 custodial parent's old State of residence would continue to distribute child support collections received from the non-custodial patent's State of residence to the custodial parent at the custodial parent's new address in the new State of residence. However, for clarity and consistency with terminology used in paragraph (b)(3)(iv), we have replaced "regular attempts'' with "diligent efforts'', and added a cross reference to locate regulations at 45 CFR 303.3. If a Person Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS) . While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. The responding State's transferral and subsequent closure of an interstate case, due to inability to locate the obligor or assets in the responding State, does not affect the open case status of the IV-D case in the initiating State in which the services are being provided to the family. Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. Why not to fight your ex for child support, alimony or other money. When a case is closed it means that CSSD will no longer provide services for that case. Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). Using the proceeds from your ex's new job to pay child support. 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. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. For that reason, if the child dies before paternity is established in an AFDC paternity case, the IV-D agency may close the case for that child. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. Response: No. 2. This section provides guidance on interstate case closure situations. Section 1102 of the Act requires the Secretary to publish regulations that may be necessary for the efficient administration of the functions for which she is responsible under the Act. The card can be used everywhere Mastercard is accepted. 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. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. This group is made up of representatives of Federal, State and local government elected officials and their staffs. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . The IV-D agency may also close the IV-D case at the request of the custodial parent if the case closure requirements of 303.11(b)(9) are met. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. State A must offer, and continue to provide, all appropriate IV-D services and meet the relevant interstate and program standards requirements, until the new initiating State, State B establishes a new interstate case with the responding State C and State A is notified that it may close the case. Customer Online Services Portal. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. . Response: Yes. As we stated in OCSE-PIQ-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. Please note that the preamble language contains an error that occurred during printing. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting .