However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. 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. The more information you provide helps us expedite the child support process. 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. Response: OCSE has decided not to adopt this suggestion. Case Closure Desktop Guide 4. Prosecutor's Office may cancel the case closure process in the statewide child support system. e. Paragraphs (b)(6) through (b)(12) are redesignated as paragraphs (b)(5) through (b)(11), respectively. 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. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. 6. 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. * * * * *, (b) * * * Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). Response: A State may close a case if it meets one or more of the requirements specified at 303.11. When these two factors came into direct conflict, we attempted to resolve the issue in favor of keeping a case open if there is a chance of success. 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)? Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Assistant Secretary for Children and Families. Location details. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. 2. QUICK (Query Interstate Cases for Kids) is an interface between the federal Office of Child Support Enforcement (OCSE) and the child support computer systems of participating states including Oklahoma. 303.11 to eliminate the term "absent parent'' and replace it with the term "noncustodial parent'' throughout, for consistency with preferred statutory terminology under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. 3. OCSE Central Office coordinates the EVS program with the Social Security Administration. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 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? Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? 3. However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. 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. The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. 302.33(a)(1) (i) or (iii), the IV-D agency is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address; Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. 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. Comment: One commenter asked that the term "identity'' be clarified in the final rule. Comment: One commenter noted the change in terminology from "custodial parent'' to "recipient of services'' and asked if this meant the States needed to change this term on all of their local forms. . Comment: One commenter suggested that this regulation allow a State to close the non-IV-D case that remains in existence (e.g., payment registry responsibility) after a IV-D case is closed. EFFECTIVE DATE: The final rule is effective: April 9, 1999. Response: OCSE concurs with both of these suggestions. 303.11. Section 388-14A-2090 - Who receives notice when DCS closes a case? If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). Description of Regulatory Provisions---Sec. 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. 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . 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. The final rule adds a new paragraph, (b)(12) to Sec. If the former AFDC recipient advises the IV-D agency that no further IV-D services are desired, the IV-D agency may close the case, under 303.11(b)(9). Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. Question 1: May a case be closed if no action may be taken on it at the present time but it is possible that the case may be worked in the future, and it does not fit any of the case closure criteria in 303.11(b)? Response: Yes. Dated: October 21, 1998. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. 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 Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. 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. Since the criteria is the same for both subsections, the distinction is unnecessary. Applicants for IV-D services must be provided with notice of case closure pursuant to 303.11(c) for case closure factors 303.11(b)(1) through (7) and (11) and (12). 5. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. In a case involving wage withholding, no action by State A should be necessary other than receipt and redirection of payments to the custodial parent at the new address. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. However, if the identity of the noncustodial parent is known, but his/her location is unknown, then there are multiple locate resources available to the IV-D agency. 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. 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. Paragraph (c) was also revised to clarify that the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12) must send a notice of case closure to the initiating State. 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. 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. What Happens if Child Support Isn't Paid. If so, are arrearages automatically discharged? 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. Under 303.7(b)(4), the initiating State must furnish the responding State with the additional information, or notify the responding State when the information will be provided within 30 calendar days of receipt of the request. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. Question 31: After a IV-D case has been closed in accordance with case closure criteria, is the IV-D agency obligated to continue to provide enforcement services? This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. Comment: One commenter suggested adding to the case closure criteria set forth in paragraph (b)(4) that the IV-D agency interview the recipient of services. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. Response: Under the IV-D program, the State is not required to open a case under these circumstances and this individual is not entitled to receive IV-D services because the obligation to provide support did not arise until after the child became emancipated. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. Approved: November 30, 1998. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. 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? The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. 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. Click on the Child Support Enforcement Message Center link. These are the individuals to whom the IV-D agency is required to send the child support collection. As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. 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. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. wage withholding). Finally, redesignated paragraph (b)(9) removes the reference to Federal AFDC regulations concerning the good cause determination because that regulation is obsolete. Customer Online Services Portal. 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. This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. Federal regulations, under 302.33(a)(4), require that 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 notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. This rule does not contain information collection provisions subject to review by the Office of. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. Proceed with closure of your responding IV-D 3. 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. Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. As stated in the preamble to the NPRM, we continue to believe that PRWORA's cooperation requirements will provide adequate safeguards against the premature closing of cases where a reasonable potential for establishment or enforcement exists. VI. 1. 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. It provides access between participating states to case information including case closure reasons. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. allow the agency to conduct automated locate efforts. 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. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. Because of this directive OCSE is unable to adopt the suggestion of this commenter. The following table provides guidance for determining when and how to close cases. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. The family may have no other mailing address through which it could receive notice of case closure. Step 5: State your request to terminate child support payments and . This second letter is separate from the letter of contact described in paragraph (b)(10). 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). Gather as much information as possible. 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. in non-AFDC cases be addressed. Case Closure Complete Guide 3. Paragraph (b)(5) is redesignated as paragraph (b)(4). In the case of the food stamp program, the Act. Golden, Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. It is possible that additional data elements will be required to undertake some automated locate efforts. 1. In addition, this final rule is intended to provide program guidance well into the future. Response: No. 4. First, the location of the noncustodial parent must be unknown. 2. Case Closure Desktop Guide 4. . The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). You should also give details about the payments, such as the amount and payment dates. [Rules and Regulations] A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 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. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case
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