Q. 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. Click on Submit a Question and send your questions or information. 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. 303.11(b)(4)(ii). 2. 2. Intergovernmental Closure Actions: From Initiating Agency: 1. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). Otherwise the case must remain open until the three-year time period has expired. 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. The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. In addition, Sec. For example, some entities identify individuals by name and date of birth. What Happens if Child Support Isn't Paid. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. 6. 6. 4. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. 5. * * * * *, (b) * * * Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. EFFECTIVE DATE: The final rule is effective: April 9, 1999. As part of the regulation reinvention effort, Sec. States must indicate in the case record when the status of the case changes. Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. 1. Similarly, should the State close a IV-D case in accordance with paragraph (b)(3) or (4), for example, because the location of the individual being sought is unknown, IV-D case closure alone may not be used to determine noncooperation by a TANF recipient. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. When the arrearages are fully collected, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests and there is no assignment to the State of arrearages which accrued under a support order. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Policy. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. of Revenue. However, as we stated in the Preamble to the Final Rule on Program Standards (54 FR 32284, at 32303, August 4, 1989) "[c]ase closure does not affect the support order or arrearages which have accrued under the order; it only means that services under the IV-D program will no longer be provided. 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 . 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). Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 6. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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. [ ] The initiating agency has closed its IV-D intergovernmental case because . 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. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. 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). The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. For example, the obligor's duty to provide child support survives the death of the obligee. 1. No costs are associated with this final rule. 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. One commenter objected because he saw this term as subject to change within a case. If this is the address of the IV-A agency, the notice should be sent there. 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. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. [FR Doc. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. Case Closure Matrix How It Works 1. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. 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)? This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. In light of these considerations, this recommendation was not adopted. 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 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. 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). 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[.]'' Therefore, the IV-D interview of the recipient of services need not be a face-to-face interview, but may be conducted via the telephone, when appropriate. 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. 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. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. Response: This suggestion is inconsistent with OCSE's long-standing interstate policy that the responding State not have direct contact with the custodial parent residing in, and receiving IV-D services from, the initiating State. 5. 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. 1. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". 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? 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. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. May the IV-D agency close the IV-D case? Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' Response: No. The more information you provide helps us expedite the child support process. Step 4: Reference the original child support order and outline the case or order number. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. 5. A child support agency may take increasing enforcement action, usually starting with . If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). Gather as much information as possible. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. 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). This Action Transmittal is organized as follows: I. 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 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? 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. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . 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. The IV-D agency must maintain documentation of the recipient's consent in the case record . 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. Congress made it clear that determinations of good cause were to be "defined, taking into account the best interests of the child, and applied'' by the State agency. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). 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. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. even with support, a child is not safe within the family, child . In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here. The division of child support may register an order from a tribe or another state or country for enforcement or modification. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. 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). There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. There is no order of support. 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. Question 14: Which case closure criterion is applicable in a. situation where the IV-A agency refers an intact family (e.g., in an AFDC-Unemployed parent case) to the IV-D agency for paternity establishment services, but AFDC eligibility ends for the entire family before the IV-D agency completes paternity establishment services? You are supposed to. II. 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 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. Find a Local Office. (b) In order to be eligible for closure, the case must meet at least one of the following criteria: MiCSES Reason Code MiCSES Description Manual Automatic 60-Day Notice 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). Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? Step 3: Indicate the full name of the parent paying child support and the name and age of your child. . Response: No. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). 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. PPS: Person Paying Support - Parent who the child does not live with most of the time. Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes. 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 . * * * * *. Therefore, for purposes of 303.11, if the applicant for services was not the custodial parent, States should substitute the applicant for services whenever 303.11 refers to the custodial parent. 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: 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 removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . Response: Use of the term "regular'' attempts in the proposed rule was intended to include attempts conducted in accordance with the program standards set forth in 45 CFR 303.3, which contains Federal location requirements. allow the agency to conduct automated locate efforts. Closure Code Chart - Child Support Quest Case Closure General Case Closure Closure Code Chart Updated on July 25, 2022 Closure Code Chart As of July 22, 2022. Assistant Secretary for Children and Families. 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. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Please note that the preamble language contains an error that occurred during printing. Comment: One commenter suggested the addition of a new criterion for case closure. 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. * * * * *, j. Paragraph (d) is revised to read as follows:
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