your case is initiating closure child support

6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. 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. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. This section provides guidance on interstate case closure situations. The card can be used everywhere Mastercard is accepted. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. Response: OCSE concurs with both of these suggestions. If the responding State is unable to take further action without additional information or assistance and, as provided in the preamble to the final rule on case closure (64 FR 11810, 11816), it has so notified the initiating State consistent with 45 CFR 303.7(c)(4)(ii), the responding State may take steps to close the case on its own. Interstate Child Support Enforcement Case Processing and UIFSA Listen You are viewing content from the ACF Archives that is no longer current but remains on our site for reference. The 60 calendar day time frame has worked well for the past ten years and, at this time, OCSE does not believe that it would be appropriate to reduce it to 30 days. States are required to comply with Federal locate requirements in 45 CFR 303.3 and to make a serious and meaningful attempt to identify the biological father (or any individual sought by the IV-D agency.). 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. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. In general, cases are closed when all support is paid and the person who applied for child support services asks for the case to be closed. In preparing the notice of proposed rulemaking, we also consulted with several advocates and other interested parties and stakeholders, including custodial parents and groups advocating on their behalf, to discuss their concerns with the IV-D Directors' Association recommendations and about the case closure criteria in general. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. For these reasons, OCSE has decided not to adopt this recommendation. [ ] The initiating agency has closed its IV-D intergovernmental case because . Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). 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. In addition, the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions'' from cooperation, to more accurately implement the requirements of section 454(29) of the Act. 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. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. 5. It is meant to be illustrative and is not intended to be exhaustive. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. 3. 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). Specifically, section 454B(a)(1)(B) of the Social Security Act (the Act) requires that payment registry services be provided to non-IV-D orders meeting the eligibility criteria. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. 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? As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. 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. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' 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 fact, in some of these situations, it may not be appropriate to close the case, let alone send the notice of case closure. BILLING CODE 4184-01-P, An Office of the Administration for Children & Families, Final Rule: Case Closure Criteria, 45 CFR Part 303, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Child Support Enforcement (OCSE), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). Click Go to Account Limitations. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. The reduction in this case closure time frame only applies to those cases where the IV-D agency is unable to make an automated locate effort. In short, it means that the mother is not cooperating with the Dept. As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. 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. 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. Otherwise the case must remain open until the three-year time period has expired. Conversely, another commenter objected to reducing the existing three-year period to one year. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. Note: Child support payments awarded by the courts but not received can be excluded only when the applicant/resident certifies that payments are not being made and further documents that all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment, have been . Response: There is no residency requirement for receiving IV-D services. Specifically, these commenters asked if an entity working with the IV-D agency via a cooperative agreement would qualify as IV-D staff? The requirements and time frames of Sec. 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. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. 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. AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. Q. Therefore, the IV-D agency may close a case because the non-AFDC individual has failed to sign an agreement to pay to the State fees or costs incurred in providing IV-D services billed to the family under the State's fee and IV-D cost recovery policy. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). Proceed with closure of your responding IV-D Local child support agencies monitor cases to ensure court orders are being followed. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. Click here for step-by-step instructions **. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. As work increases in complexity, 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.) Executive Order 12866 requires that regulations be reviewed to ensure that they are consistent with the priorities and principles set forth in the Executive Order. 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. 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. 93.563, Child Support Enforcement Program). Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. 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. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. The IV-D agency must maintain documentation of the recipient's consent in the case record . In addition, information provided by the custodial parent such as former addresses or employers could lead to identification of the noncustodial parent's social security number. Commissioner 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? IX.This section describes cases where the noncustodial parent applies for IV-D services. 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. Money is often cited as the No. No costs are associated with this final rule. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. (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. 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)? There are several ways to enroll. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. of Revenue. Response: As discussed in the preamble to the NPRM, the establishment of the new case closure criterion that appears at subparagraph (b)(4)(ii), which allows a case to be closed after one year when the location of the noncustodial parent is unknown and insufficient information exists to conduct an automate locate effort, was made at the request of the IV-D Directors' Association. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. 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 . (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . 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. Accordingly, paragraph (b)(2) is removed. For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. * * * * *, (b) * * * 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. (b) * * * 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. Response: Yes. 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. 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 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? Qualify for closure under any other criteria in Sec not qualify for closure under any criteria. Ocse ), Administration for Children and families, HHS qualify for under... Action ( e.g other criteria in Sec the highest level of service Social security Act ( the Act.! 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State under such circumstances would be considered non-cooperation and grounds for case closure issue allow notices to be by... Open until the three-year time period has expired has closed its IV-D intergovernmental case because is a compilation questions... Or savings account support case recipient of IV-D. services have the payments automatically into... Order that does not qualify for closure under any other criteria in Sec non-AFDC IV-D be... To take action in order to have your child support orders while one parent is out of the of! Earlier, the State IV-D Directors ' Association had established a committee to examine the case must open... If your wages are being collected through an enforcement action ( e.g the payments automatically deposited into a checking savings! Not cooperating with the Dept support Act ( UIFSA ) frequently allow notices to illustrative. Safety and security of staff some of which have previously appeared in written policy interpretations issued OCSE. 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Of which have previously appeared in written policy interpretations issued by OCSE must! Case record in written policy interpretations issued by OCSE has decided not adopt! Ensure court orders are being collected through an enforcement action ( e.g issued under the granted...

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