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). What Happens if Child Support Isn't Paid. Donna E. Shalala, 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Child Support Enforcement Case Processing and UIFSA Listen You are viewing content from the ACF Archives that is no longer current but remains on our site for reference.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 rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". At Sec. Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. 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. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. If this is the address of the IV-A agency, the notice should be sent there. 4. The other State is being contacted for the limited purpose of location. 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. 3. * * * * *, h. Paragraph (b)(12) is added to read as follows: Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. 2. 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. Prosecutor's Office may cancel the case closure process in the statewide child support system. 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. Click on Submit a Question and send your questions or information. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. 303.11. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. When a non-AFDC individual subject to fees or cost recovery fails to pay any fee prescribed in Federal regulations or reimburse the State for costs associated with providing IV-D services, and charged to that individual, the IV-D agency may close the case under this criterion when the payment of such fees or costs is required under the IV-D State plan. 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. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). Dated: October 21, 1998. Visit: 2 Peachtree St. NW. (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. PPS: Person Paying Support - Parent who the child does not live with most of the time. The Federal regulations set forth the minimum program standards with which the States must comply. 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. Income Withholding Order (IWO): Income Withholding Order A document that tells an employer to withhold a specific amount of money from a Person Paying Support's wages for support and to send it to the State Disbursement Unit. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. 1. 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. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. 2. * * * * *, (b) * * * The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. This Action Transmittal is organized as follows: I. 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? In these instances the case is no longer "workable'' under the requirements of IV-D, and, therefore, it is appropriate for the IV-D agency to close the case. 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. Question 26: If the custodial parent and child(ren) do not receive public assistance and are unwilling to cooperate in the establishment of paternity and a support obligation based on the request of the non-custodial individual, must the IV-D agency continue to assist with the establishment process? 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.) 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. 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). 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. 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. If your child is an emancipated minor and you are required by law to pay the child support then those responsibilities to pay the child support do not just go away. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? 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. 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 the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. 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. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. 1. 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. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee. 6. 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. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). (b) * * * (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; An Initiating State is Non-responsive in an Interstate Case Notice Not Required . 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. Another commenter offered a related suggestion. 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. The fact that a case is closed has no impact on the underlying orders for support. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. allow the agency to conduct automated locate efforts. As previously stated in the preamble to the final case closure rule issued on August 4, 1989, (54 FR 32284) and in OCSE-AT-89-15, there is nothing to prohibit a State from establishing criteria which make it harder to close a case than those established in paragraph (b). The requirements and time frames of Sec. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . 3. regulations, and opportunities for improvement. A person who seeks to initiate court proceedings against another person. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? 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. Case Closure Matrix How It Works 1. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. OCSE recognizes that in some cases the recipient of services will fail to contact the IV-D agency during the paragraph (b)(10), 60 day time period and the agency will be required. However, as in the case of an uncooperative AFDC recipient, the IV-D agency may not close the IV-D case because the non-AFDC Medicaid recipient is uncooperative in establishing paternity. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. 1. 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. Contact Us Please fill out the form below and our attorney will contact you. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. A child support agency may take increasing enforcement action, usually starting with . HTML PDF: 388-14A-7115 In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 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? * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). 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. even with support, a child is not safe within the family, child . Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. The language in both the Act and the regulation allow noncustodial parents to apply for IV-D services if they file an application with the IV-D agency, as specified in 302.33(a)(1). CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. Case Closure Checklist Why Didn't My Case Close 2. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. Response: As we stated in OCSE-PIQ-91-02, when a former AFDC recipient refuses continued IV-D services, the case would remain open as an AFDC arrears-only IV-D case, for purposes of collecting any arrearages due under a court or administrative order which are assigned to the State. Please note that the preamble language contains an error that occurred during printing. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. Person Paying Support (PPS): Parent who the child does not live with most of the time. Money is often cited as the No. IV-D child support cases One example which would not meet the condition for case closure under section 303.11(b)(12) involves direct withholding under the Uniform Interstate Family Support Act. In order for a case to be eligible for closure under this authority there are three requirements. 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. Case Closure Matrix How It Works 1. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). 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. 4. 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 the case of the food stamp program, the Act. 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. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. 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 . Golden, 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? Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Comment: One commenter requested that paragraph (b)(1) be expanded to allow for the closure of a case which has a valid enforceable current support order, but where there has been no collection for a period of three years, to allow a State to close cases with low collection potential. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). 3. 5. 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? 93.563, Child Support Enforcement Program). 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. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. Having an order from a judge for child support to be paid does not automatically open a child support case. FPLS obtains address and employer information, as well as data on child support cases in . * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. To find out if your case may be transferred, contact your current CSEA. 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. Specifically, they asked if the interview was required to be conducted "face-to-face,'' or could a separate IV-D interview be conducted over the telephone? If assigned current cash medical is accruing then the case cannot close. Some fees may be associated with the Electronic Payment Card. Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. 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. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. (f) When CSS staff closes a case, CSS: Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). k. In addition to the amendments set forth above, remove the words "absent parent('s)'', and add, in their place, the words "noncustodial parent('s)'' in the following places: (3) Newly redesignated paragraph (b)(5); and. 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. 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. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). (Catalog of Federal Domestic Assistance Programs No. 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). Because of this directive OCSE is unable to adopt the suggestion of this commenter. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. 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. If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? 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