This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. 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. 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. 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. 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; Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? When the IV-D agency in the custodial parent's old State of residence is notified by the IV-D agency in the custodial parent's new 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 the custodial parent's old State of residence may close the IV-D case. 45 CFR Part 303 6. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . 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. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. 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. 2. 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). Step 5: State your request to terminate child support payments and . The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. Person Paying Support (PPS): Parent who the child does not live with most of the time. f. Newly redesignated paragraph (b)(9) is revised to read as follows: Why not to fight your ex for child support, alimony or other money. OCSE reminds States that enhancements to the Enumeration Verification System (EVS) frequently allow unknown or incomplete social security numbers to be identified by the Social Security Administration when the State has an individual's full name and date of birth. 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. 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 the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. 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. 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. II. 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. 5. 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. Response: No. A PRS may be able to reopen the case. 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. 2. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. 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. Section 388-14A-2090 - Who receives notice when DCS closes a case? If this is the address of the IV-A agency, the notice should be sent there. 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 Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. In addition to what has already been stated in this response, OCSE believes that it is important for the IV-D agency to notify the recipient of services of its intention to close a case based upon the criteria identified in paragraph (c). 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. 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. 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. 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. To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. 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. Step 4: Reference the original child support order and outline the case or order number. In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). 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. 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. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . Response: There is no residency requirement for receiving IV-D services. Response: No. Default Judgment: In general, if the PPS did not file an Answer to the S&C within 30 days, and a stipulation has not been reached, the judicial officer may enter a Judgment by default. Parentage: Parent-child relationship (who the parent of the child is). The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. 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). However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. 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. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. Comment: Two commenters requested clarification of the requirement in subparagraph (b)(3)(iv) that at least one interview of the recipient of services be conducted by IV-D staff. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. 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. The final rule balances good case management and workable administrative decisions with providing needed services, always erring in favor of including any case in which there is any chance of success. 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). Secretary, Department of Health and Human Services. 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. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. 4. The Department has determined that this rule is consistent with these priorities and principles. 1. FPLS obtains address and employer information, as well as data on child support cases in . 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). 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. Response: No. In short, it means that the mother is not cooperating with the Dept. The case closure standards delineated in 45 CFR 303.11(b) limit eligible cases to those in which there is no reasonable expectation of establishing paternity, obtaining a support order, or collecting child or spousal support, either now or in the near future. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. 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? Having an order from a judge for child support to be paid does not automatically open a child support case. to issue a notice to an address they know to be obsolete. 6. 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. Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. In the former case, the locate request is not considered an interstate referral. 303.11; Case Closure Criteria. Response: A State may close a case if it meets one or more of the requirements specified at 303.11. Comment: One commenter objected to the minimum requirement of "one'' attempt to contact the non-IV-A recipient of services by regular mail on the basis of the commenter's belief that the Postal Service provides poor mail service to low income communities. Dated: October 21, 1998. Case Closure Matrix How It Works 1. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. Anyone may apply for IV-D services. 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[.]'' 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. 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 a case is closed it means that CSSD will no longer provide services for that case. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 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 there are arrears owed to the State, CSSD will leave the case open and continue to enforce those arrears, but will stop enforcing current support and arrears owed to the PRS. . By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. Commissioner 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. 303.11(b)(4)(ii). States must indicate in the case record when the status of the case changes. 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.). 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. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. In light of these considerations, this recommendation was not adopted. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. (3) Newly redesignated paragraph (b)(11). Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. 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. Passport Denial Program (PDP): Passport Denial Program. Staff should prepare families for a formal closing process. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. 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. Because of this directive OCSE is unable to adopt the suggestion of this commenter. The case worker will send the closure request to the Responding State via CSENet or regular mail. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. In the case of the food stamp program, the Act. Redirection of payments is accomplished by the second State using the Interstate Child Support Enforcement Transmittal form to request redirection by the first State of any payments received from the third State. 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. These commenters were concerned that, in the event the identity of the biological father remained unknown following the IV-D interview of the recipient of services, the recipient of services would be determined to be not cooperating with the State IV-D agency for purposes of TANF eligibility. Federal self-assessment regulations require that at least 90 This rule does not contain information collection provisions subject to review by the Office of. Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? 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. A person who seeks to initiate court proceedings against another person. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. allowed to continue to use certified mailings for their case closure notices. 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. 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? 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). When a case is closed it means that CSSD will no longer provide services for that case. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Comment: One commenter requested the final rule include a definition of the term "good cause.''. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? 2. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. 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. 3. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. 3. * * * * *, (iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with 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. In addition, some IV-D actions (e.g., paternity establishment, Federal and State income tax refund offset process) may be possible while the noncustodial parent is incarcerated. Question 30: If a State has complied with the case closure criterion at 303.11(b)(5), may it close a IV-D case regardless of the existence of a support order or the amount of past due support? The following examples of such fact patterns were received: when the obligor, obligee or child has died; when the obligor's duty to support the child has been terminated by a court; when the obligor and obligee reconcile; and when the child leaves a IV-E funded foster care placement. A parent does not have to pay current child support for an emancipated minor. This section describes IV-D cases in which no action can be taken at the present time. REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. 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?
Judson Isd Football Tickets, Tdecu Atm Withdrawal Limit, Mobile Homes For Rent In Merced County, How Often Do Hurricane Hunters Fly Into Storms, Gabriel Marcel Hope Quotes, Articles Y