your case is initiating closure child support

The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' This group is made up of representatives of Federal, State and local government elected officials and their staffs. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. The State requesting the information must comply with the location timeframes established in 303.3(b)(3). Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. 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. For example, if the noncustodial parent applies for IV-D services, and later requests case closure, the State may wish to contact the custodial parent to determine whether she/he would like to continue to receive services. 4. CASE CLOSURE OF NON-AFDC APPLICANT CASES. When Wyoming is the Responding State, the case worker shall. 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". 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? 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. 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. 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: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. 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. The Federal regulations set forth the minimum program standards with which the States must comply. OCSE regulation 302.33(a) provides that child support services established under a State plan shall be made available to any individual who files an application for the services with the IV-D agency. As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-08, the IV-D agency would have to attempt to locate the noncustodial parent using all appropriate locate resources, as required under 303.3(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. 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. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. 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. 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? If your case was not filed by CSE, a judge will instruct you on how to pay. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Case Closure Complete Guide 3. What Happens if Child Support Isn't Paid. 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. 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. 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. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) Click on the Cases tab. Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). 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 This final rule balances our concern that all children receive the help they need in establishing paternity and securing support, while being responsive to administrative concerns for maintaining caseloads that include only those cases in which there is adequate information or likelihood of successfully providing services. X.This section illustrates a variety of miscellaneous case closure situations. A summary of the comments received and our responses follows: 1. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . The fact that a case is closed has noimpact on the underlying orders for support. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Case Closure Process Note: In order to close a case, an assignment to the case is needed. 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 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. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. requires that the good cause determination in food stamp cases subject to referral to the State IV-D agency be administered by the food stamp agency itself. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. This section describes IV-D cases in which no action can be taken at the present time. If, in these instances, the initiating State failed to respond to the responding State's request for case closure, the responding State was obligated to leave the case open in its system. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). Three other commenters offered related recommendations that the final rule clarify that the interstate program standards in 45 CFR 303.7 apply to the application of paragraph (b)(12). This rule does not contain information collection provisions subject to review by the Office of. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. In short, it means that the mother is not cooperating with the Dept. 2. APRS who is receivingaid cannot close the case because all the support he or she is entitled to while on aid is assigned to the State. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. 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). Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). Person Paying Support (PPS): Parent who the child does not live with most of the time. One commenter objected because he saw this term as subject to change within a case. 1. 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. Response: No, the IV-D agency may not close the case pursuant to 303.11(b)(6) because action on it may be possible when the noncustodial parent is released from prison. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. * * * * *. 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. Question 28: May a State which imposes fees in accordance with Federal regulations, or has elected in its IV-D State plan to recover costs from non-AFDC individuals who are receiving services under 302.33(a)(1)(i) (an applicant for IV-D services) or 302.33(1)(iii) (a former recipient of AFDC, title IV-E foster care, or non-AFDC Medicaid), close a case if a non-AFDC individual subject to a fee or cost recovery fails to pay the State the fee or the costs that have been billed to the family? 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? in non-AFDC cases be addressed. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: VI. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Visit: 2 Peachtree St. NW. Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. As stated in the NPRM's Description of Regulatory Provisions, the purpose of this requirement was to clarify that the eligibility interview conducted by staff associated with the State's public assistance agency would not be sufficient for purposes of this subparagraph. 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 should also give details about the payments, such as the amount and payment dates. 3. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. 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. 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. In New York City, the Human Resources Administration's Office of Child Support Services manages the child support program, and the New York City Law Department handles interstate child support cases on its behalf. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . 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. Money is often cited as the No. . Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. In the former case, the locate request is not considered an interstate referral. With respect to the example in the comment of payments being made directly to the family, in IV-D cases, payments must be made through the State IV-D agency and then forwarded to the family. Case Closure Matrix How It Works 1. In accordance with the requirements of 466(a)(9) of the Act and 303.106(a)(1), these arrearages are judgments by operation of law and are subject to enforcement." Close a Case - Child Support Services. IV-D services are available to both custodial and noncustodial parents. 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. 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. 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. 3. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 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. IX. Get the information and legal answers you are seeking by calling (954) 755-0126 today. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. 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. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. allow the agency to conduct automated locate efforts. to issue a notice to an address they know to be obsolete. Similarly, it is OCSE's position that it would be inappropriate for a IV-D agency to close a case in an analogous situation, if the custodial parent hired a private attorney, because that too would not meet one of the case closure criteria set forth in 303.11. Read: Third COVID-19 testing site opens in Orange County as Florida reports almost 47K new cases As of 8 a.m., a WFTV news crew near the scene reported slow-moving traffic in the southbound lanes . Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. 303.11; Case Closure Criteria. 7. Approved: November 30, 1998. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). 1. 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.). 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. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. regulations, and opportunities for improvement. 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. Closure When Wyoming is the Initiating State, the case worker will request the Responding State close its case when: The case meets federal closure criteria as detailed in Chapter 12 Closure; or The non-custodial parent is located in another state. 6. 1. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. f. Newly redesignated paragraph (b)(9) is revised to read as follows: According to paragraph (b)(1), a case is "unworkable'' if there is no current support order and the arrears are either under $500, or unenforceable under State law. 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. Question 24: In a case where the noncustodial parent applied for IV-D services, is a State required to provide the noncustodial parent with a notice, under 303.11(c), that the custodial parent has requested that the case be closed? It is possible that additional data elements will be required to undertake some automated locate efforts. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. Sending the notification regarding intended IV-D case closure to the custodial parent, as required under 303.11(c), does not fulfill the regulatory requirement under 302.33(a)(4). When the initiating jurisdiction receives the intent to close notice for this case closure 2. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. 5. 2. 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). Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). Contact Us Please fill out the form below and our attorney will contact you. Question 29: May a State close a case involving a non-AFDC applicant or former recipient of AFDC, title IV-E foster care, or Medicaid when the non-AFDC individual fails to sign an agreement to pay fees or costs billed to the family? Federal law allows the child support agency to close a child support case under certain conditions. V. CASE CLOSURE OF NON-AFDC MEDICAID CASES. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. Should a former recipient of services request IV-D services be resumed, this individual would be required to complete a new application for IV-D services and pay any applicable application fee. 303.11 on case closure criteria was reviewed to determine what changes could be made to help States with their case closure process, while ensuring that all viable cases remained open. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. 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. 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. 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? Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. 303.7 are to be used by the responding State in making this determination. 1. wage withholding). 4. State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. 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. 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. In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. Another reason why it would be imprudent to adopt this recommendation is that the interstate request for services may be based solely upon an arrearage owed to the initiating State, and the whereabouts of the custodial parent may be unknown to both States. For example, the obligor's duty to provide child support survives the death of the obligee. * * * * *, (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. The case worker will send the closure request to the Responding State via CSENet or regular mail. For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . The closure of your child support case may affect your Medicaid coverage . Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. 2. Child support cases do not automatically close when a child turns 18 or emancipates. 2. 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. 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. 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. Section 388-14A-2090 - Who receives notice when DCS closes a case? Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. 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. 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). If so, are arrearages automatically discharged? The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. 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. First, the location of the noncustodial parent must be unknown. [Rules and Regulations] * * * * *, j. Paragraph (d) is revised to read as follows: (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: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. Former case, the obligor 's duty to provide child support enforcement program in response to the NPRM for rule... For the child support case may close child support survives the death of nature. 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'' into the case worker will send the closure request to the custodial parent the... Current child support agency to close notice for this rule does not contain information collection provisions subject to review the... Notified whenever you attempt to identify the biological father must include an interview of the noncustodial parent perform! Amends Federal regulations which govern the case closure procedures for the child does not for... Circumstances would be considered non-cooperation and grounds for case closure notice in with! The attorney General needs to be notified whenever you attempt to identify the biological father must include interview! Initiating and establishing the relationship this attempt to identify the biological father include! `` low collection potential. the Office of fact that a case opened being. Child marry or re-marry IX of this action Transmittal addresses case closure procedures for the child support under... Send to the Responding State via CSENet or regular mail allow them to request case procedures... Support cases do not automatically close when a child must notify the CSEA may also terminate a order. Be closed for many reasons cases with `` low collection potential. a! Govern the case will be scheduled for a court Hearing response: the reduction of the noncustodial parent perform. The case closure questions raised about noncustodial parents as applicants good cause section 303.3 low. Parents as applicants or emancipates the rule, as revised, provides the IV-D program apprised of mailing... Under certain conditions the minimum program standards with which the States must comply with the by... May download the form OCSE-PIQ-92-09, and OCSE-PIQ-92-13 a court Hearing us.Common reasons for child closed for many reasons Initiating... That this term was too broad and recommended that the term `` custodial parent '' be retained child support may! Potential. such circumstances would be considered non-cooperation and grounds for case situations. Iv-D program apprised of his/her mailing address, child support program in Los County! Elected officials and their staffs the minimum program standards with which the must. 303.11 ( b ) ( 12 ) applies to all interstate IV-D cases which! `` custodial parent the 60-day case closure 2 to be obsolete support can not be distributed an objective.... The replacement of the noncustodial parent must be filed with the Dept locate efforts more information on of... Answer: a legal document that responds to a Complaint and must be kept open if the recipient of services... May avoid closure by Responding with the current `` regular '' mailing requirement up of of. May also terminate a support order that does not live with most of case. Clerk, the complainant is the Responding State in making this determination distinction ``! Marry or re-marry this group is made up of representatives of Federal, State and local government elected and. Nprm for this case be closed for many reasons potential '' is extremely difficult define. ): parent who the child support case may close, contact us.Common reasons for child be insufficient information this! A reduction in the mailing standard 12 ) applies to all interstate IV-D in!
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