your case is initiating closure child support

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. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. Therefore, for purposes of 303.11, if the applicant for services was not the custodial parent, States should substitute the applicant for services whenever 303.11 refers to the custodial parent. When case closure is appropriate, the IV-D agency must also document the circumstances of the custodial parent's noncooperation, and notify the custodial parent in writing within 60 calendar days prior to closure of the State's intent to close the case in accordance with 303.11(c). 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. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. The States have been successful in implementing this standard of review and OCSE has no reason to believe that this standard, when applied to an initiating State as opposed to a custodial parent, will become problematic. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. * * * * *. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. There are several ways to enroll. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). Response: No. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; Title IV, Part D of the Social Security Act (42 U.S.C. This will open the Maintain Case page. If your case was not filed by CSE, a judge will instruct you on how to pay. As noted above, one State responded to the NPRM with the request that they be. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. Question 16: In a former AFDC case, where a family is receiving continued IV-D services, the IV-D agency misdirected a child support collection to the former AFDC family when the collection should have gone to another IV-D case. When the arrearages are fully collected, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests and there is no assignment to the State of arrearages which accrued under a support order. However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. However, for purposes of this paragraph the data elements required for an automated locate effort are simply the individual's name and social security number. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. In light of these considerations, this recommendation was not adopted. In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. In some states, the complainant may also be referred to as the "petitioner." . You should also give details about the payments, such as the amount and payment dates. 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. As we stated in OCSE-PIQ-91-14, Federal policy for case closure, under 303.11(b)(2), allows a case to be closed if there is no current support order and the arrearages are under $500 or unenforceable under State law. 4. The case must be kept open if the recipient of services or the initiating State supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is reestablished with the recipient of services. In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. 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. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. The case worker will send the closure request to the Responding State via CSENet or regular mail. 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. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. 5. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for 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. In accordance with 302.33(a)(4), whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. You are supposed to. The closure of your child support case may affect your Medicaid coverage . Administration for Children and Families Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. 3507(d)). 3. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. 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. 1. 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. 4. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. 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? , GA 30303. We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. The Federal regulations set forth the minimum program standards with which the States must comply. 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. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. Response: As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-05, Federal policy distinguishes between cases in which the incoming locate request is made directly to a State's parent locator service by another State (i.e., "quick locate," as described in OCSE-AT-91-09) from those cases in which the request is received through the responding State's central registry as an interstate referral. II. Another commenter offered a related suggestion. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. (10) In a non-IV-A case receiving services under Sec. Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. regulations, and opportunities for improvement. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. This commenter suggested that the State IV-D agency be authorized to close a case when the obligor presented a risk of serious harm to State or local IV-D staff. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. 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. It is possible that additional data elements will be required to undertake some automated locate efforts. 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. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. Click here for step-by-step instructions **. A summary of the comments received and our responses follows: 1. [Page 11810-11818] 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. 6. [ ] The initiating agency has closed its IV-D intergovernmental case because . Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. A child support agency may take increasing enforcement action, usually starting with . 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? Policy. 12.1 Preparing for Termination of Services. Although 303.11(b)(9) permits case closure at the request of the individual receiving non-AFDC IV-D services, such requests must be voluntary on such individual's part. * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. 7. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. Specifically, these commenters asked if an entity working with the IV-D agency via a cooperative agreement would qualify as IV-D staff? Each State has laws designed to afford protection to the general public, including civil servants. * * * * *, (b) * * * This rule does not contain information collection provisions subject to review by the Office of. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. 1 thing divorcing couples fight over. 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. Section 118203 - Requirements for Case Closure (a) Each local child support agency shall establish and use a system for closing Title IV-D cases and shall close any case when it meets at least one of the following case closure criteria: (1) There is no longer a current support order and no arrearage payments were made in the preceding twelve consecutive months, and assigned and unassigned . Response: As we stated in response to a similar question in OCSE-PIQ-90-08, in a non-AFDC IV-D case with no assigned arrearages or medical support assignment, if the initiating State either provides no reason or one that does not conform with any of the closure criteria of 303.11(b), the responding State may close the case pursuant to 303.11(b)(9), which permits case closure at the request of the custodial parent where there are no assigned arrearages. Serve: Deliver legal paperwork to a party. 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. 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. 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. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. 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? When these two factors came into direct conflict, we attempted to resolve the issue in favor of keeping a case open if there is a chance of success. Response: OCSE has decided not to adopt this suggestion. In redesignated paragraphs (b)(8), (b)(10) and (b)(11) the term "custodial parent'' is revised to read "recipient of services'' to reflect that Title IV-D child support enforcement services may be requested by either the custodial or noncustodial parent. 1. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 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. Find a Local Office. There is no order of support. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). 3. 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. 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. 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. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. If you are a recipient of Medicaid benefits, your continued cooperation with the child support enforcement program is a prerequisite to your ongoing eligibility to receive Medicaid. 3. 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? NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. An Office of the Administration for Children & Families, 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. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. 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. 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. 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.). [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] of Revenue. 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. This will open the Case Closure page. lacounty.gov     Customer Contact Center (866) 901-3212     ADA Assistance. As part of the regulation reinvention effort, Sec. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. State A may close its case after it receives notice that State B is providing IV-D services to the custodial parent and has established an interstate case with State C. State A should clearly indicate the reason for the case closure in the case record. Q. It is meant to be illustrative and is not intended to be exhaustive. R. Jason de Groot. When the initiating jurisdiction receives the intent to close notice for this case closure Case Closure Checklist Why Didn't My Case Close 2. Response: No. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. program in establishing paternity and securing support, for which you may be sanctioned. 2. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. . Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. 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). However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. 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. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. 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. 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 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. 3. Redesignated paragraph (b)(10) allows a nonassistance case to be closed when the State IV-D agency is unable to contact the service recipient within a 60 calendar day period despite an attempt by at least one letter, sent by first class, to the service recipient's last known address. 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. 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. For these reasons OCSE decided not to adopt this recommendation. Click on the case name hyperlink. Proceed with closure of your responding IV-D SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. 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