This second letter is separate from the letter of contact described in paragraph (b)(10). AT-98-30 Publication Date: December 28, 1998 U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement Section 303.11 is amended as follows: 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. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. 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 . HTML PDF: 388-14A-7115 A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. 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. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). Response: There is no residency requirement for receiving IV-D services. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. Step 3: Indicate the full name of the parent paying child support and the name and age of your child. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. Under this paragraph, a case would not be available for closure if the resident address of the noncustodial parent was known but the IV-D agency was unable to locate any assets attributable to the noncustodial parent. 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. 5. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. These are the individuals to whom the IV-D agency is required to send the child support collection. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. The final rule adds a new paragraph, (b)(12) to Sec. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. 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. To find out if your case may be transferred, contact your current CSEA. 303.11. 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. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] Each State has laws designed to afford protection to the general public, including civil servants. of Revenue. 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. 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. 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. Toll-Free: (877) 423-4746. As stated above, in response to comment #5 (General Comments), the Enumeration Verification System will assist States in the identification of missing or incomplete social security numbers. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? Paragraph (b)(5) is redesignated as paragraph (b)(4). Visit: 2 Peachtree St. NW. 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). Response: The reasoning behind the paragraph (c) requirement that the recipient of services receive notice of the case closure is based upon the duty of the IV-D agency to keep the recipient of services informed of the actions undertaken on his/her child support case. 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. 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. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. In the former case, the locate request is not considered an interstate referral. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. 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. Response: No. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. 2. When a case is closed it means that CSSD will no longer provide services for that case. L. 104-4, OCSE formed a regulation reinvention workgroup to exchange views, information and advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. program in establishing paternity and securing support, for which you may be sanctioned. Case Closure Process Note: In order to close a case, an assignment to the case is needed. In light of these considerations, this recommendation was not adopted. The case worker will send the closure request to the Responding State via CSENet or regular mail. regulations, and opportunities for improvement. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. In general, an Answer can be used to ask for genetic testing or a chance to go to court about the amount of child support. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. 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. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' Intergovernmental Closure Actions: From Initiating Agency: 1. Response: No. 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. 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. Contact Us Please fill out the form below and our attorney will contact you. Section 388-14A-2090 - Who receives notice when DCS closes a case? 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. 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. (Catalog of Federal Domestic Assistance Programs No. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. Review a case for closure as allowed by federal regulation (See Chapter 12 Closure for details on each closure type); Close the case on POSSE, if appropriate; and. 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. The Federal regulations set forth the minimum program standards with which the States must comply. 1. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). Enforcing Child Support Orders. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. Click on the Child Support Enforcement Message Center link. There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. 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. 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). 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. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. This group is made up of representatives of Federal, State and local government elected officials and their staffs. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. 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). 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. 3. Response: Once the IV-D agency has closed a case pursuant to an appropriate case closure criterion under 303.11, it need not continue to provide enforcement services. Person Paying Support (PPS): Parent who the child does not live with most of the time. Local child support agencies monitor cases to ensure court orders are being followed. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. Browse related questions 0 attorney answers Sponsored Listings Advertising 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. [Page 11810-11818] Comment: One commenter suggested the addition of a new criterion for case closure. 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. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Passport Denial Program (PDP): Passport Denial Program. Money is often cited as the No. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case 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. IV-D services are available to both custodial and noncustodial parents. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. In addition, information provided by the custodial parent such as former addresses or employers could lead to identification of the noncustodial parent's social security number. (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. CASE CLOSURE OF NON-AFDC APPLICANT CASES. (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 . 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. Certainly one of these resources is the recipient of services. 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. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. Dated: October 21, 1998. 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. 1. Response: No. Response: OCSE concurs with both of these suggestions. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. Question 22: Because of the way some States have designed their automated systems, it is very common for them to close one case on a family and to immediately open another. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Policy. * * * * *, (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. Comment: One commenter objected to paragraph (b)(4) on the basis that it assumes a level of State automation which does not currently exist. If arrears (past- due support) are owed those arrears must be paid to the PRS. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. One commenter objected because he saw this term as subject to change within a case. 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. 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 . 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. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. 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. 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.
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