Emancipate: Refers to legal emancipation, which frees a minor child (under 18) from the parents control if the minor marries, joins the armed forces, or gets a court order of emancipation. The IV-D agency must maintain documentation of the recipient's consent in the case record . Response: No. Contents There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. Response: As discussed in the preamble to the NPRM, the establishment of the new case closure criterion that appears at subparagraph (b)(4)(ii), which allows a case to be closed after one year when the location of the noncustodial parent is unknown and insufficient information exists to conduct an automate locate effort, was made at the request of the IV-D Directors' Association. 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. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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. 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? 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. Under 303.7(b)(4), the initiating State must furnish the responding State with the additional information, or notify the responding State when the information will be provided within 30 calendar days of receipt of the request. 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. 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. 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. * * * * *. 303.11(b)(4)(ii). III-VII.These sections offer examples of case closure involving IV-D cases on behalf of AFDC recipients, former AFDC recipients, non-AFDC Medicaid recipients, Title IV-E foster care recipients, and non-AFDC applicants for IV-D services, respectively. 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. The division of child support may register an order from a tribe or another state or country for enforcement or modification. AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. What Happens if Child Support Isn't Paid. This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. 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. (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 . For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. 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. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. Response: There is no residency requirement for receiving IV-D services. The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). 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. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. 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. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. For these reasons, OCSE has decided not to adopt this recommendation. It is possible that additional data elements will be required to undertake some automated locate efforts. Title IV, Part D of the Social Security Act (42 U.S.C. . NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. 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. 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? 4. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. (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 . 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. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. 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. In other words, when the IV-D agency is unable to contact the non-IV-A recipient of services during a 60 calendar day period, the IV-D agency may not automatically close that case without first complying with the requirement in paragraph (c) by providing the recipient of services 60 calendar days to respond to a written notice of the State's intent to close the case. The commenter was questioning whether this term meant more than a name. It is not appropriate for a State to close a case upon the occurrence of the criterion set forth in paragraph (b)(10) without fully complying with the requirements of paragraph (c). This section describes IV-D cases in which no action can be taken at the present time. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Serve: Deliver legal paperwork to a party. Case Closure Desktop Guide 4. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. The family may have no other mailing address through which it could receive notice of case closure. 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. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. in non-AFDC cases be addressed. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross 4. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. In short, it means that the mother is not cooperating with the Dept. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. Question 8: If the custodial parent moves from one State (State A) to another State (State B) and the noncustodial parent resides in a third State (State C), what are the responsibilities of State A to provide IV-D services under Federal regulations? 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. Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). 1. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. 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. 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.). 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. 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. Section 303.11 is amended as follows: 2. 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. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. 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. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. 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. SUBJECT: Clarification of Case Closure Criteria. (10) In a non-IV-A case receiving services under Sec. The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. Toll-Free: (877) 423-4746. Case Closure Matrix How It Works 1. 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. 1. The closure of your child support case may affect your Medicaid coverage . 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. Case Closure Matrix How It Works 1. Federal regulations, under 302.33(a)(4), require that 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 notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. A parent does not have to pay current child support for an emancipated minor. 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). The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. 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. Response: No. (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. Prosecutor's Office may cancel the case closure process in the statewide child support system. 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. The calculator is based on child support guidelines set by law in California. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. 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)? Using the proceeds from your ex's new job to pay child support. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. Comment: Two commenters responded to the NPRM by asking that paragraph (c) exempt a number of factual situations from the requirement that a notice of case closure be sent. Thirty-one individuals or organizations provided comments to the proposed rule. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. 303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. 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 In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. Please note that the preamble language contains an error that occurred during printing. 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. 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. 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. Since the criteria is the same for both subsections, the distinction is unnecessary. HTML PDF: 388-14A-7115 Nevertheless, notice to both parents is not precluded. 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. 651 et seq.). For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. allow the agency to conduct automated locate efforts. Customer Online Services Portal. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. This Action Transmittal is organized as follows: I. Question 3: May the IV-D agency close a case, with an order already established, in which the noncustodial parent is unemployed and has no other income or attachable assets? 3507(d)). II. * * * * *, (b) * * * Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? * * * * *, j. Paragraph (d) is revised to read as follows: Comment: One commenter requested that the 60 calendar day notice of case closure time frame appearing in paragraph (c) be reduced to a period of 30 calendar days. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 Such a case is open and being worked by only one State. 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. Why not to fight your ex for child support, alimony or other money. * * * * *, (b) * * * Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? 605(b), as enacted by the Regulatory Flexibility Act (Pub. 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. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 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. The fact that a case is closed has no impact on the underlying orders for support. 6. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. X.This section illustrates a variety of miscellaneous case closure situations. Congress made it clear that determinations of good cause were to be "defined, taking into account the best interests of the child, and applied'' by the State agency. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? What Happens if Child Support Isn't Paid. wage withholding). 2. 2. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 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. Responding case, use transmittal#2 to other state acknowledging closure as closure letter Give to Supervisor for closure approval and case note CP REQUEST CLOSURE: Yes NA 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. Comment: One commenter requested the final rule include a definition of the term "good cause.''. Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. There is no order of support. 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.
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