GIVING HOPE AND SUPPORT TO AMERICA'S CHILDREN
HANDBOOK ON CHILD SUPPORT ENFORCEMENT
U.S. Department of Health and Human Services
Administration for Children and Families
Office of Child Support Enforcement
Washington, D.C. 20447
The Child Support Enforcement (CSE) Program is a Federal/State/local
partnership to collect child support: we want to send the strongest possible
message that parents cannot walk away from their children. Our goals are
to ensure that children have the financial support of both their parents,
to foster responsible behavior towards children, and to reduce welfare
costs.
The CSE Program was established in 1975 as Tide IV-D of the Social Security
Act. It functions in all States and territories, through the State/county
Social Services Department, Attorney General's Office or Department of
Revenue. Most States work with prosecuting attorneys, other law enforcement
agencies, and officials of family or domestic relations courts to carry
out the program at the local level.
State Child Support Programs locate noncustodial parents, establish
paternity, establish and enforce support orders, and collect child support
payments. While programs vary from State to State, their services are available
to all parents who need them.
The Federal Office of Child Support Enforcement is part of the U.S.
Department of Health and Human Services. It helps States develop, manage,
and operate their programs effectively and according to Federal law. The
Office pays the major share of State program operating costs, provides
policy guidance and technical help to enforcement agencies, conducts audits
and educational programs, supports research, and shares ideas for program
improvement.
We believe that child support enforcement provides hope as well as support
to America's children. We dedicate this Handbook to the millions
of parents who put their children first by responsibly providing for their
emotional and financial support.
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA) included provisions to ensure that more children have
paternity and child support orders established and receive financial support
to cover their basic needs. The new cash assistance program, Temporary
Assistance to Needy Families (TANF), that has replaced Aid to Families
with Dependent Children (AFDC), is time limited. Child support provisions
of the new law are designed to ensure that those noncustodial parents who
have not done so will take a fair share of the responsibility for the financial
support of children.
I. INTRODUCTION
How to apply for child support enforcement services...what they cost
II. FINDING THE NONCUSTODIAL PARENT: LOCATION
The initial search Federal and State Parent Locator Services
III. ESTABLISHING FATHERHOOD: PATERNITY
Benefits necessary evidence voluntary acknowledgment
IV. ESTABLISHING THE SUPPORT ORDER: OBLIGATION
Determining the amount...changing the amount
V. ENFORCING THE SUPPORT ORDER: ENFORCEMENT
Techniques that work
VI. WORKING ACROSS STATE LINES: INTERSTATE COOPERATION
How to collect payments in another State... tracking your case
VII. CHILD SUPPORT ENFORCEMENT
FOR NATIVE AMERICAN CHILDREN
VIII. CONCLUSION
Glossary of Child
Support Enforcement Terms
State Child Support Enforcement
Offices
Regional
Offices of the Office of Child Support Enforcement
Are you a parent--divorced, separated or never married-with children
to support?
Do you need help to get a child support order?
Do you need help to collect child support payments from the parent
who has an order to pay?
States must use proven enforcement tools on behalf of Families who
apply for child support enforcement services. The Child Support Enforcement
(CSE) Program is run by State Human Services Departments, Attorney General's
Offices, or Departments of Revenue. To learn more about the program or
to apply for child support services, call your local CSE office. Check
the county listings in your telephone book to get the telephone number,
or call or write the State CSE Agency listed at the back of this Handbook.
(CSE Agency toll-free numbers, when available, are listed too.)
For the most part, child support enforcement problems
are handled according to State and local laws and practices. States often
can use administrative procedures* or other legal processes for
establishing and enforcing support orders more quickly than is usually
possible with court proceedings.
In this Handbook, you will find the basic steps
to follow to establish paternity and obtain a support order, and to collect
the support due, whether you are working with your State or local CSE Program
or your own attorneys. The Handbook is organized so that you can refer
directly to the sections you need.
Your State's Child Support Enforcement Program is available to help you:
* Words in italics are defined in the Glossary
beginning on page 39.
Problems such as property settlement, visitation and custody are not, by themselves, child support enforcement issues and the CSE Program generally cannot enforce court orders relating to them. Parents must deal with these issues through the courts or other systems set up by the State.
Today, about 85 percent of custodial parents are women and 15 percent of custodial parents are men. As you go through this Handbook, remember that either parent may have been awarded primary custody by the court.
REMEMBER: The more you know about child support enforcement, the
more you take an active
role in getting information to your caseworker and asking questions
about your case, the more success you will have in obtaining regular and
full child support payments for your children.
The person you will be working with at your enforcement office may be called a caseworker, investigator, enforcement worker, collection specialist, or child support worker. The term "caseworker" will be used in this Handbook. Also, the words "court" or "judge" mean the official agency having the authority in your State to make legally binding decisions.
Who can get help?
Any parent or person with custody of a child who needs help to establish a child support or medical support order or to collect support payments can apply for child support enforcement services. People who have received assistance under cash assistance programs - Aid to Families withDependent Children (AFDC), or the new Temporary Assistance for Needy Families (TANF) (we will refer to these as "cash assistance" in this Handbook), or Medicaid or Federally-assisted Foster Care programs are automatically referred for child support enforcement services.
An unmarried father can apply for services to establish paternity--a legal relationship with his child.
A noncustodial parent whose case is not in the CSE Program can request services to make payments through the Program. Doing so can ensure that there is a record of payments made.
Where do I apply for help in obtaining child support?
Through your local child support enforcement (CSE) office. The number can be found in your telephone directory usually under the State/County social services agency.
Is there an application fee?
People receiving assistance under Medicaid, Foster Care, or cash assistance programs do not have to pay for CSE services. For all others, a fee of up to $25 is charged, although some States absorb all or part of the fee or collect payment from the noncustodial parent.
Are there any other costs?
Because child support agencies may recover all or part of the actual costs of their services from customers who are not in a public assistance program, there may be other costs to parents. These can include the cost of legal work done by agency attorneys and costs for locating a noncustodial parent. Such costs may be deducted from the child support before it is sent to you or may be collected from the noncustodial parent. Not all States recover the costs of their services. Your local CSE office can tell you about the practices in your State.
My State recovers costs from the custodial parent. How will I know how much will be deducted from my support checks?
Your caseworker should be able to estimate the costs involved in your case, and give you an idea of how much they will deduct from each check before sending it to you.
Will I receive the entire amount of support paid?
If you have not received cash assistance, you will receive the total child support payment (less any fees the State may collect). If you are receiving cash assistance, check with your State CSE Agency. Some States will give you the entire child support payment and reduce your assistance payment, others will keep the entire amount and not reduce the assistance payment. If you are not receiving cash assistance now but did in the past, if amounts are still owed to the State, any support collected beyond the amount ordered for current support may be used to reduce the arrearages owed.
Will there be an extra cost if the enforcement agency is dealing with the enforcement agency in another State?
There may be extra costs if more than one State is handling your case. Ask your caseworker to estimate these costs, if any.
Will the enforcement agency keep track of my child support payments to make sure they keep coming? I am not in a cash assistance program.
CSE offices are required to monitor payments to make sure they are made regularly and fully. But you should inform the agency if payments are late or in the wrong amount, or if you receive payments directly. When you monitor your case, you can keep the CSE office informed so that it can act quickly if needed.
I'm getting a divorce and my spouse wants me to pay child support directly to her. Can I insist on paying through the CSE office?
You should send your payment to whomever is specified in the child support order. Since January, 1994, support orders must include a provision for wage withholding unless both parents and the courts agree on another payment method. If your order does not call for wage withholding, you can request this service. If you do, you will have a record that you have made payments as required. If you are self-employed, you may be able to arrange for an automatic transfer of funds to the child support agency through electronic funds transfer. Either parent can apply for CSE services, which include receiving and distributing payments.
The noncustodial parent lives across the State.
I cannot afford to take the time off from work or travel there for a child
support hearing. How can I get enforcement of my child support?
Most local CSE offices handle enforcement in different jurisdictions in the same State without your having to travel outside your own jurisdiction. Ask your local CSE office for details about how enforcement would work in your case.
I am applying for cash assistance. Do I have to provide information about the father?
To be eligible for assistance, you must provide information to help to identify the father and collect child support from him. Any child support collected will be used to help support your children--going either directly to you or to repay the State for your assistance grant. Your State CSE Agency will explain how the child support will be used.
I am applying for cash assistance, but I am afraid that the father may hurt me or the children if I tell a caseworker who he is. What should I do?
Under some conditions, the CSE office may agree that there is "good cause" for not trying to collect support from the father. You can explain the situation to your caseworker and provide supporting information.
My children and I need money now. The noncustodial parent left us 10 years ago. Can the CSE office still take my case?
If you apply for services, the CSE office will try to find the noncustodial parent to establish or enforce a child support obligation. Be sure to give your caseworker all the information you have that might help find the parent.
If the CSE office can't find the noncustodial parent, does that mean I can't get cash assistance?
No. You can get cash assistance if you are trying to help find the noncustodial parent. Your State or local CSE Agency will tell you what information they will need you to provide in order to get assistance.
What does the child support enforcement agency need to know?
No matter where you start--establishing paternity, finding a noncustodial parent, establishing or enforcing a support order--the CSE office must have enough information to pursue your case. All information you provide will be treated in confidence. The more details you provide, the easier it will be to process your case and to collect child support payments for your children.
What documents do I need to bring to the enforcement agency?
The following information and documents will help the CSE office to locate the parent, establish paternity, and establish and/or enforce your child support order:
I'm the noncustodial parent. I love my kids.
I pay my child support. About half the time when I go to pick them up for
my weekend, my ex-wife has made other plans for them. It's not fair that
the State will enforce my child support obligation but not do anything
about my rights.
Although the CSE Program lacks authority to enforce visitation, many
State or local governments have developed procedures for enforcing visitation
orders. Also, a provision of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWOPA) makes funding available to States for
developing model programs to ensure that children will be able to have
the continuing care and emotional support of both parents. Check with your
CSE office to see what resources are available to you and to find out about
laws which address custody and visitation.
To establish the paternity of a child, to obtain an order for support,
and in most cases, to enforce that order, the CSE agency must know where
the other parent lives or works.When a legal claim is made by one person
against another, the defendant must be given notice of the legal
action taken and the steps necessary to protect his or her rights. To notify
the noncustodial parent in advance--either by certified mail or in person--child
support enforcement officials need a correct address. If you do not have
the address, the CSE office can try to find it. The most important information
that you can provide to the child support office is the noncustodial parent's
social security number (SSN).
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA) has given us an important new tool for locating parents
who owe child support. It requires State and National Directories of newly
hired employees. Employers will be required to report their employees within
20 days of their hiring to a State Directory of New Hires. The State Directory
will report the information to a National Directory of New Hires provided
by the Federal Office of Child Support Enforcement.
State CSE Agencies, with due process and security safeguards, have access
to information from the following:
state tax files
real and titled personal property records
occupational and professional licenses and business information
employment security agency
public assistance agency
motor vehicle department
law enforcement departments
I think the noncustodial parent is still
in the area. What information will the enforcement office need to find
him?
Most important is the SSN and an employer's name and address; also
helpful are the names, addresses and phone numbers of relatives, friends,
or former employers who might know where he/she works or lives. Unions
and local organizations, including professional organizations, might also
have information.
What if I don't have the SSN?
Social security numbers are now required on applications for processional
licenses, commercial driver's licenses and marriage licenses, on divorce
records, support orders, paternity determinations or acknowledgments, and
death records.
If none of these is available, or the SSN was not yet required when
the document was issued, the CSE office can subpoena information about
bank accounts, insurance policies, credit cards, payslips, or income tax
returns. If you and the other parent filed a joint Federal income tax return
in the last three years, the CSE office can get the social security number
from the IRS. Your caseworker may be able to get the SSN with at least
three of the following pieces of information: the parent's name, place
of birth, date of birth, his/her father' name, and his/her mother's maiden
name.
What if the noncustodial parent cannot be found
locally?
Your CSE office will ask the State Parent Locator Service (SPLS)
to
search. Using the social security number, the SPLS will check the records
of State agencies such as motor vehicle registration, unemployment insurance,
income tax, and correctional facilities. If the SPLS finds that the parent
has moved to another State, it can ask the other State to search, or send
a request to the Federal Parent Locator Service (FPLS).
What resources does the FPLS have?
The FPLS can search for addresses in the records of the Internal
Revenue Service, the Department of Defense, the National Personnel Records
Center, the Social Security Administration, the Department of Veterans
Affairs, and State Employment Security Agencies. States will be reporting
newly hired employees to a National Directory of New Hires, which, as of
October 1, 1997, will be a part of the FPLS.
Can my lawyer or I ask the FPIS to find an address for the other parent?
Not directly. However, you or your attorney can submit a request
to use the FPLS through the local or State CSE Agency.
Can State and Federal location efforts be made
at the same time?
Yes. For instance, a search can be initiated by the State to another
State and to the FPLS at the same time.
Can enforcement agencies use the Federal income
tax return to find out where the noncustodial parent lives and what he
or she earns?
Yes. Under certain conditions, the IRS, working through the State
and Federal Child Support Enforcement Agencies, may disclose to the child
support office information that income providers submit on IRS Form 1099.
This information is a valuable tool to help find a noncustodial parent
and determine his or her financial assets. The information may only be
used for the purpose of enforcing child support payments.
Information available through Form 1099 includes both earned and
unearned income, including wages, earnings on stocks and bonds, interest
from bank accounts, unemployment compensation, capital gains, royalties
and prizes, and employer and financial institution addresses. A number
of very small businesses submit 1099 asset information to the IRS, so this
can be a good source of information. Any information obtained from the
IRS must be verified through a second source, such as an employer or bank,
before the CSE agency can use it.
What will happen when the caseworker has the
current address of the noncustodial parent?
The worker will verify the home and work addresses, then ask the
noncustodial parent to come to the CSE office for an interview, or notify
him/her that legal action may be taken.
The father of my child is in the military,
but I don't know where he is stationed. Can the enforcement agency find
him?
Yes. The FPLS can provide the current duty station of a parent who
is in any of the uniformed services.
A father can acknowledge paternity by signing a written admission
or voluntary acknowledgment of paternity. All States have programs
under which birthing hospitals give unmarried parents of a newborn the
opportunity to acknowledge the father's paternity of the child. States
must also help parents acknowledge paternity up until the child's eighteenth
birthday through vital records offices or other entities designated by
the State. Parents are not required to apply for child support enforcement
services when acknowledging paternity.
Under the Personal Responsibility and Work Opportunity Act of 1996
(PRWORA) an acknowledgment of paternity becomes a finding of paternity
unless the man who signed the acknowledgment denies that he is the father
within 60 days. If it becomes necessary to seek child support, a finding
of paternity creates the basis for a child support order. A support order
against the father cannot be established for a child who is born to unmarried
parents until paternity has been established.
It is important to establish paternity as early as possible. While
CSE offices must try to establish paternity for any child up to the child's
18th birthday, it is best to do it as soon after the child's birth as possible.
If the man will not acknowledge that he is the father, the CSE agency can
order genetictesting. These tests are simple to take and highly
accurate.
What are the benefits of establishing paternity?
Paternity establishment can provide basic emotional, social, and
economic ties between a father and his child.
Once paternity is established legally, a child gains legal rights
and privileges. Among these may be rights to inheritance, rights to the
father's medical and life insurance benefits, and to social security and
possibly veterans' benefits. The child also has a
chance to develop a relationship with the father, and to develop a sense
of identity and connection to the "other half" of his or her family. It
may be important for the health of the child for doctors to have knowledge
of the father's medical history.
What will the enforcement caseworker need to
know to try to establish paternity?
The caseworker needs as much information as you can give about the alleged father and the facts about your relationship with him, your pregnancy, and the birth of your child. Some of these questions may personal States must keep the information that you give confidential.
The caseworker will also want to know whether he ever provided any
financial support, or in any other way acknowledged--through letters or
gifts--that the child was his. A picture of the alleged father with the
child is helpful, as well as any information from others who could confirm
your relationship with him.
What if he denies he is the father, or says
he's not sure?
Paternity can be determined by administrative procedures which take
into account highly accurate tests conducted on blood or tissue samples
of the man, mother and child. Genetic test results indicate a
probability
of paternity and can establish a legal presumption of paternity
These
tests have an accuracy range of between 90 and 99 percent. They can exclude
a man who is not the biological father and can also show the likelihood
of paternity if he is not excluded. Each party in a contested paternity
case must submit to genetic tests at the request of either party or the
CSE agency.
If genetic tests are necessary, who pays for
them?
If the State orders the tests, the State must pay the cost of the
testing. If the father is identified by the tests, some States will charge
him for their costs. If a party disputes the original test result, he or
she can pay for a second genetic test and the State must then obtain additional
testing.
What happens if I am not sure who the father
is?
If the father could be one of several men, each may be required to
take a genetic test. These tests are very accurate, and it is almost always
possible to determine who fathered a baby and to rule out any one who did
not.
My boyfriend is on a military base abroad and
I am about to have his baby. How can I establish paternity and get an order
for support?
You can apply for child support enforcement services at your local
CSE office. If he is willing to sign documents to acknowledge paternity
and agree to support, then enforcement can proceed by a wage withholding
order. If the man is on a naval ship or lives on a military base abroad
and will not acknowledge paternity, it may be necessary to wait until he
returns to the United States for blood work to be done.
The father of my child said I would never get
a paternity judgment on him because he'd just leave the State. What happens
in this case?
If the accused father fails to respond to a formal complaint properly
served upon him, a default judgment can be entered in court. The
default judgment establishes paternity. At the same time, a court order
for support may be issued. If the parent has disappeared, State and Federal
Parent Locator Services can be called on to help find him. States must
give full faith and credit to paternity determinations made by other states
in accordance with their laws and regulations.
My boyfriend and I are still in high school,
and our baby is 6 months old. Why should legal paternity be established
if the father has no money to support the child?
When the father gets older and starts working, he will be able to
support the child. Having paternity established legally, even if the order
for support is delayed, means collecting child support will be easier later.
My baby's father lives out of State. Can I
still have paternity established?
Yes, you can. If the baby was conceived in your State, or the father
used to live there, your State can claim "long arm" jurisdiction over him,
and require that he appear for paternity establishment. If your State cannot
claim jurisdiction, the CSE Agency can petition the State where he lives
to establish paternity. Your caseworker will be able to tell you what needs
to be done in your case.
What happens after paternity is established?
If it becomes necessary to establish a child support order, a CSE
caseworker may discuss the child's needs with the father and what he is
required to pay for child support according to the State guidelines. The
court may also include at this time the exact terms of custody, visitation,
and other parental rights.
I don't want my daughter's father in our lives.
I'd rather work two job and support my child myself than have him establish
paternity. As long a I don't receive public assistance, why does establishing
paternity matter?
There are few situations when it is not in children's best interest
to have paternity established. Knowing their father and having his emotional
and financial support is very important to children. Also, remember, the
child's father has the right to request genetic testing to prove that he
is the father and he can then establish the legal right to a relationship
with his child.
I don't have any way to support my baby without
help, but my baby's father is dangerous. I am afraid to tell the caseworker
who he is.
If you are worried about your or the baby's safety if you try to
establish paternity, if you need to be in a cash assistance program, you
may talk with your caseworker about showing "good cause" for not naming
the father.
My child's father wants to declare paternity.
Is there an easy way for him to do this?
All States offer parents the opportunity to voluntarily acknowledge
a child's paternity until the age of 18. Forms are available at the hospital
or the State vital records agency. More information is available from the
CSE agency.
If child support enforcement becomes an issue, it is necessary to
have a legal order for child support spelling out the amount of the obligation
and
how it is to be paid. Data from the United States Census Bureau show that,
of the over 11 million families with a parent living elsewhere, only 56
percent have legally binding support orders.
Establishing a support order depends on how much success you and
your caseworker or lawyer have in several critical areas, such as locating
the noncustodial parent if necessary, identifying what he or she can pay,
and determining the financial needs of the child.
States are required to have child support guidelines available
to all people who set child support amounts. Most State guidelines consider
the needs of the child, other dependents, and the ability of the parents
to pay. States must use the guidelines unless they can be shown to be inappropriate
in a particular case.
States today have arrangements for establishing the support order by an administrative procedure or other expedited legal procedure. The hearing may be conducted by a master or a referee of the court, or by an administrative hearings officer. An agreement made between the parents, based on the appropriate child support guidelines, and approved by this kind of agency generally has the same effect as one established in court. It is legally binding on the parties concerned.
The agreement that the parents make should provide for the child's
present and future well-being. It may be useful to discuss these issues
together if you can, or with a mediator or family counselor. You may call
your Child Support Enforcement (CSE) office to find out about your State's
guidelines.
How does the caseworker find out about the
other parent's income or assets? I don't know much that will help.
The caseworker will make every possible effort to identify the parent's
employment, property owned, and any other sources of income or assets.
This information must be verified before the support order is final. Under
certain situations, the IRS may provide financial information about the
parent's earned and unearned income such as interest payments and unemployment
compensation. The State CSE agency now has access to financial institution
data, such as bank accounts, and credit bureau data, which may provide
information about employers and/or assets.
I'm sure the other parent is willing to pay
support. Can we make an agreement between ourselves and present it to the
court?
If parents can cooperate and agree, all the better. You can get help
a lawyer, mediator or family counselor. The court's sole interest in your
agreement is to see that it is fair to all parties, that the welfare of
the children is protected, and that the agreement conforms with the guideline
Are the earnings of both parents considered
in setting support awards?
In some State guidelines, both parents' earnings are considered in
setting the amount of the support order. Check with your CSE office. Laws
vary from State to State, but parents who can work out a fair support agreement
between themselves will have a better chance of having their wishes recognized
in court.
My wife and I are working out a joint custody
agreement. How would the court decide the amount of child support for each
of us?
That depends a lot on the terms of your custody agreement and on
your State guidelines: some States have guideline formulas that take joint
custody into account. The same factors would apply: State guideline each
parent's ability to pay, and the needs of the child.
My husband's income is enough to support the
children and me without a drop in our standard of living after the divorce.
Do the courts consider this?
These decisions, again, are based on the State's guidelines. Of course,
parents can try to have the amount of support changed if their financial
situations change.
I just heard that my son's mother has had three
promotions in the last four years but the child support is still like it
was six years ago. Is there some way to find out when she has a raise?
CSE offices will review child support orders every three years if
either parent requests such a review. Ask your caseworker for information
about reviewing and, if appropriate, modifying your child support order.
State can adjust child support orders according to child support guidelines,
a cost of living adjustment, or automated methods determined by the State.
What can I do to get my support increased if
it is too low?
If you go to your CSE office for a modification of your order, the
income and assets of the
noncustodial parent, in many States your
financial situation, and any special needs of the child will need to be
determined. If appropriate, the agency can then seek a legal modification.
Is there a limit to the amount of money that
can be taken from my paycheck for child support?
The amount that can be withheld from an employee's disposable wages is limited by the Federal Consumer Credit Protection Act (FCCPA) to 50 percent of disposable earnings if an obligated parent has a second family and 60 percent if there is no second family. These limits are each increased by 5 percent (to 55% and 65%) if payments are in arrears for a period equal to 12 weeks or more. State law may further limit the amount that can be taken from a wage earner's paycheck.
My ex-husband has remarried and has another
family to support. How will this affect the support that my children are
due?
Even though the noncustodial parent has a second family, this does
not eliminate responsibility to the first family. In some States, the judge
may grant the noncustodial parent a decrease in the obligation based on
guidelines for child support. You should be notified beforehand and given
an opportunity to contest the proposed change. Other factors which could
lower the support order include steady employment of the child or poor
health or decreased earning ability of the noncustodial parent.
My children's father is divorcing again and
will have another child support order. We live in another State and I'm
afraid that this second order will be enforced before mine.
State guidelines may indicate how child support is to be shared when
there is more than one support order. If his income will not provide for
both orders, the amount of support for your children may be reduced, but
you will receive a share of the support collected. For orders enforced
by wage withholding, States must have a formula for sharing the available
income among the support orders. Ask your caseworker for more information.
I can't get health insurance with my job but
my ex-wife gets good benefits where she works. Can she be required to put
the children on her insurance?
Yes. The CSE agency must petition the court to include medical suppose
any order for child support when employment related or other group health
insurance is available to the noncustodial parent at a reasonable cost.
Court orders can also be modified to include health care coverage.
If you are not receiving cash assistance or Medicaid, the CSE agency
will help you enforce a medical support order if you want it to. If you
do not want its help, you may decline it. For people on cash assistance,
or Medicaid, the CSE agency must order the noncustodial parent to provide
health insurance, if it is available.
Federal law requires States to have laws which should make medical support enforcement easier. For example, insurers can no longer refuse to enroll a child in a health care plan because the parents were not married or because the child does not live in the same household as the enrolled parent. The law also created a tool that child support agencies will be able to use to establish and enforce medical support when the noncustodial parent participates in a group health plan but does not enroll the child.
This law provides that custodial parents can obtain information about coverage directly from an insurer, submit claims directly to the insurer, an be reimbursed directly by an insurer. For specific information about the laws in your State, contact the CSE office.
The father of my child is in jail. Can I get
support?
Past-due support may accumulate while the father is in jail. But
unless he has other assets, such as
property or any income such as wages from work-release program,
it is unlikely that support can be collected while he is in jail. Depending
on State law, your support order may be modified so that payment is deferred
until he is released and working.
After I pay my child support, I don't even
have enough money for decent food. When my child support order was set
I was making about $300 month more than I am now. Can I get the order changed?
Either parent can request a review, and adjustment, if appropriate, of a child support obligation every 36 months, or sooner if there has been substantial change in circumstances such as reduced income of the obligated parent. Check with your CSE office to see if your child support obligation is in line with State guidelines and ask how to request a review.
If your case does not meet the State's standards for review, either
because the order has been reviewed within three years or the change in
income is smaller than would merit an adjustment under State standards,
you may still be able to petition the courts for a hearing. In this case,
it may be helpful to have the services of an attorney. Your local legal
aid society may be able to provide low-cost counsel to parents who cannot
afford a private attorney. Also a number of States have information about
how to handle your case pro se (a legal term for representing yourself)
to have the courts determine if your support obligation should be changed.
Contact your local CSE office or the court.
A main objective of the Child Support Enforcement Program is to make
sure that child support payments are made regularly and in the correct
amount. While many noncustodial parents are involved in their children's
lives and are willing to pay child support, lapses of payment do occur.
When they do, a family's budget can be quickly and seriously threatened,
and the anxiety the custodial parent feels can easily disrupt the
family's life.
For this reason, Congress decided that immediate wage withholding
should
be included in all child support orders. (States must also apply withholding
to sources of income other than wages.) For child support orders issued
or modified through State CSE Programs, immediate wage withholding began
November 1, 1990. Immediate wage withholding began January 1, 1994 for
all initial orders which are not established through the CSE Program. The
law allows for an exception to immediate wage withholding if the court
(or administrative process) finds good cause, or if both parents agree
to an alternative arrangement. In these cases, an arrearage equal to one
month's payment will trigger withholding.
If the noncustodial parent has a regular job, wage withholding for
child support can be treated like other forms of payroll deduction--income
tax, social security, union dues, or any other required payment.
If payments are skipped or stop entirely, especially if the noncustodial
parent is self-employed, works for cash or commissions, changes employment,
or moves frequently, the CSE office will try to enforce the support order
through other means.
Subject to due process safeguards, States have laws which allow them
to use enforcement techniques such as State and Federal income tax offset,
liens
on
real or personal property owned by the debtor, orders to withhold and deliver
property that may satisfy the debt, or a seizure and sale of property with
the proceeds from the sale applied to the support debt. These methods can
be used by the CSE office without directly involving the courts.
The noncustodial parent refuses to pay child
support, but owns a good deal of property in the county. Can a lien be
issued on the property?
Yes. But you must remember a lien on property does not by itself result in the immediate collection of any money. It only prevents the owner from selling, transferring, or borrowing against the property until the child support debt is paid. However, the presence of a property lien, encourage the noncustodial parent to pay the past-due child support order to retain clear title to the property. States are now required to give full faith and credit to liens issued by another State.
Is it possible to collect the support payments
from personal property?
Under some State laws, the enforcement official can issue an order
to withhold and deliver. The order is sent to the person, company, institution
that is holding property belonging to the debtor, such as a bank
account, investments, or personal property. The holder of the property
must deliver it either to the enforcement agency or court that issued the
support order. Some States permit the property to be attached or seized
and sold to pay the debt. Some States require noncustodial parents with
a poor payment history to pledge property as a guarantee of payment. Non-payment
results in forfeiture of the property.
I am working with a private attorney. Can she
request wage withholding for my child support payments?
Yes. You can collect support through wage withholding if you use
a private attorney rather than the CSE office. States must also apply withholding
to other kinds of income in addition to wages, such as bonuses, commissions,
retirement, rental or interest income.
Can I have the wage withholding applied to
my existing child support order?
Yes, you can apply for the wage withholding through your local CSE
office, or your attorney. Though there are limits on how much of a person's
check can be withheld, wage withholding can be used for both ongoing support
and arrearages. Ask the CSE agency how this can be done.
Why can't my attorney work on my child support
problem while I a receiving services from the child support program?
Your attorney can work with the child support program. For best results,
they should coordinate their efforts to prevent duplication of services
and conflicting enforcement decisions.
My child's mother works for a big company and
has moved several time in her job. Can wage withholding work in this case?
Yes. States must recognize the wage withholding orders from other
States, and continue the wage withholding as ordered, without regard to
where the noncustodial parent or the custodial parent and children live.
My ex-husband has a good job and is willing to have the payments deducted from his paycheck, but his employer won't do it. What can I do?
Under Federal law, an employer must withhold the support if ordered to, or if the noncustodial parent requests it. If you run into problems with an employer, seek the assistance of your CSE office.
The children's father works irregularly and
is paid in cash. Wage withholding won't work for me. What will?
Automatic billing, telephone reminders, and delinquency notices from
your CSE office might
convince him to make regular payments. Other techniques, such as
property attachment, credit bureau
reporting, tax refund offset, and liens might work for the arrearages.
The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA) requires States to enact legislation to allow suspending
or revoking drivers, professional, occupational and recreational licenses
if an arrearage develops. If none of these is successful, your enforcement
office can take the case to court for stronger enforcement methods.
My ex-wife has her own computer programming
service. How can the CSE office find out how much she earns, and how can
they collect the money.
The CSE office has access to information from the Internal Revenue
Service to determine her income and assets. This information will help
to set the support order amount.
Cases involving self-employed noncustodial parents can be the most
challenging to work, and often take more time and effort. If it is not
possible to arrange for an allotment or withholding, it may be possible
to secure liens on her payments from regular clients or to garnish her
bank account. If her business depends on having a license, she may make
arrangements to pay rather than risk losing her license. Knowing that arrears
will be reported to a credit bureau may give her a strong incentive to
comply with the order. Provide your caseworker with as much information
as you can about the business and her clients.
My children's father owns a cross-country moving van and a nice home. Why won't the child support office put a lien on either one?
Most States will not put a lien on a primary residence or attach
property which a person needs to make a living. Talk to your caseworker
about what kinds of property are available for liens and attachment in
your State.
My ex-spouse is in the Army. How do I go about
having child support payments deducted from a paycheck? And can I get medical
coverage my child?
Members of the military are subject to the same wage withholding
requirements as other public or private employees. Federal gamishmt procedures
should be used in most instances, although use of military involuntary
allotments is sometimes more appropriate. If a service member is not meeting
a support obligation, a wage withholding order can be sent to the Defense
Finance and Accounting Service (DFAS) Center in Cleveland Ohio. Ask your
CSE office for information on how to start this action.
To get medical coverage for a child of a military member, the child
must be enrolled in the Defense Enrollment Eligibility Reporting Syste
(DEERS). Contact the following DEERS Office for the nearest DEE enrollment
site:
800-334-4162 (California only)
800-527-5602 (Alaska and Hawaii only)
800-538-9552 (all other States)
My children's father retired from the Navy
when he was only 40, just before our divorce. Can his military retirement
check be garnished for back child support?
Yes, it is possible to gamish the income of retired members of the
military'. With the assistance of your caseworker or lawyer, you can get
garnishment order from the court and send it with a certified copy of your
child support order to DFAS (as above). Your local enforcement office can
tell you the exact procedures and follow through on your behalf.
The children's mother works for the Federal
government. She was recently transferred and stopped making payments. What
do I have to do to get them started again?
All Federal employees are subject to wage withholding, and there
is a central payment office for each Department, so moves within the Department
should not affect a wage withholding order. If you do not have a formal
support order, ask a child support office or an attorney about establishing
one. If you have a child support order, your CSE office or attorney can
help you to secure payments by wage withholding. If she has moved to a
different Department, the Federal Parent Locator Service (FPLS) can provide
her new location.
Can past-due child support be taken from the
State income tax refund?
Under Federal law, all States with State income tax must offset
State
income tax refunds for past-due support owed to families, and to States
for cash assistance they have provided.
How does the non-paying parent find out that his or her State tax refund will be taken?
The State must notify the noncustodial
parent in advance of taking the action. The notice specifies the amount
owed in arrears and the amount to be offset. it also tells whom to contact
if the person wants to contest the offset.
Can Federal income
tax refunds be offset the same way?
Yes, States can request an offset of
Federal income tax refunds for past-due support of over $500 owed on behalf
of minor children not receiving cash assistance as well as over $150 owed
to States that have provided assistance.
Doesn't the Internal
Revenue Service have another method it can use to help us get the support
owed?
Yes, your caseworker may be able to
make a request for use of the IRS 'full collection' technique.
Under certain conditions, the internal
Revenue Service can attach a parent's income and other assets for child
support payments. The CSE agency can submit the request when the amount
owed is over $750 and there is good evidence that the obligated parent
has assets that can be tapped for collection. Contact your caseworker for
more information.
The children's
father lost his job and is collecting unemployment compensation. Can child
support payments be deducted and sent to me?
Yes. Unemployment compensation, and
other State and Federal benefits can be tapped for child support. Ask your
caseworker about the procedures, and make sure you tell your caseworker
immediately if you learn about changes in the father's employment situation.
By my own calculation,
my ex owes me $3,475 in past due child support. Can the enforcement agency
try to collect it for me?
If this support was owed before the
CSE office became involved in your case, the CSE office will have to verify
the amount owed, and may have to present the documentation to a court before
it can start collection procedures. While it is doing this, the agency
can try to collect support payments for current months.
I heard that my
children's father is buying a very expensive car. He owes over $5,000 in
back support. Can the credit agency be told this?
Yes. By Federal law, the CSE office
must periodically report the amount of past-due child support to credit
reporting agencies. Consult your caseworker for more information.
The other parent
does not work regularly and keeps falling behind support payments. Is there
any way the court can establish regular payment?
As mentioned before, property liens
and attachments might work In certain cases Federal law also authorizes
that the parent be required to post security, bond, or other guarantee
to cover support obligations. The may be in the form of money or property.
Ask your enforceme caseworker if these might be applied to your case.
My ex-wife has declared bankruptcy and says she doesn' t have to pay support. Is that true?
Child support payments generally cannot be discharged in bankruptcy. This means that the parent who owed child support cannot escape this by filing for bankruptcy. As of October 1994, bankruptcies do not act as a stay, or hold, on actions to establish paternity or to establish or modify child support obligations. The relationship between child support and bankruptcy is complex, and you may need the help of someone familiar with bankruptcy law. Ask your caseworker how the CSE office can help.
My daughter's father says that since he gives
her gifts and money he does not have to pay child support.
Courts generally will not allow gifts to a child to take the place
of child support, and require that child support payments are carried out
as ordered by the child support agreement. In some cases, if the voluntary
payment is larger than a normal gift would be, a court may decide to credit
the payment as a child support payment.
Will the Federal Government step in to enforce
a difficult child support case?
No. State and local offices are responsible for establishing paternity
and establishing and enforcing child support orders. The Federal Government
tries to make sure that States use appropriate enforcement techniques.
It pays much of the cost of the program, issues policies, offers technical
assistance, and reviews State programs for compliance with Federal requirements.
(However, see page 31, under Interstate Enforcement.)
The child support office is not enforcing my
case. Can I take it to a Federal Court?
If your caseworker and State CSE office have had no response to their requests for enforcement in another jurisdiction, it is possible for the case to be heard by a Federal court. This is not done often, and the decision to use a Federal court will be made by the Federal Regional Office of Child Support Enforcement at the request of your caseworker and the State enforcement office. If you are not satisfied with the services you are receiving in your local CSE office, you may ask your State CSE Agency for help. State Agency addresses are listed at the end of the Handbook.
My children are over 18 and don't get child support any more, but there is still a $10,000 arrear-age owed to me for support that was never paid. Will the CSE office collect that money for me?
State statutes of limitations determine how long the CSE Office
can try to collect on a child support debt. Within this period, the CSE
office is required by Federal law to collect verified back support. Ask
your CSE office for more information.
Can my children be provided for if my ex-husband
dies?
A well written child support order should provide for continued support
if the noncustodial parent should die. The child support payments should
be defined as a claim against his estate. The children can also be named
as beneficiaries in your ex-husband's life insurance policy or will.
The children's mother lives in another State
and we don't know when she is buying something Every time the kids come
home from there they talk about her new car or stove or something, but
she still won't pay her child support.. Why can she get credit if the courts
know she owes her kids much?
CSE offices must report child support arrearages to credit bureaus.
The State notifies the noncustodial parent if the debt will be reported
to credit reporting network. That sometimes is enough to encourage payment
of the overdue support.
My ex-husband inherited a house and a sizeable
amount of money from parents. He already had some income property. Now
he doesn't have to work, and he put everything into his brothers name and
got his child support reduced to the State minimum.
Under the Personal Responsibility and Work Opportunity Reconciliation
Act, States must have, or develop, laws and procedures for voiding transfers
of income or property that were made to avoid payment of child support.
Your CSE Office will have current information about how your State is handling
these fraudulent transfers.
VI. WORKING WITH OTHER STATES AND COUNTRIES:
INTERSTATE AND INTERNATIONAL COOPERATION
The most difficult child support cases to pursue are those in which
the parent obligated to pay child support lives in one State and the child
and custodial parent live in another. However, all States are required
to pursue child support enforcement, including location, paternity establishment,
and establishment of support obligations, as vigorously for children who
live outside their borders as for those under their own jurisdiction.
State enforcement agencies must cooperate with each other in handling
requests for assistance, however, it has not been a simple matter for one
State to automatically enforce the court orders of another State. Until
recently, States used all or parts of a law called the Uniform ReciprocalEnforcement
of Support Act (URESA).
With the enactment of the Full Faith and Credit For Child Support
Orders Act and the Federal mandate that all States enact the Unifonn
Interstate Family Support Act (UIFSA) by January 1, 1998, interstate
enforcement of child support obligations should improve. UIFSA includes
a provision designed to ensure that, when more than one State is involved,
there is only one valid child support order which can be enforced for current
support, and a provision which allows a State to work a case against an
out-of-State obligor directly if certain conditions are met.
Both URESA and UIFSA have procedures under which an enforcement official
(or private attorney) can refer a case for action in another State. The
laws can be used to establish paternity and to establish, modify, or enforce
a support order. A URESA State is able to refer a case to a UIFSA State,
and vice versa..
Interstate wage withholding can be used to enforce a support
order in another State if the noncustodial parent's employer is
known. With interstate wage withholding, the Child Support Enforcement
(CSE) office in the State where the noncustodial parent lives will make
sure that a wage withholding order from another State contains all the
information required by their State laws and will forward it to the noncustodial
parent's employer. The order does not have to go through the courts as
it would with an interstate child support enforcement petition. State laws
vary and you will need to ask your caseworker whether this option is available
in your case.
State CSE Agencies all have an office called the Central Registry to receive incoming interstate child support cases, make sure that the information given is complete, send them to the right local office and respond to inquiries from out of State CSE offices. Standard forms make it easier for caseworkers to find the information they need to enforce a case, and to be sure they are supplying enough information for another State to enforce their case.
I know the address of my children's father in another State, and my caseworker sent a petition to establish my support order there. That was three months ago, and still no support payments. What's wrong?
It may be any number of things: enforcement officials may not be able to serve notice on the noncustodial parent due to inadequate address information; if a hearing is necessary, it may take a while to get a court date. Continue to keep in touch with your caseworker to resolve any delay or to provide any new information you may have.
I need to establish paternity for my child,
and the father lives in another part of the country. How does this work?
The fact that you and the alleged father live in different States will not keep you from pursuing a paternity establishment action. Your State may be able to claim jurisdiction and establish paternity if the alleged father had lived there or the child was conceived in your State. Otherwise your State can petition the other State to establish paternity under their laws. Often, genetic tests will be ordered to help prove paternity. Ask your caseworker for specific information about the laws in your State and the State where the other parent lives.
My caseworker filed a URESA petition for paternity.
The father denied it, and the other court just dismissed the case. What
went wrong?
A responding State's CSE office should not dismiss a case without
asking for the information it needs. The initiating State is required to
provide that information in 30 days. Either party in a contested paternity
action can request blood or genetic testing. Ask your caseworker to reopen
the case. You have the right to establish paternity until your child's
18th birthday.
If paternity is established in another state,
will the support order also be entered in that State?
Yes. Ask your caseworker how this is done.
I have had to wait several months for my enforcement
agency to get a reply to its request for location assistance in another
State. Why doe it take so long to get an answer?
Even though they try to be responsive, enforcement agencies have a very high demand for their services. A State's ability to act rapidly depends on the characteristics of the case, the quality of information received, and the amount of staff and other resources they have to devote to it. Be sure to follow up regularly with your casework to make sure that each State is actively working your case.
As soon as the children's father is notified
about enforcement, he moves. How will I ever be able to collect my support?
Many custodial parents are angry when, after the noncustodial parent is finally located and served notice of the enforcement action, he or she moves on. It is difficult to enforce child support payments when the noncustodial parent intentionally moves to avoid paying. Try to be an active participant in your own case. Whenever you learn that the noncustodial parent has moved or has a new job, you should tell your caseworker as soon as possible. Starting October 1997, all States are required to have a State Directory of New Hires, and employers will be required to report hiring new employees within 20 days. The information will, in turn, be sent to a National Directory of New Hires. This will help in locating the noncustodial parent if he/she moves on to a new job.
Isn't there a law now that makes it a Federal
crime to not pay child support if the child lives in another State?
The Child Support Recovery Act of 1992 makes it a Federal crime to willfully fail to pay support for a child living in another State.
Briefly, in order to prosecute under this Act, the United States Attorney's Office must prove that the noncustodial parent was financially able to meet his/her obligation at the time the payment was due. If support arrearages are more than $5,000 or are unpaid for longer than one year, the noncustodial parent is subject to punishment. A major consideration in screening a case for Federal prosecution is whether all reasonably available civil and State criminal remedies have been pursued first. Next, priority is given to cases: (1) where there is a pattern of moving from State to State to avoid payment;(2) where there is a pattern of deception (e.g., use of false name or social security number); (3) where there is failure to make support payments after being held in contempt of court; and (4) where failure to make support payments is connected to some other Federal offense such as bankruptcy fraud.
Yes. Ask your caseworker how this is done.
I have had to wait several months for my enforcement
agency to get a reply to its request for location assistance in another
State. Why does it take so long to get an answer?
Even though they try to be responsive, enforcement agencies have
a very high demand for their services. A State's ability to act rapidly
depends on the characteristics of the case, the quality of information
received, and the amount of staff and other resources they have to devote
to it. Be sure to follow up regularly with your caseworker to make sure
that each State is actively working your case.
As soon as the children's father is notified
about enforcement, he moves. How will I ever be able to correct my support?
Many custodial parents are angry when, after the noncustodial parent is finally located and served notice of the enforcement action, he or she moves on. It is difficult to enforce child support payments when the noncustodial parent intentionally moves to avoid paying. Try to be an active participant in your own case. Whenever you learn that the noncustodial parent has moved or has a new job, you should tell your caseworker as soon as possible. Starting October 1997, all States are required to have a State Directory of New Hires, and employers will be required to report hiring new employees within 20 days. The information will, in turn, be sent to a National Directory of New Hires. This will help in locating the noncustodial parent if he/she moves on to a new job.
My former wife lives in another State. She
owns an expensive car, jewelry, and several pieces of property. Would the
CSE Program be able to attach this property for child support?
An interstate CSE action may be filed on your behalf to enforce your
child support order. Before requesting the other State to attach this property,
your enforcement worker or lawyer should see if a "withhold and deliver'
or 'attachment' of the property could be successfully carried out from
your State.
Will location and enforcement services cost more if my agency is dealing with another State? I am not receiving cash assistance.
Possibly. It depends on what the CSE office has to do to find the noncustodial parent and to establish regular payment. The more solid information and leads you provide, the more efficiently your case can be conducted. For non-assistance cases, States vary in the fees they charge for services. Your caseworker should be able to tell you more about these costs in your particular case. (See discussion in Introduction.)
I don't have a support order. Can I have one established by petitioning the court where my ex-husband lives?
Yes. This can also be done by your CSE office. Depending on the facts,
it could be handled in your State or referred to another State under UPESA
or UIFSA. An affidavit of the facts, including the name and address of
the responsible parent, details of your financial circumstances, and the
needs of the child will be included. The petition will be mailed to the
enforcement agency, the court, or the interstate official where the father
lives. The responding State will review this information
together with information about the father's ability to pay, and set the
amount to be paid.
The father of my child has left the United
States. How can I get my court order for child support enforced?
We suggest you check with your local CSE office and State CSE agency
(at the address listed in the back of this Handbook). Many State
CSE agencies have agreements with foreign countries to recognize child
support judgments made in other countries, or to help establish orders
when there is none. The U.S. Government is in the process of negotiating
federal-level reciprocity declarations with other countries on behalf of
all U.S. jurisdictions. These international child support agreements specify
procedures for establishing and enforcing child support orders across borders.
While requirements for getting enforcement action may vary depending on
the other nation involved, a parent will be asked to provide the same information
as in a domestic case, including as much specific information, such as
address and employer of the noncustodial parent, as is possible.
If the noncustodial parent works for an American company, or for
a foreign company with offices in the United States, wage withholding might
work even if the country he lives in does not have any agreement to enforce
an American State's order. Even in cases where the noncustodial parent
is living and working in a country that has no reciprocity agreement, approaching
the foreign employer directly for help might prove successful.
I checked with the CSE office, but my daughter's
father lives in a country that has no agreement with any State to enforce
child support obligations. Is there anything else to try?
The Office of Citizens Consular Service may be able to give you information
about how to have the support order enforced in that country and how to
obtain a list of attorneys their. That address is: Department of State,
Office of Citizens Consular Services, Washington, D.C. 20250.
She is still in this country, but I understand
that my children's mother is planning to live abroad with her new husband.
She owes me $14,000 in child support. Is there anything the CSE Office
can do?
Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) legislation, State CSE Agencies can certify child support arrearages of more than $5000 to the Secretary of Health and Human Services, who, in turn, will transmit the certification to the Secretary of State for denial, revocation or limitation of passports. This becomes effective October 1, 1997.
VII. CHILD SUPPORT ENFORCEMENT
FOR NATIVE AMERICAN CHILDREN
The Native American Child Support Program in the Federal Office of
Child Support Enforcement has been consulting with the Tribes and Native
American organizations to ensure that Native American children receive
the child support to which they are entitled. New provisions in the Personal
Responsibility and Work Opportunities Reconciliation Act (PRWORA) provide
more options to achieve this goal.
American Indian Tribes or Tribal organizations will be eligible to
apply for grants to operate full or partial child support enforcement programs.
The projects must meet child support enforcement criteria that will be
issued through regulations in mid-1998. Formal consultation is planned
for the proposed rules.
Native American reservations are governed by Tribal laws which may
differ from those of the States, just as laws differ from State to State.
The differences, and the various types of State and Tribal court systems,
sometimes make it difficult to enforce child support orders or to locate
absent parents on reservations.
However, some States and Tribes have entered into Cooperative Agreements
to facilitate obtaining child support for Native American children. If
Tribes do not operate child support enforcement programs, it is expected
that more Tribes and States will enter into Cooperative Agreements to work
together to carry out their child support responsibilities.
In the interim, Tribal and State child support staffs will continue
to pursue all available means to assist Native American children to receive
support. What works best, and barriers encountered, will be shared. This
will assist Tribes to decide how best to meet child support enforcement
requirements, through Tribal programs or Cooperative Agreements with States.
My ex-husband is a Native American who lives
and works on an Indian Reservation. Can the CSE Program help get child
support for my children?
It may be difficult to establish or enforce a child support order when the non-custodial parent lives and works on an Indian Reservation if the Tribe does not have an agreement with a State to establish or enforce each other's child support orders. When a Tribe has an agreement with a State CSE Agency to establish paternity, locate absent parents, or enforce or modify child support orders, State and local CSE staff and the Tribal courts work together to obtain the child support for Native American children.
State CSE Agencies and OCSE are currently working with a number of Tribes to develop cooperative agreements to solve the complex problems of obtaining child support. Talk with your State or local CSE office about the specific situation and how it can help. Be sure to provide any information about any assets off the Reservation that your ex-husband may have.
My ex-husband is a Native American living on
a Reservation. My caseworker hasn't been able to get any child support
for my children. What can I do?
Check with the Tribal leaders to see if there are any provisions established by the Tribe for supporting Tribal children. Your children may be eligible to receive special services (health, education, general assistance payments, etc.), or some other kind of specialized assistance.
I am a Native American mother of a three-year-old
and I live on a reservation. His father is not Native American, does not
live on the Reservation, and does not fall under the jurisdiction of the
Tribal Court. How can I get him to help support his son?
Seek assistance for your child through the Tribe if you live on the
Reservation. If the Tribe does not have an agreement with the State, also
work directly with the IV-D office in the State, or local, OCSE office
to locate the father and establish a child support order.
The success you have in obtaining regular, adequate, and full child
support payments depends to a great extent on how well you can make the
child support enforcement system work for you. At the same time it is important
to remember that not all the solutions to your child support problems are
within your control. The legal rights and welfare of all parties must be
carefully guarded, and sometimes laws seem unfair to the other.
Knowledge is power. The more you know about child support enforcement
procedures where you and the noncustodial parent live, the better you will
be able to exercise your rights and responsibilities under the law, and
the more successful you will be in obtaining the support that rightfully
belongs to your children. As you proceed with your enforcement case, it
is a good idea to keep a written account of the actions taken and the outcomes
of those actions. Do not hesitate to ask questions and make suggestions
to your enforcement caseworker. If you are not satisfied with the actions
taken on your behalf, you have recourse to the head of the local CSE office
as well as to the director of the State Child Support Enforcement agency.
Keep in mind that it is always best to communicate the problem in writing.
An informed parent can make the child support enforcement system work. This, together with improvements that State enforcement programs, legislatures, and the courts are making, can benefit millions of parents and their children.
Administrative Procedure - method by which support orders are made and enforced by an executive agency rather than by courts and judges
Aid to Families with Assistance
- payments made on behalf of children who Dependent Children (AFDC) don't
have the financial support of one of their parents by reason of death,
disability, or continued absence from the home; known in many States as
ADC (Aid to Dependent Children)
Arrearages - unpaid child support for past periods owed by a parent who is obligated to pay
Assignment of Support - a person
receiving public assistance agrees to turn rights over to the State any
right to child support, including arrearages, paid by the obligated parent
in exchange for receipt of a cash assistance grant and other benefits.
Complaint - written document filed
in court in which the person initiating the action names the persons, allegations,
and relief sought
Consent - agreement voluntary
written admission of paternity or responsibility for support
Custodial Parent - person with
legal custody and with whom the child lives; may be parent, other relative,
or someone else
Custody Order - legal determination
which establishes with whom a child shall live
Default - failure of a defendant
to appear, or file an answer or response
in a civil case, after having been served with a summons and complaint
default judgment decision made by the court when the defendant fails to
respond
Defendant - person against whom
a civil or criminal proceeding is begun
Electronic Funds Transfer - transfer
of money from one bank account to another or to a CSE Agency
Enforcement - obtaining payment
of a child support or medical support obligation
Federal Income Tax Offset - a
program under the Federal Office of Child Program Support Enforcement which
makes available to State CSE Agencies a route for securing the tax refund
of parents who have been certified as
owing substantial amounts of child support.
Federal Parent Locator - a service
operated by the Federal Office of Service (FPLS) Child Support Enforcement
to help the States locate parents in order to obtain child support payments;
also used in cases of parental
kidnaping related to custody and visitation determinations; FPLS
obtains address and employer information from Federal agencies
Federally-assisted Foster - a
program, funded in part by the Federal Care government, under which a child
is raised in a household by someone other than his or her own parent
Finding - a formal determination
by a court, or administrative process that has legal standing
Full Faith and Credit - doctrine
under which a State must honor an order or judgement entered in another
State
Garnishment - a legal proceeding
under which part of a person's wages and/or assets is withheld for
payment of a debt
Genetic Testing - analysis of
inherited factors (usually by blood or tissue test) of mother, child, and
alleged
father which can help to prove or disprove that a particular man
fathered a particular child
Guidelines - a standard method
for setting child support obligations based on the income of the
parent(s) and other factors as determined by State law
Immediate Wage - automatic deductions
from income which withholding start as soon as the agreement for support
is established (see wage withholdings)
Jurisdiction - legal authority
which a court has over particular persons, certain types of cases, and
in a defined geographical area
Legal Father - a man who is recognized
by law as the male parent
Lien - a claim upon property to
prevent sale or transfer until a debt is satisfied
Long Arm Statute - a law which
permits one State to claim personal jurisdiction over someone who lives
in another State
Medicaid Program - federally funded
medical support for low income families
Medical Support - legal provision
for payment of medical and dental bills
Noncustodial Parent - parent who
does not have primary custody of a child
Obligation - amount of money to
be paid as support by the responsible parent and the manner by which it
is to be paid
Offset - amount of money taken
from a parent's State or Federal income tax refund to satisfy a child
support debt
Order - direction
of a magistrate judge or properly empowered administrative officer
Paternity Judgement - legal determination
of fatherhood
Plaintiff - person who brings
an action, complains or sues in a civil case
Presumption of Paternity - a rule
of law under which evidence of a man's paternity (e.g. voluntary acknowledgment,
genetic test results) creates a presumption that the man is the
father of a child. A rebuttal presumption can be overcome by evidence that
the man is not the father, but it shifts the burden of proof to the father
to disprove paternity.
Probability of Paternity - the
probability that the alleged father is the biological father of the child
is indicated by
genetic test results.
Public Assistance - money granted
from the State/Federal Aid to Families with Dependent Children program
to a person or family for living expenses; eligibility based on need
State Parent Locator - a service operated by the State Child Support
Service (SPLS) Enforcement Agencies
- to locate noncustodial parents to establish paternity, and establish
and enforce child support obligations
statute of limitations - the period
during which someone can be held liable for an action or a debt-statutes
of limitations for collecting child support vary from State to State
Stay - an order by a court which
suspends all or some of the proceedings in a case
TANF - Temporary Assistance to
Needy Families; time-limited assistance payments to poor families. The
program provides parents with job preparation, work and support services
to help them become self-sufficient
Uniform Interstate laws - enacted at the State level which provide Family Support Act mechanisms for establishing and enforcing (UIFSA), and support obligations when the noncustodial Uniform Reciprocal parent lives in one state and the custodial Enforcement of Support parent and children live in another Act (URESA)
Visitation - the right of a non-custodial
parent to visit or spend time with his or her children
Voluntary Acknowledge - an acknowledgment
by a man, or both parents, that ment of paternity the man is the father
of a child, usually provided in writing on an affidavit or form
Wage Withholding Procedure - by
which automatic deductions are made from wage or income to pay some debt
such as child support; may be voluntary or involuntary
ALABAMA
Department of Human Resources
Division of Child Support
50 Ripley Street
Montgomery, AL 36130-1801
(334) 242-9300
FAX: (334) 242-0606
1-800-284-4347'
ALASKA
Child Support Enforcement Division
5 50 West 7th Avenue, Suite 3 1 0
Anchorage, AK 99501-6699
(907) 269-6900
FAX: (907) 269-6813
1-800-478-3300
ARIZONA
Division of Child Support Enforcement
P. 0. Box 40458
Phoenix, AZ 85067
(602) 252-4045 (no toll-free number)
ARKANSAS
Office of Child Support Enforcement
P.O. Box 8133
Little Rock, AR 72203
Street Address: 712 West Third
Little Rock, AR 72201
(501) 682-8398
FAX: (501) 682-6002
1.800-264-2445 (Payments)
1-800-247-4549 (Program)
CALIFORNIA
Office of Child Support
Department of Social Services
P. 0. Box 944245
Sacramento, CA 94244-2450
(916) 654-1532
FAX: (916) 657-3791
1-800-952-5253
COLORADO
Division of Child Support Enforcement
1575 Sherman Street, 2nd Floor
Denver, CO 80203-1714
(303) 866-5994
FAX: (303) 866-3574
(no toll-free number)
CONNECTICUT
Department of Social Services
Bureau of Child Support Enforcement
25 Sigoumey Street
Hartford, CT 06106-5033
(860) 424-5251
FAX: (860) 951-2996
1-800-228-5437 (problems)
1-800-647-8872 (information)
1-800-698-0572 (payments)
DELAWARE
Division of Child Support Enforcement
Delaware Health and Social Services
1901 North Dupont Hwy
P.O. Box 904
New Castle, DE 19720
(302) 577-4863, 577-4800
FAX: (302) 577-4873
(no toll-free number)
DISTRICT OF COLUMBIA
Office of Paternity and Child Support Enforcement
Department of Human Services
800 9th Street, SW, 2nd Floor
Washington, DC 20024-2485
(202) 645-7500(no toll-free number)
FLORIDA
Child Support Enforcement Program
Department of Revenue
P.O. Box 8030
Tallahassee, FL 32314-8030
(850) 922-9590
FAX: (850) 488-4401
(no toll-free number)
GEORGIA
Child Support Administration
P.O. Box 38450
Atlanta, GA 30334-0450
(404) 657-3851
FAX: (404) 657-3326
1-800-227-7993 (for 706 & 912 from area codes 404 & 770,
dial code + 657-2780)
GUAM
Department of Law
Child Support Enforcement Office
238 Archbishop F.C. Flores, 7th Floor
Agana, GU 9691 0
(671) 475-3360
(no toll-free number)
HAWAII
Child Support Enforcement Agency
Department of Attorney General
Kakuhihewa State Office Building
Kapolei, HI 96707
(808) 692-7000
(no,toll-free number)
IDAHO
Bureau of Child Support Services
Department of Health and Welfare
450 West State Street, 6th Floor
Boise, ID 83720-0036
(208) 334-5710
1-800-356-9868
FAX: (208) 334-0666
ILLINOIS
Child support Enforcement Division
Illinois Department of Public Aid
32 West Randolph Street
Room 923
Chicago, IL 60601
(217) 524-4602
FAX: (217) 524-4608
1-800-447-42781
INDIANA
Child support office
402 West Washington Street, Rm W360
Indianapolis, IN 46204
(317) 233-5437
FAX: (317) 233-4925
1-800-622-4932
IOWA
Bureau of Collections
Department of Human Services
Hoover Building - 5th Floor
Des Moines, IA 50319
(515) 281-5580
FAX: (515) 281-8854
(no toll-free number)
KANSAS
Child Support Enforcement Program
Department of Social &
Rehabilitation Services
P.O. Box 497
Topeka, KS 66601
Street Address: 300 S.W. Oakley Street,
Biddle Building
Topeka, KS 66606
(913) 296-3237
FAX: (913) 296-5206
1-800-432-0152 (Withholding)
1-800-570-6743 (Collections)
1-800-432-3913 (Fraud Hotline)
KENTUCKY
Division of Child Support Enforcement
Cabinet for Families and Children
P.O. Box 2150
Frankfort, KY 40602
(502) 564-2285
FAX: (502) 564-5988
LOUISIANA
Support Enforcement Services
Office of Family Support
P.O. Box 94065
Baton Rouge, LA 70804-4065
(504) 342-4780
FAX: (504) 342-7397
1-800-256-4650 (Payments)
MAINE
Division of Support Enforcement
and Recovery
Bureau of Family Independence
Department of Human Services
State House Station 11 Whitten Road
Augusta, ME 04333
(207) 287-2886
FAX: (207) 287-5096
1-800-371-3101
MARYLAND
Child Support Enforcement Administration
Department of Human Resources
311 West Saratoga Street
Baltimore, MD 21201
(410) 767-7619
FAX: (410) 333-8992
1-800-332-6347
MASSACHUSETTS
Child Support Enforcement Division
Department of Revenue
141 Portland Street
Cambridge, MA 02139-1937
FAX: (617) 621-4991
1-800-332-2733
MICHIGAN
Office of Child Support
Department of Social Services
P.O. Box 30478
Street Address: 7109 W. Saginaw Hwy.
Lansing, MI 48909-7878
(517) 373-7570
FAX: (517) 373-4980
(no toll-free number)
MINNESOTA
Office of Child Support Enforcement
Department of Human Services
444 Lafayette Road, 4th floor
St. Paul, MN 55155-3846
(612) 215-1714
FAX: (612) 297-4450
(no toll-free number)
MISSISSIPPI
Division of Child Support Enforcement
Department of Human Services
P.O. Box 352
Jackson, MS 39205
(601) 359-4861
FAX: (601) 359-4415
1-800-434-5437(Jackson)
1-800-354-6039 (Hines, Rankin
(and Madison Counties)
MISSOURI
Department of Social Services
Division of Child Support Enforcement
P.O. Box 2320
Jefferson City, MO 65102-2320
(573) 7514301
FAX: (573) 751-8450
1-800-859-7999
MONTANA
Child Support Enforcement Division
Department of Public Health
and Human Services
P.O. Box 202943
Helena, MT 59620
(406) 442-7278
1-800-346-5437
NEBRASKA
Child Support Enforcement Office
Department of Health and Human Services
P.O. Box 94728
Lincoln NE 68509
(402) 471-9160
FAX: (402) 471-9455
1-800-831-4573
NEVADA
Child Support Enforcement Program
Nevada State Welfare Division
2527 North Carson Street
Carson City, NV 89706-0113
(702) 687-4744
FAX: (702) 684-8026
1-800-992-0900
NEW HAMPSHIRE
Office of Child Support
Division of Human Services
Health and Human Services Building
6 Hazen Drive
Concord, NH 03301-6531
NEW JERSEY
Division of Family Development
Department of Human Services
Bureau of Child Support and
Paternity Programs
P.O. Box 716
Trenton, NJ 08625-0716
(609) 588-2915
FAX: (609) 588-3369
1-800-621-5437
NEW MEXIC0
Child Support Enforcement Bureau
Department of Human Services
P.O. Box 25109
Santa Fe, NM 87504
Street Address: 2025 S. Pacheco
Santa Fe, NM 87504
(505) 827-7200
FAX: (505) 827-7285
1-800-432-6217
NEW YORK
Office of Child Support Enforcement
Department of Social Services
P.O. Box 14
One Commerce Plaza
Albany, NY 12260-0014
(518-474-9081
FAX: (518) 486-3127
1-800-343-8859
NORTH CAROLINA
Child Support Enforcement Office
Division of Social Services
Department of Human Resources
100 East Six Forks Road
Raleigh, NC 27609-7750
(919) 571-4114
FAX: (919) 881-2280
1-800-992-9457
NORTH DAKOTA
Department of Human Services
Child Support Enforcement Agency
P.O. Box 7190
Bismarck, ND 58507-7190
(701) 328-3582
FAX: (701) 328-5497
1-800-755-8530
OHIO
Office of Family Assistance and
Child Support Enforcement
Department of Human Services
30 East Broad Street - 31st Floor
Columbus, OH 43266-0423
(614) 752-6561
FAX: (614) 752-9760
1-800-686-1556
OKLAHOMA
Child Support Enforcement Division
Department of Human Services
P.O. Box 53552
Oklahoma City, OK 73152
Street Address: 2409 N. Kelley Avenue
Annex Building
Oklahoma City, OK 73111
(405) 522-5871
FAX: (405) 522-2753
1-800-522-2922 2
OREGON
Recovery Services Section
Adult and Family Services Division
Department of Human Resources
500 Summer Street, NE.
Salem, OR 97310-1013
(503) 986-5950
FAX: (503) 391-5526
1-800-850-0228
1-800-850-0294(Rotary)
PENNSYLVANIA
Bureau of Child Support Enforcement
Department of Public Welfare
P.O. Box 8018
Harrisburg, PA 17105
(717) 787-3672
FAX: (717) 787-9706
1-800-932-0211
PUERTO RICO
Child Support Enforcement
Department of Social Services
P.O. Box 3349
San Juan, PR 00902-3349
Street Address: Majagua Street, Bldg. 2
Wing 4, 2nd Floor Rio Pedras, PR 00902-9938
(787) 767-1500
FAX: (787) 282-7411
(no toll-free number)
RHODE ISLAND
Child Support Enforcement
Division of Administration
Division of Taxation
77 Dorrance Street
Providence, RI 02903
(401) 222-2847
FAX: (401) 277-6674
1-800-638-5437
SOUTH CAROLINA
Department of Social Services
Child Support Enforcement Division
P.O. Box 1469
Columbia, SC 29202-1469
(803) 737-5875
FAX: (803) 737-6032
1-800-768-5858
1-800-768-6779 (Payments)
SOUTH DAKOTA
Office Child Support Enforcement
Department of Social Services
70 Governor's Drive, Suite 84
Pierre, SD 57501-2291
(605) 773-3641
FAX: (605) 773-5246
(no toll-free number)
TENNESSEE
Child Support Services
Department of Human Services
Citizens Plaza Building - 12th Floor
400 Deadrick Street
Nashville, TN 37248-7400
(615) 313-4880
FAX: (615) 532-2791
1-800-838-6911 (Payments)
TEXAS
Office of the Attorney General
Child Support Division
P.O. Box 12017
Austin, TX 78711-2017
(512) 460-6000
FAX: (512) 479-6478
1-800-252-8014
UTAH
Bureau of Child Support Services
Department of Human Services
P.O. Box 45011
Salt Lake City, UT 8415-0011
(801) 536-8500
FAX: (801) 436-8509
1-800-257-9156
VERMONT
Office of Child Support
103 South Main Street
Waterbury, VT 05671-1901
FAX: (802) 244-1483
1-800-786-3214
VIRGIN ISLANDS
Paternity and Child Support Division
Department of Justice
GERS Building, 2nd Floor
48B-50C Krondprans Gade
St. Thomas, VI 00802
(809) 775-3070
FAX: (809) 775-3808 (no toll-free number)
VIRGINIA
Division of Child Support Enforcement
Department of Social Services
730 East Broad Street
Richmond, VA 23219
(804) 692-1428
FAX: (804) 692-1405
1-800-468-8894
WASHINGTON
Division of Child Support
Department of Social Health Services
P.O. Box 9162
Olympia, WA 98504-9162
Street Address: 712 Pear St., S.E
Olympia, WA 98504
(360) 586-3162
FAX: (206) 586-3274
1-800-457-6202
WEST VIRGINIA
Bureau ofchild Support Enforcement
Department of Health & Human
Resources
Building 6, Room 817
Capitol Complex
Charleston, WV 25305
(304) 558-3780
1-800-249-3778
WISCONSIN
Bureau of Child Support
Division of Economic Support
P.O. Box 7935
Madisom WI 53707-7935
Street Address: I West Wilson Street
Room 382 Madison, WI 53707
(608) 266-9909
FAX: (608) 267-2824
(no toll-free number)
WYOMING
Child Support Enforcement Program
Department of Family Services
2300 Capital Avenue
Hathaway Building, Room 361
Cheyenne, WY 82002-0170
(307) 777-6948
FAX: (307) 777-3693 (no toil-free number)
REGIONAL
OFFICES OF THE OFFICE OF CHILD SUPPORT ENFORCEMENT
REGION I - CONNECTICUT, MAINE, MASSACHUSETTS, NEW
HAMPSHIRE, RHODE ISLAND, VERMONT
OCSE Program Manager
Administration for Children and Families
John F. Kennedy Federal Building
Room 2000
Boston, MA 02203
(617) 565-2478
REGION II - NEW YORK, NEW JERSEY, PUERTO RICO, VIRGIN
ISLANDS
OCSE Program Manager
Administration for Children and Families
Federal Building, Room 4048
26 Federal Plaza
New York, NY 10278
(212) 264-2890
REGION III - DELAWARE, MARYLAND, PENNSYLVANIA, VIRGINIA,
WEST VIRGINIA, DISTRICT OF COLUMBIA
OCSE Program Manager
Administration for Children and Families
150 South Independence Mall West, Suite 864
Philadelphia, PA 19106-3499
(215) 861-4000
REGION IV - ALABAMA, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI,
NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE
OCSE Program Manager
Administration for Children and Families
Atlanta Federal Center
61 Forsyth Street SW, Suite 4M60
Atlanta, Georgia 30303-8909
(404) 562-2952
REGION V - ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, OHIO,
WISCONSIN
OCSE Program Manager
Administration for Children and Families
105 W. Adams Street
20th Floor
Chicago, IL 60603
(312) 353-4237
REGION VI - ARKANSAS, LOUISIANA, NEW MEXICO, OKLAHOMA, TEXAS
OCSE Program Manager
Administration for Children and Families
1301 Young Street, Room 914 (ACF-3)
Dallas, TX 75202
(214) 767-3749
REGION VII - IOWA, KANSAS, MISSOURI, NEBRASKA
OCSE Program Manager
Administration for Children and Families
601 East 12th Street
Federal Building, Suite 276
Kansas City, MO 64106
(816) 426-3584
REGION VII - COLORADO, MONTANA, NORTH DAKOTA, SOUTH DAKOTA, UTAH,
WYOMING
OCSE
Administration for Children and Families
Federal Office Building
1961 Stout Street, Room 325
Denver, CO 80294-3538
(303) 844-3100
REGION IX - ARIZONA, CALIFORNIA, HAWAII, NEVADA, GUAM
OCSE Program Manager
Administration for Children and Families
50 United Nations Plaza
Room 450
San Francisco, CA 94102
(415) 437-8459
REGION X - ALASKA, IDAHO, OREGON, WASHINGTON
OCSE Program Manager
Administration for Children and Families
2201 Sixth Avenue
Mail Stop RX-70
Seattle, WA 98121
(206) 615-2547