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Child Enforcement Handbook
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.
TABLE OF CONTENTS
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 I. INTRODUCTION 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:
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 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:
information about his or her income and assets - payslips, tax returns, bank accounts, investments or property holdings
You play a big role in getting the child support your children deserve. 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. II. FINDING THE NONCUSTODLAL PARENT: LOCATION 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:
vital statistics 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
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. III. ESTABLISHING FATHERHOOD: PATERNITY 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. 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. IV. ESTABLISHING THE SUPPORT ORDER: OBLIGATION 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 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. V. ENFORCING THE SUPPORT ORDER: ENFORCEMENT 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 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. 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. VIII. CONCLUSION 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. GLOSSARY OF CHILD SUPPORT ENFORCEMENT TERMS 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 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 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 Genetic
Testing - analysis of inherited factors (usually by blood or
tissue test) of mother, child, and alleged Guidelines
- a standard method for setting child support obligations based on the income
of the 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 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 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 Offset
- amount of money taken from a parent's State or Federal income tax refund to
satisfy a child 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, Probability
of Paternity - the probability that the alleged father is the
biological father of the child is indicated by 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 STATE CHILD SUPPORT ENFORCEMENT OFFICES 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
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