Specifically, these commenters asked if an entity working with the IV-D agency via a cooperative agreement would qualify as IV-D staff? Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. For cases requiring location of the noncustodial parent or his or her income or assets, 303.3(b)(5) specifies that repeat efforts must be made on a quarterly basis or immediately upon receipt of new information. 6. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' This will open the Maintain Case page. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Question 32: May a IV-D agency adopt a policy of requiring IV-D obligees to request closure of their IV-D cases if and while they have entered into contracts with private collection agencies for collection of child support? Policy. Comment: Two commenters requested clarification of the requirement in subparagraph (b)(3)(iv) that at least one interview of the recipient of services be conducted by IV-D staff. This section describes IV-D cases in which no action can be taken at the present time. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for IV-D services. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: . Case Closure Checklist Why Didn't My Case Close 2. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 3. Why not to fight your ex for child support, alimony or other money. IV-D services are available to both custodial and noncustodial parents. Dated: October 21, 1998. If the amount owed to the state on the case is greater than $500, the case will not close; If the amount owed to the state on the case is greater than 0 and less than $500, the case will close, unless there has been a payment in the last 365 days. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. 5. Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. Response: No. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. The more information you provide helps us expedite the child support process. 2. The State requesting the information must comply with the location timeframes established in 303.3(b)(3). The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. 1. For example, if the noncustodial parent applies for IV-D services, and later requests case closure, the State may wish to contact the custodial parent to determine whether she/he would like to continue to receive services. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. For example, the obligor's duty to provide child support survives the death of the obligee. Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. There is no requirement that the other parent also must be provided with notice in such cases. Contact Us Please fill out the form below and our attorney will contact you. Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. When these two factors came into direct conflict, we attempted to resolve the issue in favor of keeping a case open if there is a chance of success. Here's how to remove a limitation from your account: Go to the Resolution Center. Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. The Secretary certifies, under 5 U.S.C. The closure of your child support case may affect your Medicaid coverage . Responding case, use transmittal#2 to other state acknowledging closure as closure letter Give to Supervisor for closure approval and case note CP REQUEST CLOSURE: Yes NA 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). Using the proceeds from your ex's new job to pay child support. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. States should keep in mind, however, that case closure is permissive, not mandatory. The Department has determined that this rule is consistent with these priorities and principles. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. In accordance with the requirements of 466(a)(9) of the Act and 303.106(a)(1), these arrearages are judgments by operation of law and are subject to enforcement." Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. 4. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. Response: No. For these reasons, OCSE has decided not to adopt this recommendation. Child support cases do not automatically close when a child turns 18 or emancipates. OCSE regulation 302.33(a) provides that child support services established under a State plan shall be made available to any individual who files an application for the services with the IV-D agency. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. Response: Under 302.33(a)(4), whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Response: No. Since the criteria is the same for both subsections, the distinction is unnecessary. There are several ways to enroll. In addition, this final rule is intended to provide program guidance well into the future. * * * * *, (b) * * * As work increases in complexity, * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). 303.11. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) . For that reason, if the child dies before paternity is established in an AFDC paternity case, the IV-D agency may close the case for that child. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? allowed to continue to use certified mailings for their case closure notices. As we stated in OCSE-PIQ-91-02 and OCSE-PIQ-91-14, the case closure criteria enumerated in 303.11(b) do not allow the IV-D agency to close the IV-D case when the AFDC custodial parent refuses to cooperate and is removed from the AFDC grant. 2. This commenter requested that paragraph (c) be revised to indicate that the "recipient of services'' is, in fact, the "former'' recipient of services when this term is referencing an individual whose case has been closed. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. Child support cases are therefore designated as either "IV-D cases" or "non-IV-D cases." Family law practitioners should understand the difference between IV-D and non-IV-D cases and what services are provided in each type of case. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. When the arrearages are fully collected, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests and there is no assignment to the State of arrearages which accrued under a support order. Comment: Two commenters observed that section 454(29) of the Act exempts a public assistance recipient from the requirement to cooperate with the IV-D program for good cause "and other exceptions.'' You should also give details about the payments, such as the amount and payment dates. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. When a non-AFDC individual subject to fees or cost recovery fails to pay any fee prescribed in Federal regulations or reimburse the State for costs associated with providing IV-D services, and charged to that individual, the IV-D agency may close the case under this criterion when the payment of such fees or costs is required under the IV-D State plan. This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. Section 303.11(b)(11) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) (an applicant for IV-D services), or 302.33(a)(1)(iii) (former AFDC, former IV-E foster care, or former Medicaid recipient), may be closed, if the IV-D agency is unable to contact the custodial parent within a 30-calendar-day period despite attempts by both phone and at least one certified letter. 6. 3. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. Thirty-one individuals or organizations provided comments to the proposed rule. With respect to the example in the comment of payments being made directly to the family, in IV-D cases, payments must be made through the State IV-D agency and then forwarded to the family. Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. Comment: One commenter requested that paragraph (b)(1) be expanded to allow for the closure of a case which has a valid enforceable current support order, but where there has been no collection for a period of three years, to allow a State to close cases with low collection potential. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. The IV-D agency may also close the IV-D case at the request of the custodial parent if the case closure requirements of 303.11(b)(9) are met. If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. Step 5: State your request to terminate child support payments and . May the IV-D agency close the IV-D case? 1. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. We believe a one-year waiting period achieves a reasonable balance between the desire to assure that workable cases remain open and the desire to close those cases which show no promise of being workable. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? Clearly, not every TANF recipient will be able to provide the IV-D agency with sufficient information about the biological father to allow the IV-D agency to proceed with an action to establish paternity. If your case was not filed by CSE, a judge will instruct you on how to pay. If your child is an emancipated minor and you are required by law to pay the child support then those responsibilities to pay the child support do not just go away. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! The IV-D agency should periodically monitor the noncustodial parent's status to ascertain the expected release date, and take appropriate action at such time. Commissioner 2. 2. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. Set forth in section 303.3, such as the amount and Payment dates as the amount and Payment.... 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