your case is initiating closure child support

(b) In order to be eligible for closure, the case must meet at least one of the following criteria: MiCSES Reason Code MiCSES Description Manual Automatic 60-Day Notice Click on Submit a Question and send your questions or information. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. A person who seeks to initiate court proceedings against another person. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . 303.11 on case closure criteria was reviewed to determine what changes could be made to help States with their case closure process, while ensuring that all viable cases remained open. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. 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? The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. Proceed with closure of your responding IV-D This rule revises Federal requirements for establishing and enforcing intergovernmental support obligations in Child Support Enforcement (IV-D) program cases receiving services under title IV-D of the Social Security Act (the Act). The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. The fact that a case is closed has noimpact on the underlying orders for support. 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. 1. Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? 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. Case Closure Desktop Guide 4. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. This commenter suggested that the State IV-D agency be authorized to close a case when the obligor presented a risk of serious harm to State or local IV-D staff. 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. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: 5. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? The States have been successful in implementing this standard of review and OCSE has no reason to believe that this standard, when applied to an initiating State as opposed to a custodial parent, will become problematic. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). Case Closure Desktop Guide 4. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. 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. * * * * *. Closure When Wyoming is the Initiating State, the case worker will request the Responding State close its case when: The case meets federal closure criteria as detailed in Chapter 12 Closure; or The non-custodial parent is located in another state. Using the proceeds from your ex's new job to pay child support. Section 118203 - Requirements for Case Closure (a) Each local child support agency shall establish and use a system for closing Title IV-D cases and shall close any case when it meets at least one of the following case closure criteria: (1) There is no longer a current support order and no arrearage payments were made in the preceding twelve consecutive months, and assigned and unassigned . Response: No. The other State is being contacted for the limited purpose of location. Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. This will open the Maintain Case page. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. OCSE recognizes that in some cases the recipient of services will fail to contact the IV-D agency during the paragraph (b)(10), 60 day time period and the agency will be required. It is OCSE policy that because the statute specifically states that any individual may apply for IV-D program services, we cannot exclude a category of applicants. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' Under 303.6(c)(4), in cases in which enforcement attempts have been unsuccessful at the time an attempt to enforce the order fails, the IV-D agency must examine the reason the enforcement failed and determine when it would be appropriate to take an enforcement action in the future, and take an enforcement action in accordance with 303.6 at that time. * * * * *, (b) * * * (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. Step 5: State your request to terminate child support payments and . You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. Another reason why it would be imprudent to adopt this recommendation is that the interstate request for services may be based solely upon an arrearage owed to the initiating State, and the whereabouts of the custodial parent may be unknown to both States. For example, some entities identify individuals by name and date of birth. In paragraph (d), we are making a technical amendment to the rule by removing the reference to "subpart D,'' as that subpart has been reassigned and no longer addresses the issue of record retention. Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. It is meant to be illustrative and is not intended to be exhaustive. A summary of the comments received and our responses follows: 1. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. Comment: One reviewer questioned whether a temporary order would apply to the requirement at paragraph (b)(1) that "there is no longer a current support order?''. In cases in which there is no assigned support, the IV-D agency may also close the case if the custodial parent requests case closure. Thirty-one individuals or organizations provided comments to the proposed rule. For case information, you may also call 1-888-524-3578. Case Closure Checklist Why Didn't My Case Close 2. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. For these reasons OCSE decided not to adopt this recommendation. In general, cases are closed when all support is paid and the person who applied for child support services asks for the case to be closed. 93.563, Child Support Enforcement Program). Question 18: How should the IV-D agency treat a non-AFDC Medicaid case where the custodial parent refuses to cooperate with the IV-D agency in the establishment of paternity and securing of medical support? [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] Response: In order for a paternity establishment case to be eligible for closure under subparagraph (b)(3)(iv), a State must make a meaningful attempt to identify the biological father. 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. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. Comment: One commenter suggested adding to the case closure criteria set forth in paragraph (b)(4) that the IV-D agency interview the recipient of services. Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. regulations, and opportunities for improvement. This section describes IV-D cases in which no action can be taken at the present time. In addition, if the paragraph (b)(10), 60 calendar day time frame was waived in these instances, and the IV-D agency immediately issued the written closure notice required in paragraph (c), this notice would undoubtedly be sent to the very same address reported by the Postal Service to be obsolete. X.This section illustrates a variety of miscellaneous case closure situations. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. 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. Otherwise the case must remain open until the three-year time period has expired. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). 2. Location details. program in establishing paternity and securing support, for which you may be sanctioned. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. . Therefore, the IV-D interview of the recipient of services need not be a face-to-face interview, but may be conducted via the telephone, when appropriate. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. 4. 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. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross SUMMARY: This proposed rule would amend Federal regulations governing procedures for the case closure process in the child support program. Order: A command of the court that decides an issue or directs action. 1. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; The criterion at 303.11(b)(12) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) or (iii) may be closed if the IV-D agency documents the circumstances of the custodial parent's noncooperation and an action by the custodial parent is essential for the next step in providing IV-D services. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' 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." Question 26: If the custodial parent and child(ren) do not receive public assistance and are unwilling to cooperate in the establishment of paternity and a support obligation based on the request of the non-custodial individual, must the IV-D agency continue to assist with the establishment process? When Wyoming is the Responding State, the case worker shall. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. FPLS obtains address and employer information, as well as data on child support cases in . Question 28: May a State which imposes fees in accordance with Federal regulations, or has elected in its IV-D State plan to recover costs from non-AFDC individuals who are receiving services under 302.33(a)(1)(i) (an applicant for IV-D services) or 302.33(1)(iii) (a former recipient of AFDC, title IV-E foster care, or non-AFDC Medicaid), close a case if a non-AFDC individual subject to a fee or cost recovery fails to pay the State the fee or the costs that have been billed to the family? The case must be kept open if the recipient of services or the initiating State supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is reestablished with the recipient of services. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . Response: If the IV-D agency enters into a cooperative agreement to implement this requirement in accordance with the authority at 45 CFR 302.12(a)(3), then the other entity would perform this interview as IV-D staff. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. Comment: One commenter requested that the 60 calendar day notice of case closure time frame appearing in paragraph (c) be reduced to a period of 30 calendar days. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). 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. 3. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Administration for Children and Families (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . This final rule balances our concern that all children receive the help they need in establishing paternity and securing support, while being responsive to administrative concerns for maintaining caseloads that include only those cases in which there is adequate information or likelihood of successfully providing services. State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. Specifically, section 454B(a)(1)(B) of the Social Security Act (the Act) requires that payment registry services be provided to non-IV-D orders meeting the eligibility criteria. Response: There is no residency requirement for receiving IV-D services. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. In light of these considerations, this recommendation was not adopted. 302.33(a)(1) (i) or (iii), the IV-D agency is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address; . Response: No, the IV-D agency may not close the case pursuant to 303.11(b)(6) because action on it may be possible when the noncustodial parent is released from prison. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. The requirements and time frames of Sec. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' Response: Yes. [ ] The initiating agency has closed its IV-D intergovernmental case because . A PRS may be able to reopen the case. When the IV-D agency is unable to identify the noncustodial parent, the only resource available to assist the IV-D agency is the recipient of services. Intergovernmental Closure Actions: From Initiating Agency: 1. Comment: One commenter requested that the final rule expressly provide that the paragraph (c) notice of case closure may be sent by first class mail. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . 1. Having an order from a judge for child support to be paid does not automatically open a child support case. As stated above, in response to comment #5 (General Comments), the Enumeration Verification System will assist States in the identification of missing or incomplete social security numbers. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. Question 14: Which case closure criterion is applicable in a. situation where the IV-A agency refers an intact family (e.g., in an AFDC-Unemployed parent case) to the IV-D agency for paternity establishment services, but AFDC eligibility ends for the entire family before the IV-D agency completes paternity establishment services? * * * * *, h. Paragraph (b)(12) is added to read as follows: Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. Certainly one of these resources is the recipient of services. Similarly, it is OCSE's position that it would be inappropriate for a IV-D agency to close a case in an analogous situation, if the custodial parent hired a private attorney, because that too would not meet one of the case closure criteria set forth in 303.11. even with support, a child is not safe within the family, child . 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. Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes.

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