your case is initiating closure child support

As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. VIII.This section provides guidance on completing the OCSE reporting forms. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). Case closure is one of eight required categories States must assess. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. The final rule balances good case management and workable administrative decisions with providing needed services, always erring in favor of including any case in which there is any chance of success. Case Closure Checklist Why Didn't My Case Close 2. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. Response: As we stated in OCSE-PIQ-91-02, a IV-D case is defined, for the purposes of the OCSE Child Support Enforcement Program Quarterly Data Report (OCSE-156) and the Child Support Enforcement Program Annual Data Summary Report (OCSE-158), as a noncustodial parent (mother, father, or putative father) who is now or eventually may be obligated under law for the support of a child or children. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. These are the individuals to whom the IV-D agency is required to send the child support collection. Why not to fight your ex for child support, alimony or other money. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. Because of this, not every individual who is unable to provide the IV-D agency with sufficient information should be determined to be not cooperating with the IV-D agency. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. If, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. 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. In the case of the food stamp program, the Act. (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. DATES: Consideration will be given to comments received by April 27, 1998. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). 2. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. Under UIFSA, States may send a withholding notice directly to an employer in another State. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). 2. The fact that a case is closed has no impact on the underlying orders for support. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. (f) When CSS staff closes a case, CSS: SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. It is meant to be illustrative and is not intended to be exhaustive. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. Response: No. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' * * * * *, (b) * * * 1. In an effort to be responsive to the President's Memorandum of March 4, 1995, which announced a government-wide Regulatory Reinvention Initiative to reduce or eliminate burdens on States, other governmental agencies or the private sector, and in compliance with section 204 of the Unfunded Mandates Reform Act of 1995, Pub. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. Dated: October 21, 1998. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case You should also give details about the payments, such as the amount and payment dates. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. In addition, the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions'' from cooperation, to more accurately implement the requirements of section 454(29) of the Act. The primary impact is on State governments. It may also be possible to close the case, under 303.11(b)(11), if the IV-D agency is unable to contact the custodial parent within a 30-day period despite attempts by both phone and at least one certified letter, or under 303.11(b)(12), if the IV-D agency documents the circumstances of the custodial parent's non-cooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. * * * * *, (b) * * * To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. 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." 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. Case Closure Desktop Guide 4. 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). Conversely, another commenter objected to reducing the existing three-year period to one year. Until the family receiving continued IV-D services requests the State to close the case, the case must remain open, without any application or application fee. What Happens if Child Support Isn't Paid. Child Support Case Managers establish, modify, enforce child support orders and maintain all financial aspects of a child support case by determining and deciding needed action, initiating and authorizing administrative and judicial legal action and preparing cases for hearing. c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. Order: A command of the court that decides an issue or directs action. Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? 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. 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: Federal regulations at 302.33(a)(4) require the IV-D agency, as part of the continuation of services for former assistance recipients, to notify the former AFDC family of their rights and responsibilities under the IV-D program, similar to the explanation given to applicants for IV-D services. The IV-D agency must maintain documentation of the recipient's consent in the case record . 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. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. Assistant Secretary for Children and Families. Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. Serve: Deliver legal paperwork to a party. There are several ways to enroll. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. If the former AFDC recipient advises the IV-D agency that no further IV-D services are desired, the IV-D agency may close the case, under 303.11(b)(9). 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. 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. However, if the identity of the noncustodial parent is known, but his/her location is unknown, then there are multiple locate resources available to the IV-D agency. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. Response: No. (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 12.1 Preparing for Termination of Services. (Catalog of Federal Domestic Assistance Programs No. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. Federal self-assessment regulations require that at least 90 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. Response: No. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. SUBJECT: Clarification of Case Closure Criteria. We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. even with support, a child is not safe within the family, child . IV-D child support cases 1. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. In preparing the notice of proposed rulemaking, we also consulted with several advocates and other interested parties and stakeholders, including custodial parents and groups advocating on their behalf, to discuss their concerns with the IV-D Directors' Association recommendations and about the case closure criteria in general. 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 case worker will send the closure request to the Responding State via CSENet or regular mail. Otherwise the case must remain open until the three-year time period has expired. 6. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. Paragraph (c) was also revised to clarify that the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12) must send a notice of case closure to the initiating State. 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? If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. 2. Response: Once the IV-D agency has closed a case pursuant to an appropriate case closure criterion under 303.11, it need not continue to provide enforcement services. This will open the Maintain Case page. Money is often cited as the No. The following table provides guidance for determining when and how to close cases. IX. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? Find a Local Office. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. For these reasons OCSE decided not to adopt this recommendation. 99-5831 Filed 3-9-99; 8:45 am] Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. 2. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. 5. of Revenue. to issue a notice to an address they know to be obsolete. Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Click on the case name hyperlink. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. * * * * *, (iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services; Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. 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. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. requires that the good cause determination in food stamp cases subject to referral to the State IV-D agency be administered by the food stamp agency itself. The family may have no other mailing address through which it could receive notice of case closure. Response: Section 454(29) of the Act provides the States the option to have good cause determined by either the State IV-D agency, or the agencies administering the State's TANF, IV-E or Title XIX funded program. The Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. 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. To find out if your case may be transferred, contact your current CSEA.

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