TIMEFRAMES ALL STATE GOVERNMENT CHILD SUPPORT IV-D AGENCIES MUST FOLLOW
ALL SECTIONS ARE CODIFIED FEDERAL REGULATIONS (CFR)
I. APPLICATIONS
CFR Section 303.2(a)(1) states IV-D agencies ( state government child support agencies) must have applications available. Applications are to be available at the time of request, if the request is made in person. If request is made by phone or mail, the application must be sent within 5 working days. AFDC cases must wait for referral to IV-D, which can take until AFDC determination is completed. States have 45 days to do this after a person applies for AFDC. The same explanation must be sent to AFDC recipients within 5 working days of case referral to IV-D.
CFR Section 303.2(a)(2) says application must include description of services available, person’s rights and responsibilities, state policy on fees, costs, and distribution of collections.
II. CASE OPENING by IV-D
CFR Section 303.3(b) states a case must be opened within 20 calendar days of application or AFDC referral. Case opening includes: establishing a case record, assessment of case to determine action needed, solicitation of needed information from custodial parent and other relevant sources. Also includes: initial verification of information such as employer, etc. If location information about the payor is known, IV-D must proceed with enforcement/establishment action; if location is unknown IV-D must refer case for location attempts as specified in CFR Section 303.3
CFR Section 303.3(b)(3) requires IV-D agency to use appropriate federal, interstate and local location sources such as: state agency records, etc. All sources must be checked within 75 days. This includes the Federal Parent Locator System (FPLS) and seeking a State Parent Locator from the state where the absent parent lives. IV-D must refer the case to the state Central Registry for a State Parent Locator within 20 days of determining that the absent parent is in the other state. The state in which the absent parent lives must attempt to locate the absent parent at least quarterly.
III. PARENT LOCATOR
CFR Section 303.3(b)(8) requires states to do a locator quarterly when previous attempts are unsuccessful.
CFR Section 303.11(b)(5) allows states to close a case if after 3 years of quarterly checks to locate are unsuccessful.
CFR Section 303.3(a) defines location as finding the physical whereabouts of the absent parent or the absent parent’s employer, other sources of income or assets as necessary to take the next appropriate action.
CFR Section 303.3(b) requires IV-D agency to use appropriate federal, interstate and local location sources such as state agency records, etc. All sources must be checked within 75 days. This includes using the Federal Parent Locator System (FPLS) and seeking a State Parent Locator from the state in which the absent parent lives.
States are to refer the case to the other state’s Central Registry for a state parent locator within 20 days of determining that the absent parent is in the other state. The state in which the absent parent lives must attempt to locate the absent parent quarterly.
CFR Section 303.3(b)(5) requires state IV-D agencies to do State Parent Locators quarterly on all cases and to submit the case annually for a Federal Parent Locator.
IV. ESTABLISHING PATERNITY AND CHILD SUPPORT ORDERS
CFR Section 303.5(1) requires that paternity be established or the punitive father be excluded within one year after located.
CFR Section 303.4(d) requires IV-D agencies to establish an order for support within 90 calendar days of locating an absent parent or of establishing paternity.
If legal service of notice is needed, it must be completed or documented, that attempts of legal service of notice have been made. States must use diligent efforts to obtain legal service of notice. Support orders must be established within 90 calendar days of successful legal service of notice.
CFR Section 303.3(b)(5) requires state IV-D agencies to do State Parent Locators quarterly on all cases and to submit the case annually for a Federal Parent Locator.
CFR Section 303.4(e) requires that in cases where a support order is dismissed without prejudice, the IV-D agency must examine the reasons for dismissal and determine if it is appropriate to take more action in the future and to do so if needed.
CFR Section 303.3(a)(1) requires the IV-D agency to file for paternity establishment within no more than 90 calendar days of locating an absent parent. This includes complete legal service of notice or documented unsuccessful attempts at legal service of notice.
CFR Section 303.5(a)(2) requires that paternity must be established within one year unless the alleged father is excluded due to blood tests or legal process. The one year time period begins at successful legal process of service or when the child reaches age 6 months, which ever occurs later.
CFR Section 303.3(c) requires state IV-D agencies to use competitive bid process for hiring a laboratory to do blood tests and to make the list available to courts, law enforcement officials, and the public upon request. The term “blood test” is replaced with the term “genetic test” throughout the regulations.
V. ENFORCEMENT OF THE SUPPORT ORDER
CFR Section 303.6(a) requires IV-D agencies to monitor cases and to be able to identify delinquencies of one month or more; this monitoring includes child support payments and health insurance.
CFR Section 303.6(b) requires the IV-D agencies to maintain and use an effective system for identifying cases in default.
CFR Section 303.6(c)(1) requires states to start income withholding administratively, if appropriate, or take any needed enforcement action within no more than 30 calendar days of identifying the delinquency. This includes beginning location attempts. If legal service of notice is needed, the IV-D agency must complete it or document unsuccessful attempts. If legal service of notice is needed and successful or if it is not needed, the action to enforce must be completed within 60 days of the identification of the delinquency.
CFR Section 303.6(c)(4) requires IV-D agencies on case which enforcement attempts have been unsuccessful, to determine what further enforcement action can be taken and to take that action.
EXAMPLE: On Aug. 1, non-payor is one month behind in payments. IV-D must take action to attach wages or take other enforcement action within 30 days. This would be by Sept. 1. The enforcement action must be completed by Oct. 1 unless legal service of notice is a problem. If legal service is a problem the IV-D agency must document efforts to obtain service.
VI. IRS OFFSET
CFR Sections 303.102 and 303.70(b) requires states to submit all appropriate cases for IRS offset and state offset annually. Each September, all states send to the IRS a list of non-payors that owe $500 or more in back child support. If the non-custodial parent is owed a federal income tax refund, it is intercepted and sent to you to pay the back child support.
VII. DISTRIBUTION OF PAYMENTS COLLECTED
CFR Section 303.32(f)(1) says on interstate cases, the state that collects the payment is required to send it to the state where the custodial parent lives within 10 days.
CFR Section 302.32(b) requires IV-D agencies to inform IV-A (AFDC) agencies within 10 working days of a collection being made.
CFR Section 302.32(f)(2) requires IV-D agencies to send payments to the IV-A (AFDC) agency if more than $50 is collected, within 15 calendar days of initial receipt by the state where the custodial parent lives; or if the payment is less that $50, within 15 calendar days of the end of the month in which the collection was made.
When the IV-A (AFDC) agency receives the payment, it must forward it to the family within 15 calendar days if the payment is $50 or more; or if less than $50 it has until 15 days within the end of the month of having received the collection.
EXAMPLE 1: Non-custodial parent pays $50 on Aug. 1 to a FL IV-D agency. That agency must send the payment within 15 days to the FL IV-A agency. This would be Aug. 15. The IV-A agency then has 15 calendar days to send the payment to the custodial parent. This would be Aug. 30. [30 DAYS]
EXAMPLE 2: Non-custodial parent pays $50 on Aug. 1 to a CO IV-D agency. The CO IV-D agency must send the payment to the IV-D agency where the custodial parent lives in FL by Aug. 15. The FL IV-D agency must send the payment to the FL IV-A agency ( TANF – Welfare) within 15 days which would be Aug. 30. The FL IV-A ( TANF – Welfare)agency must send the payment to the custodial parent within 15 days or by Sept. 14. [45 DAYS]
CFR Section 302.32(f)(3) requires the following action for non-AFDC cases: IV-D agencies must send the payments to the families within 15 calendar days of initial receipt of the payment in the state.
EXAMPLE 1: Non-custodial parent pays $200 on Aug 1 to the Clerk of Courts who works under contract with the IV-D agency. That payment must be to the custodial parent in 15 calendar days. That is by Aug. 15.
EXAMPLE 2: Non-custodial parent pays $200 on Aug. 1 to a FL IV-D agency. The FL IV-D agency must send the payments to the state where the custodial parent lives in CO within 15 days. That is by Aug. 15. The CO IV-D agency must send the payment to the custodial parent within 15 days or by Aug. 30. [30 DAYS]
CFR Section 302.32(b)(5) requires that collections made via IRS or State offset be sent to the family within 30 days of receipt by the IV-D agency unless state law allows a post-offset appeal process. If an appeal takes place, the agency must send the payment to the custodial parent within 15 days of resolution of the appeal.
CFR Section 302.32(f) requires the entity which collects child support, such as employers via income withholding, must forward the payment to the IV-D agency within 15 days.
VIII. MODIFICATION OF SUPPORT ORDERS
CFR 303.8( c)(2) states are required to review cases for modification every three years or a change of circumstances of the parents. This means that you or the non-custodial parent can request a modification of your child support order every three years.
CFR 303.8(ii) states that allows you to request a modification of your support order to include medical coverage through health coverage or other means.
IX. CASE CLOSURE CRITERIA
CFR Section 303.11(c) requires states to notify the custodial parent, in writing, 60 calendar days prior to case closure. IV-D agencies are required to keep cases on file after closure for three years.
The case may be left open if the custodial parent supplies information which gives the agency further leads to establish paternity or a support order or to enforce a support order; or, if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of a support order.
CFR Section 303.11 allows the following as case closing criteria:
1. Child has reached age of majority; there is no longer a current order for support; and there is no arrearage or the arrearage is less that $500; or the order is unenforceable under state law.
2. Death of non-custodial parent or alleged father occurs and there is no further action that can be taken such as levy against the estate.
3. Child has reached the age 18 and action to establish paternity is prohibited by state law; or blood tests have excluded an alleged father; or the alleged father can not be identified. Case may also be closed if birth is a result of incest, rape, domestic violence, or an adoption is pending; or a finding of good cause by IV-A( TANF – Welfare) has been made.
4. If IV-D has been unable to locate a non-custodial parent after making repeated quarterly location attempts via State Parent Locator System (SPLS) and Federal Parent Locator System (FPLS) over a three year period.
5. If the non-custodial parent is in jail, a psychiatric institution or has a verifiable medical, total, permanent disability with no evidence of support potential. The state must determine that there is no income or assets available to the non-custodial parent which can be attached for support.
6. If the non-custodial parent is a citizen of a foreign country, lives in the foreign country, does not work for the U.S. government and has no U.S. sources of income or assets; and the state can not get a reciprocal agreement with the country where the non-custodial parent lives to collect the support.
7. If the case was opened for location only service, it is closed once the location service has been provided.
8. If a non-AFDC client requests closure and there is no arrearage owed to the state.
9. If there has been a finding by the IV-A (AFDC) agency against the custodial parent for failure to cooperate.
10. If the IV-D agency is unable to contact the custodial parent for at least 30 calendar days. Attempts to contact include phone, letter and at least one registered letter.
