|
|
Purchase $14.95
Educational CD Rom Version
Share your child support experiences at the Child Support Forum
|
|
Government Child Support
Enforcement Responsibilities
U. S. Congress - federal laws which are binding on states and approves
funding for Title IV-D Government Child Support Enforcement Agencies of
the social Security Act government child support enforcement agencies.
For example : federal funding for 66%of the cost of state/county Title
IV-D Government Child Support Enforcement Agencies Child Support
programs
U. S. President - Responsible for Executive Branch of government with
implement laws passed by congress and monitors expenditures approved in
budget. Appoint Cabinet member, U. S. Secretary of Health and Human
Services who is responsible for child support programs
State Legislatures - enact state laws which mirror federal laws and
other laws which are in addition to those which do not change or
decrease federal mandates in any way. Approve state budget for
state/county child support enforcement programs and agencies. Affects
all agencies involved: courts, prosecutors ( DA's, state attorneys
etc.), sheriffs, clerk of courts, county board of commissioner(
supervisors, county legislature).
Designated State IV-D Agency: receives federal funding for state child
support agency, has contracts with other government agencies and
vendors to deliver services ( see list below). Responsible to implement
laws and regulations( explanation of the laws), supervise staff/
vend-dor/contractors, responsible to ensure federal and state laws are
followed and properly implemented. All contractors are paid with federal
funds at least in part.
Organized in three basic ways:
State operated- most employees work for the state, contracts with
prosecutors, sheriffs and vendors for some services
State supervised county operated: passes regulations for counties to
follow and passes down federal funding to counties for operations.
State supervises county implements.
Hybrid: State and county split authority and duties
based on state specific laws and regulations
Contracted and In-House Parts of a State Child Support System:
Caseworkers are employees of the state in a state operated system. They
are employees of the county in a state supervised county run
system. Hybrids include situation where caseworkers can either
employees of either the state or county.
1. Intake- opening cases can be done at:
a. At the designated IV-D Agency
b. courts - at time of divorce or
establishment of paternity
c. Welfare Agency- required when on goes
on public assistance and other cases if this
agency is designated State IV-D Agency
d. by mail - required by federal law
e. Prosecutor ( DA, State's Attorney,
contract attorney) - if specified in their contract
f. Hospitals: - at time of birth for
paternity cases - if specified in their contract
g. other - as specified in contract
2. Locating Absent parents and their income and assets
a. Designated IV-D Agency - required by
federal law for federal and state parent locator service
b. Other State agencies- e.g. CA
Franchise Tax Board
c. Private sources such a credit
bureaus- most states do his as part of state parent locator service
d. Investigative Units- e.g Sheriff's
Department, private investigators
3. Establishing Paternity
a. Hospitals- at time of birth as
specified in contract
b. attorney - prosecutor, or private
attorney- as specified in contract
c. hearing officers at IV-D agency- for
administrative establishment process. They can work directly for
the
state or county agency or for a different county or state agency
d. courts- referees ( magistrates,
hearing officers, etc.) for court cases
e. various county agencies to
voluntarily establish paternity such as birth registrar, health
Department,
WIC, etc.- as specified in
contract.
4. Establishing Orders
a. attorney -
prosecutor, or private attorney- as specified in contract
b. hearing officers at IV-D agency- for
administrative establishment process. They can work directly for
the
state or county agency or for a different county or state agency
c. courts- referees ( magistrates,
hearing officers, etc.) for court cases
5. Enforcing Orders
a. attorney - prosecutor, or private
attorney for civil processes- as specified in contract
b. hearing officers at IV-D agency- for
administrative enforcement hearings. They can work directly for the
state or county agency or
for a different county or state agency
c. courts- referees ( magistrates,
hearing officers, etc.) for court cases
d. prosecutors( DA'S , state attorneys)
- criminal non support - referral sent by IV-D and their contractors
as specified in contracts-
also people can contact directly
6. Process of Service ( serving legal notice)
a. sheriff- as specified in contract -
some state prohibit contracts but require sheriff to
perform
this
duty under state law
b. Private process servers- as specified
in contract
7. Court Document Record Keeping
a. Clerk of Courts
8. Court - federal law allows state IV-D program to reimburse
courts for staff and expenses incurred on
child support cases. In most
states this include Domestic Relations and Juvenile Court
a. Judges - as specified in contract
b. Hearing Officers - as specified in
contract
9. Payment Processing - State Disbursement Units (SDU)
a. Designated IV- D Agency
b. Private vendor such as ACS, Bank One,
etc..
c. State Treasurer's of other State
agency - e.g. MN
d. Debit card companies for electronic
transfer of funds- e.g. US Bank dos this for MN
10. Probation Departments - Criminal
cases ( except NJ where Probation Department is the county IV-D
agency)
a. probation officer- monitor payments
of those guilty of criminal non support- interact with courts,
prosecutors and IV-D agency
to do this - a specified in contract
11. U. S. Attorneys- receives referrals
for federal criminal non support charges from IV-D- people
can
contact directly too
a. investigators- work for U.
S. Attorney or can be FBI agent or can be from, PSOC, Please Save our
Children, who are U.S. Marshals and local law enforcement personnel.
b. Assistant U.S. Attorney - as
specified in contract
c. U.S. Marshal- apprehend
and transport those charge with federal criminal non support.- as
specified in
contract
|
|
|
