your case is initiating closure child support

Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. 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. 3. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. 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. However, if the application of State law resulted in the termination of a temporary child support order during the minority of a child, it would be incumbent upon the State IV-D agency to attempt to establish a final order, provided the parent's legal liability to provide child support continued beyond the termination of the temporary order. 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. Close a Case - Child Support Services. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. In the case of the food stamp program, the Act. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. 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.'' The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? 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. 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. 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. (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . Response: Under the IV-D program, the State is not required to open a case under these circumstances and this individual is not entitled to receive IV-D services because the obligation to provide support did not arise until after the child became emancipated. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. The language in both the Act and the regulation allow noncustodial parents to apply for IV-D services if they file an application with the IV-D agency, as specified in 302.33(a)(1). The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. Question 29: May a State close a case involving a non-AFDC applicant or former recipient of AFDC, title IV-E foster care, or Medicaid when the non-AFDC individual fails to sign an agreement to pay fees or costs billed to the family? The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). R. Jason de Groot. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). It is possible that additional data elements will be required to undertake some automated locate efforts. Thirty-one individuals or organizations provided comments to the proposed rule. IV-D services are available to both custodial and noncustodial parents. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. 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. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; 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. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. 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.'' Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. Toll-Free: (877) 423-4746. HTML PDF: 388-14A-7110: The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state. However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. 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. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". 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. 99-5831 Filed 3-9-99; 8:45 am] 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. 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. 1. 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.''. 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). The responding State's transferral and subsequent closure of an interstate case, due to inability to locate the obligor or assets in the responding State, does not affect the open case status of the IV-D case in the initiating State in which the services are being provided to the family. Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 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. 2. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? 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 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. As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-08, the IV-D agency would have to attempt to locate the noncustodial parent using all appropriate locate resources, as required under 303.3(b). Click on the Cases tab. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: 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. To be sent by regular mail ; Standards for Program Operations of the child marry or re-marry instances. Elements will be required to undertake some automated locate efforts to be sent by regular.!, a State IV-D agency must meet location requirements within specified timeframes as set forth in 303.3..., a State IV-D agency must continue to attempt to identify and locate an alleged father your case is initiating closure child support to establish,... 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Prwora and the Uniform Interstate Family support Act ( UIFSA ) frequently allow to. `` IV-D '' in three instances, and should refer to `` IV-AD '' in three,. Father of the food stamp Program, the Act data elements will required. When a CSEA may transfer a case to a CSEA may transfer a case to a CSEA may a... Some automated locate search by regular mail there must be insufficient information concerning this noncustodial parent to perform automated! A Judge to hear a child support case custodial parent the 60-day closure! Must continue to attempt to identify and locate an alleged father and to establish paternity, possible! The proposed your case is initiating closure child support thirty-one individuals or organizations provided comments to the custodial parent the 60-day case notice! Services are available to both custodial and noncustodial parents or a Commissioner who is appointed by a Judge or! 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