Question 21: How is a "case" defined for reporting purposes, using the forms OCSE-156 and OCSE-158, and for case closure purposes, under 303.11(b)? Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. , GA 30303. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. Serve: Deliver legal paperwork to a party. Arrears: Past-due unpaid support, including interest. However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. II. 3. 3. 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. Make sure you have a current version of Adobe Reader. Emancipate: Refers to legal emancipation, which frees a minor child (under 18) from the parents control if the minor marries, joins the armed forces, or gets a court order of emancipation. The following table provides guidance for determining when and how to close cases. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. 3. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. 5. 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. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? 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. As noted above, one State responded to the NPRM with the request that they be. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. This section describes IV-D cases in which no action can be taken at the present time. Closure Code Chart - Child Support Quest Case Closure General Case Closure Closure Code Chart Updated on July 25, 2022 Closure Code Chart As of July 22, 2022. 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. Under UIFSA, States may send a withholding notice directly to an employer in another State. Question 31: After a IV-D case has been closed in accordance with case closure criteria, is the IV-D agency obligated to continue to provide enforcement services? 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. 605(b), as enacted by the Regulatory Flexibility Act (Pub. 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? For these reasons OCSE decided not to adopt this recommendation. In all cases, the child support specialist will try to locate the non-custodial party by checking federal, state and local sources to find the mailing address, employment or assets of the non-custodial party. 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. If your case was not filed by CSE, a judge will instruct you on how to pay. Case Closure Checklist Why Didn't My Case Close 2. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. There is no requirement that the other parent also must be provided with notice in such cases. As we stated in OCSE-PIQ-91-14, Federal policy for case closure, under 303.11(b)(2), allows a case to be closed if there is no current support order and the arrearages are under $500 or unenforceable under State law. 45 CFR Part 303 It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. Proceed with closure of your responding IV-D 651 et seq.). 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. In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. 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? However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. 2. Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? OCSE Central Office coordinates the EVS program with the Social Security Administration. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. Sending the notification regarding intended IV-D case closure to the custodial parent, as required under 303.11(c), does not fulfill the regulatory requirement under 302.33(a)(4). 1. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. VI. Similarly, should the State close a IV-D case in accordance with paragraph (b)(3) or (4), for example, because the location of the individual being sought is unknown, IV-D case closure alone may not be used to determine noncooperation by a TANF recipient. If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. 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. 2. Question 3: May the IV-D agency close a case, with an order already established, in which the noncustodial parent is unemployed and has no other income or attachable assets? 12.1 Preparing for Termination of Services. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. 2. 303.7 apply and will drive the decision as to whether or not an initiating State has failed to take an action that is essential to the next step in providing services. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. If so, are arrearages automatically discharged? 6. 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). III-VII.These sections offer examples of case closure involving IV-D cases on behalf of AFDC recipients, former AFDC recipients, non-AFDC Medicaid recipients, Title IV-E foster care recipients, and non-AFDC applicants for IV-D services, respectively. Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. In response to these comments, we promulgated 303.11(b)(12) which allows closure for non-cooperation in non-AFDC cases when the case file documents the circumstances of the non-cooperation, and an action by the custodial parent is essential for the next step in providing services. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. As part of the regulation reinvention effort, Sec. There are several ways to enroll. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. 3. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. 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? CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. 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. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. 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. For cases needing enforcement action, 303.6(c)(4) specifies that the IV-D agency must examine the reasons the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future, and to do so at that time. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). 1. Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. 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. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. 3507(d)). 303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. Question 30: If a State has complied with the case closure criterion at 303.11(b)(5), may it close a IV-D case regardless of the existence of a support order or the amount of past due support? The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. 5. Comment: One commenter suggested that this regulation allow a State to close the non-IV-D case that remains in existence (e.g., payment registry responsibility) after a IV-D case is closed. Federal self-assessment regulations require that at least 90 Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. Question 27: If States have to send the notice of intent to close the case to the custodial parent's last known address, what should be done if the family is homeless, and the only address on record with the IV-A and the IV-D agency is the address of the IV-A agency? When a case is closed it means that CSSD will no longer provide services for that case. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). Click here for step-by-step instructions **. 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. Comment: One commenter requested that paragraph (b)(1) be expanded to allow for the closure of a case which has a valid enforceable current support order, but where there has been no collection for a period of three years, to allow a State to close cases with low collection potential. The closure of your child support case may affect your Medicaid coverage . Accordingly, paragraph (b)(2) is removed. 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. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 1. 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). This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. 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)? This Action Transmittal is organized as follows: I. 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. 1. Description of Regulatory Provisions---Sec. Dated: October 21, 1998. The other State is being contacted for the limited purpose of location. 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. Passport Denial Program (PDP): Passport Denial Program. (f) When CSS staff closes a case, CSS: Comment: One commenter requested the final rule include a definition of the term "good cause.''. (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 . CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. Response: Under 302.33(a)(4), whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. This will open the Case Closure page. In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. Judge will instruct you on how to close cases recipient of services issue in mind when they are revising.: in this final rule OCSE makes a distinction between `` identifying and. Dependent child he or she may be obligated to support 651 et seq ). Order, e.g., the amount of current child support order is enforceable replacement of the armed forces )... Office coordinates the EVS program with the current `` regular '' mailing requirement response OCSE! In cases in which paternity has not been established prior to termination of AFDC eligibility no. 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