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Definition – Child Support Context Administrative Process is defined as a statutory system granting authority to an administrative agency to determine paternity and to establish and enforce orders. ■State legislature must enact statutes authorizing the administrative process ■The statutes must authorize the agency to make determinations in contested cases and provide some manner of enforcing those determinations ■Federal law requires the use of administrative processes
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Administrative Process
Presenter: Kristen Erickson-DonadeeState of California DCSS, Legal
Services DivisionStaff [email protected]
Definition – Child Support ContextAdministrative Process is defined as a statutory
system granting authority to an administrative agency to determine paternity and to establish and enforce orders.
■State legislature must enact statutes authorizing the administrative process
■The statutes must authorize the agency to make determinations in contested cases and provide some manner of enforcing those determinations
■Federal law requires the use of administrative processes
Analysis of Other States
Administrative■Maine■Missouri■Oregon■Virginia■Washington
Quasi-Administrative
■Pennsylvania■Texas
Steps in the Administrative Process
1. Notice2. Response3. Right to Administrative Hearing4. Review of Administrative Action
Notice of Child Support Obligation
■Contents: ✷ Petition only
• Maine, Pennsylvania – time to respond or cite to conference
• Missouri, Oregon, Virginia – informal or precursor to administrative process
✷ Petition + Proposed Order• Maine – additional time for response after
Petition• Missouri, Oregon, Texas, Virginia,
Washington
Service of Notice
■Personal Service✷ Always an option, but many states use it
only as a last resort, or require where paternity is at issue
■Certified or other mail✷ Maine, Missouri, Oregon, Virginia,
Washington✷ Pennsylvania – some use of informal, first-
class mail service
Response
■Response/Request for Hearing can be:✷ Written✷ Oral
■Time limit to Respond can be:✷ As little as 10 days✷ As much as 30 days
Administrative Hearing■LCSA Representative:
✷ Caseworker or equivalent✷ Attorney
■Hearing Officer:✷ ALJ✷ Attorney✷ Non-attorney
■Administered by:✷ Outside agency✷ Within DCSS
Judicial Review
■How to Petition:✷ Written request by party is universal
■Time limit for Petition:✷ As little as 10 days,✷ As much as 30 days
■Type of Review:✷ De Novo✷ Limited to the Record
Miscellaneous
■Administrative modification of court orders✷ Requires judicial approval of modified order
prior to becoming effective✷ Court must either approve or set for de
novo hearing■Enforcement:
✷ Docketing or Registration is done either at the time the administrative order is obtained, or when judicial enforcement action will be taken
