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Child Support 101
A Training Resource to Assist Mediators Understand the Basics of the U.S. Child Support Program and International Case
Processing
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Key Acronyms• Custodial Party/Noncustodial PartyCP/NCP• Alleged Father/Putative Father – Man who
may be child’s biological father, but who is not married to child’s mother on or before child’s birth and whose parentage has not been determined legally
AF/PF
• Federal Parent Locator ServiceFPLS• Part D of Title IV of the Social Security Act that
authorizes child support programIV-D• Income Withholding OrderIWO• Financial Institution Data Match (also
MSFIDM)FIDM• State Disbursement UnitSDU
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Topics Covered
Overview of Child Support Program Services Provided International Case Processing
Bi-lateral agreements Hague Convention on International
Enforcement of Child Support and Other Forms of Family Maintenance
Role of Central Authority UIFSA 2008
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Program Overview
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Federal/state child support program
established in 1975 due to high divorce rates and increased use of welfare (Title IV-D of Social Security
Act)
Designed to recoup welfare
costs; later also used to recoup Medicaid and
Foster Care costs
Has evolved into a federal/state/tribal/ local partnership
to help families by promoting family self-sufficiency and child well-
being.
All 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and more than 50
federally recognized tribes, run IV-D
programs.
Mission
Enhance the well-being of children by assuring that assistance in obtaining child support—financial and medical—is available through:
Locating Parents
Establishing Parentage
Establishing, Enforcing,
and Modifying Support
Obligations
Monitoring, Collecting,
and Distributing Collections
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CSE Core Mission:Locate Parents
Establish PaternityEstablish OrdersCollect Support
Child Support
Prevention
Engagementof Fathers from Birth
Economic Stability
Family ViolenceCollaboration
Healthy FamilyRelationships
Health Care Coverage
Family Centered Approach
Child Support Policies and Practices Vary Federal statutes and regulations form the backbone
of the Title IV-D child support program Family law is a state responsibility State law, policies, and practices vary even though
each state must have certain child support laws in order to receive funding for its child support program
As sovereign nations, tribes with IV-D child support programs are subject to some, but not all, of the federal child support regulations governing states
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What is a Child Support Order?
The document that sets: (1) an amount of money that a parent must pay for the support of the parent’s child(ren) and/or (2) the responsibility to provide health insurance or cash medical support for the child(ren).
Can include: Court order Administrative order Voluntary agreement with legal effect of an order Current support, medical support, arrears, interest,
retroactive support
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Who Can Receive Services from a Child Support Agency?
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Certain public assistance programs trigger an automatic referral to the IV-D Child Support Program
Parents not on assistance can apply for child support services at little or no cost
Parents with private attorneys can also apply for child support services
Application for Services
• Agency and agency attorneys do not “represent” either party
• There are no residency requirements
Custodial and non-custodial parents can apply for child support services through the child support agency
• Parentage establishment• Order establishment• Enforcement of order• Modification of order (an increase or
decrease)• Processing cases from other countries,
states, or tribes• Referrals to fatherhood or employment and
job training programs
Services may include:
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Federal Locate Services
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Federal Parent Locator Service
FPLS
National Directory of New Hires
NDNH
New Hire DataQuarterly
Wage DataUnemployment
Data
Federal Case Registry
FCR
Additional Federal
Agencies
State Locate Sources
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Department of Motor Vehicles
Employers (new hire reports)
Other State Agencies (TANF, State Tax Agency)
Department of Corrections
Public & Private Utilities
State Lottery
Social networks, Internet resources
Parentage Establishment
The determination of parentage establishes the legal obligation to pay child support
Parentage can be legally established in several ways, including:• Marriage• Voluntary acknowledgment of
parentage • Court or administrative order
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Order Establishment
Depending upon jurisdiction, the proceeding can be Judicial, Quasi-Judicial, or Administrative
• States and IV-D Tribes must use presumptive Child Support Guidelines
• Current support and medical support
• Retroactive support as set by state law
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Child Support Guidelines
There is no federal child support guideline
States - and tribes with Title IV-D child support programs - must use numerical
formulas
Formulas must include noncustodial parent’s income. Most also include
custodial parent’s income
Most guidelines impute income if there is no evidence of actual income
States and tribes must review guidelines every four years, and must update the
economic data
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Modification
Child support does not automatically change with changes in employment income
Child support order does not automatically stop when employment ends
A parent may request a modification if financial circumstances change
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Modification (cont’d)
A state must have procedures to automatically review support orders in all public assistance cases, and in other IV-D support cases upon request, at least once every 3 years, and to adjust the orders as appropriate May use cost-of-living adjustment per state formula May use automated methods to identify orders for review, conduct
the review, identify orders eligible for adjustment, and apply appropriate adjustment
State may establish a threshold change for adjustment No requirement for proof or showing of change in circumstances
Arrears may not be retroactively modified Modification jurisdiction is complex in intergovernmental cases
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Role of Consent Procedures in Setting Support Awards Some states require mediation or consent
conferences before child support cases go before a judicial or quasi-judicial official. For example, the Delaware Family Court has long required
mandatory mediation in all child-related issues, including child support. Unless parentage is at issue, support guideline is calculated. Individual parties may sign a consent order or an interim order is
set pending a full hearing.
Other states by statute or practice include negotiation processes with parents.
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State Support Collection Tools
Federal law requires states to enforce through:
Income withholding• 70% of total
support collections nationwide
• Standardized forms to employers
Reporting of arrears to Credit Bureaus
Financial Institution Data Match
(FIDM)
State income tax
refund intercept
License suspension
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Role of Mediation in Enforcement
Mediation is rarely applicable when states use enforcement remedies Most remedies have a statutory threshold and are initiated
automatically via the state system when the applicable delinquency occurs
States may use negotiation or consent processes in establishing an arrearage payment plan where the obligor seeks to get his or her passport back or lift license suspension without paying the full arrears due
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Custody, Visitation and Child Support
Will the child support agency enforce the visitation terms of my client’s support order?
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Answer:
No.
The child support agency does not receive Title IV-D federal funding to handle access/visitation issues or any parenting issues.
No child support agency will take action to enforce a parenting plan or visitation order.
The child support agency may refer your client to other resources, such as court services or dispute mediation services that help with parenting plans and access/visitation issues.
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Intergovernmental Cases
Such cases can be from other states, tribes, or foreign countries
There are laws, agreements, and international treaties specific to cases between jurisdictions
Case processing occurs without caseworkers or parents travelling to the other jurisdiction
Tools Standardized forms
Limitations Different laws, policies, procedures
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Authority for Bi-Lateral Agreements 42 USC§659a authorizes U.S. State Dept, with
concurrence of HHS, to declare a country a foreign reciprocating country if it meets certain child support standards Has procedures available to U.S. residents to establish paternity,
establish support, and enforce support Has procedures to collect and appropriately distribute support
payments Provides legal and administrative assistance to U.S. residents at no
cost Designates a Central Authority responsible for facilitating support
enforcement and ensuring compliance with standards
26 bilaterals - 12 are Canadian provinces/territories 24
Current U.S. Bi-Lateral Agreements
Australia Canada – all
provinces/territories but Quebec
Czech Republic El Salvador Finland Hungary Ireland Israel Netherlands
Norway Poland Portugal Slovak Republic Switzerland The United Kingdom of
Great Britain and Northern Ireland
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Other Avenues for International Case Processing
42 USC§659A provides for state reciprocal arrangement under subsection (d):
“State may enter into reciprocal arrangements for the establishment and enforcement of support obligations with foreign countries that are not the subject of a declaration pursuant to subsection (a), to the extent consistent with Federal law.”
http://www.acf.hhs.gov/programs/css/irg-state-map
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Other Avenues for International Case Processing (cont’d)
UIFSA – state finding that a foreign country has “substantially similar” laws
Comity – case by case determination as to whether a foreign order will be enforced Courts may recognize judicial decisions of another
country out of deference and mutual respect, even if no obligation exists to do so
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Recognition of Need for New International Convention
Review of existing Conventions carried out at The Hague in 1995 and 1999
Ongoing research by HCCH Secretariat Questionnaires to States and Interested
Organizations: 1998 and 2002 Consultations / informal discussions 2001 / 2002 Mandate from 19th Session (2002) of the Hague
Conference on Private International Law
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2007 Hague Family Maintenance Convention
Negotiations took place from 2003 – 2007 55 member countries, 15 observer countries, and
NGOs
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Hague Maintenance Convention – Current Status
31 Countries Have Ratified European Union countries (27) Norway Albania Bosnia and Herzegovina Ukraine
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U.S. Ratification in 2016?
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The pigs are flying!
What Has Happened
The Senate gave advice and consent to ratify the treaty (Sept. 29, 2010)
Congress approved implementing legislation that the President signed on Sept. 24, 2014 Pub. L. 113-183 Preventing Sex Trafficking and
Strengthening Families Act Requires a state to enact UIFSA 2008 in its next
legislative session as a condition of federal Title IV-D funding
UIFSA 2008 – state legislation that will implement the Convention in U.S.
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What Needs to Happen
All states must enact UIFSA 2008 by the effective date in Pub. L. No. 113-183.
The President must sign the instrument of ratification. THEN: United States will be able to deposit its
instrument of ratification with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, the depository for the Hague Conference. It will take effect for the U.S. on the first day of the first month that is not less than three months after the date of deposit.
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What Needs to Happen – UIFSA 2008
48 State Enactments*: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
*Uniform Law Commission - Legislative Fact Sheet (11/3/15) – effective dates vary
Anticipate UIFSA 2008 will be in effect in all states prior to May 1, 2016
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Hague Convention Resources
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From website, www.hcch.net, go to the page for Child Support and Family Maintenance Sectionhttp://www.hcch.net/index_en.php?act=text.display&tid=191
Convention Resources (cont’d) Convention text Explanatory report Mandatory and recommended forms Country Profiles Handbook for caseworkers
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Convention Implementation in U.S. Treaty implemented through state law -
Uniform Interstate Family Support Act (UIFSA) (2008) OCSE will serve as Central Authority
Will delegate case processing to state child support agencies
Training is critical Child support agency staff and attorneys Judges Private bar
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OCSE Role as Central Authority
Locate services for Convention countries and FRCs trying to locate an individual in U.S. who is involved in a child support case Only the individual’s state may be released
Policy guidance, tools, and training for state child support professionals, Convention countries, and FRCs
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Working International Cases with No Reciprocity
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42 USC§654(4)(A)(ii) requires child support agency to provide Title IV-D services to anyone who has filed a proper application for services with agency Previously OCSE had interpreted the language as imposing no
residency or citizenship requirement as a precondition for Title IV-D services
Preventing Sex Trafficking and Strengthening Families Act of 2014 amended section, providing an exception for foreign cases: If applicant resides in an FRC or foreign treaty country, state may opt to
require individual to request services through its Central Authority If individual resides in a foreign country that is NOT an FRC or foreign
treaty country, state may accept or reject the application
UIFSA 2008 – §307(a) provides alternatives for state legislature
UIFSA – Tell Me More!
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Currently, three versions in use among states 1996 2001 2008
All versions incorporate three major concepts Controlling Order Continuing, Exclusive Jurisdiction to Modify Continuing Jurisdiction to Enforce
Goals of UIFSA 2008
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Implement the Hague Convention
Address international cases in general
Build upon UIFSA 2001
UIFSA 2008 – New Definitions
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Definition of “state” includes “tribes” Separate definition of “foreign country” incl. many
but not all foreign nations Foreign reciprocating country State reciprocal arrangement Country with laws substantially similar to UIFSA Convention country
UIFSA 2008 – New Definitions
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Outside this state” means a location in another state or a country other than the United States, whether or not the country meets definition of a foreign country.
“Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007
Additional definitions related exclusively to Convention cases are in Article 7
“Record” means information “inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form”
Evidentiary Provisions
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Definition for “record” allows electronic transmission of testimony
“Penalty of perjury replaces “under oath” Requires tribunal to allow telephonic or other
electronic testimony by non-resident party
UIFSA 2008 – Road Map
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Most of UIFSA (Articles 1-6) applies to cases from states and from foreign countries (meeting definition)
New Article 7 only applies to Convention orders
Registration for Enforcement
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Procedure to recognize a foreign order Limited defenses If order not challenged, foreign order is
confirmed Slightly different procedures depending upon
whether it is an order issued by a Convention country
Defenses to Recognition and Enforcement of Convention Order Include
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Recognition and enforcement of order is manifestly incompatible with public policy, including failure of issuing tribunal to observe minimum standards of due process
Issuing tribunal lacked personal jurisdiction consistent with Section 201;
Order is not enforceable in issuing country; If default order, there was a lack of due
process re: notice & opportunity to be heard
Non-Recognition of Convention Order
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If a tribunal does not recognize a Hague order because There was a lack of personal jurisdiction; There was procedural fraud; A proceeding between same parties with same purpose is pending
before a tribunal of that state and that proceeding was filed first; or The order is a default order but the notice and opportunity to
challenge did not satisfy due process
Then --
The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new order.
Modification in International - Foreign Support Order
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A U.S. tribunal may modify a foreign order, even if a party still resides in the issuing country, if the issuing country cannot or will not modify its order
Modification in International Cases - U.S. Support Order
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A U.S. tribunal retains jurisdiction to modify an order it has issued if:
(1) one party resides in another U.S. state (as defined by UIFSA); AND
(2) the other party resides outside the United States
Direct Requests
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Under Convention, a party may file directly with a tribunal, without going through a state child support agency
If it’s a Convention case in U.S., UIFSA Article 7 applies. In establishment, modification, or
parentage cases, Article 7 says law of forum applies to proceeding.
In cases involving recognition and enforcement of order, Article 7 requires application of Sections 706 – 713.
OCSE Home Page
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OCSE International Resources
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OCSE international web page: http://www.acf.hhs.gov/programs/css/international
International Case Processing Guides International FAQs for parents Policy Guidance to States
IM-15-01
http://www.acf.hhs.gov/programs/css/resource/uniform-interstate-family-support-act-2008-and-hague-treaty-provisions
For More Information: Information for Familieshttp://www.acf.hhs.gov/programs/css/families
Information about State Laws and Policieshttp://www.acf.hhs.gov/programs/css/irg-state-map
Click on a state to learn about that state’s child support laws and policies
Information about State Modification Procedureshttp://www.acf.hhs.gov/programs/css/resource/state-by-state-how-to-change-a-child-support-order
Contact Information http://www.acf.hhs.gov/programs/css/resource/state-and-tribal-child-support-agency-contacts
Click on a state for the address and main phone number of the state child support agency, as well as a link to its home page.
.
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Questions?
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Margaret Campbell Haynes, Esq.Center for the Support of Families
Susan Friedman Paikin, Esq.Center for the Support of Families
