your case is initiating closure child support

This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. 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. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. In addition, the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions'' from cooperation, to more accurately implement the requirements of section 454(29) of the Act. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. 4. * * * * *. Please note that the preamble language contains an error that occurred during printing. 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. State governments are not considered small entities under the Act. 1. Click on Submit a Question and send your questions or information. What Happens if Child Support Isn't Paid. That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. (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: 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. The reduction in this case closure time frame only applies to those cases where the IV-D agency is unable to make an automated locate effort. Comment: One commenter recommended that OCSE consider a "soft closure'' case type, for use in removing certain cases (low collection potential or where payments are legally being made directly to the family outside of the IV-D program) from the State's open case count. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . Paragraph (c) was also revised to clarify that the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12) must send a notice of case closure to the initiating State. As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. 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)? Until the IV-D agency in the custodial parent's new State of residence notifies the IV-D agency in the custodial parent's old State of residence that IV-D services are being provided by the IV-D agency in the custodial parent's new State of residence, the IV-D agency in custodial parent's old State of residence would continue to distribute child support collections received from the non-custodial patent's State of residence to the custodial parent at the custodial parent's new address in the new State of residence. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. Although 303.11(b)(9) permits case closure at the request of the individual receiving non-AFDC IV-D services, such requests must be voluntary on such individual's part. While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. Case Closure Desktop Guide 4. National Medical Support Notice (NMSN): A notice that acts as an order requiring the employer (or other group providing health insurance) to enroll the employees child in the employers health insurance plan. Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. OCSE Central Office coordinates the EVS program with the Social Security Administration. 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. For that reason, if the child dies before paternity is established in an AFDC paternity case, the IV-D agency may close the case for that child. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. 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. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? . Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. You should also give details about the payments, such as the amount and payment dates. Having an order from a judge for child support to be paid does not automatically open a child support case. Browse related questions 0 attorney answers Sponsored Listings Advertising In cases in which there is no assigned support, the IV-D agency may also close the case if the custodial parent requests case closure. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. Click on the case name hyperlink. 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. Olivia A. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. In the former case, the locate request is not considered an interstate referral. Until the family receiving continued IV-D services requests the State to close the case, the case must remain open, without any application or application fee. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). The following table provides guidance for determining when and how to close cases. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. 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. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? 1. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. OCSE believes that this final rule is successful in striking a good balance between these two factors and, as a result, we expect that the public will receive improved services from the IV-D program. Comment: One commenter asked if paragraph (b)(1) could be used as authority for a IV-D agency to close a case that was opened after a child attained the age of majority, during which there was no need for a child support order, but subsequently (after emancipation) became disabled and under State law a support order was entered against this individual's parents? Response: As stated in the preamble to the NPRM, the allowance of the first class letter is in accord with the new requirements in welfare reform. 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. If so, are arrearages automatically discharged? [Rules and Regulations] A parent does not have to pay current child support for an emancipated minor. Step 4: Reference the original child support order and outline the case or order number. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. Intergovernmental Closure Actions: From Initiating Agency: 1. FPLS obtains address and employer information, as well as data on child support cases in . Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? 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. For example, if a IV-D agency has already closed an AFDC IV-D case after three years of unsuccessful attempts at attempting to locate a noncustodial parent, and an AFDC agency, as part of its redetermination of AFDC eligibility process for the corresponding AFDC case, sends a IV-D agency material that does not contain any new information to help IV-D provide IV-D services, a IV-D agency would not be required to reopen the previously closed case. As part of the regulation reinvention effort, Sec. to issue a notice to an address they know to be obsolete. , GA 30303. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' The States have been successful in implementing this standard of review and OCSE has no reason to believe that this standard, when applied to an initiating State as opposed to a custodial parent, will become problematic. SUBJECT: Clarification of Case Closure Criteria. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. Section 303.11 is amended as follows: k. In addition to the amendments set forth above, remove the words "absent parent('s)'', and add, in their place, the words "noncustodial parent('s)'' in the following places: (3) Newly redesignated paragraph (b)(5); and. Response: This suggestion is inconsistent with OCSE's long-standing interstate policy that the responding State not have direct contact with the custodial parent residing in, and receiving IV-D services from, the initiating State. 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. in non-AFDC cases be addressed. Person Paying Support (PPS): Parent who the child does not live with most of the time. 2. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 Donna E. Shalala, Contact Us Please fill out the form below and our attorney will contact you. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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. Comment: One commenter objected to paragraph (b)(4) on the basis that it assumes a level of State automation which does not currently exist. We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. Comment: One commenter asked that the term "identity'' be clarified in the final rule. In short, it means that the mother is not cooperating with the Dept. Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. 3. 605(b), as enacted by the Regulatory Flexibility Act (Pub. 2. 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. 7. Specifically, section 454B(a)(1)(B) of the Social Security Act (the Act) requires that payment registry services be provided to non-IV-D orders meeting the eligibility criteria. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . 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