your case is initiating closure child support

State A must offer, and continue to provide, all appropriate IV-D services and meet the relevant interstate and program standards requirements, until the new initiating State, State B establishes a new interstate case with the responding State C and State A is notified that it may close the case. VIII.This section provides guidance on completing the OCSE reporting forms. 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. Some fees may be associated with the Electronic Payment Card. In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. Order: A command of the court that decides an issue or directs action. 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. A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. It provides access between participating states to case information including case closure reasons. These are the individuals to whom the IV-D agency is required to send the child support collection. For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. In addition, if the paragraph (b)(10), 60 calendar day time frame was waived in these instances, and the IV-D agency immediately issued the written closure notice required in paragraph (c), this notice would undoubtedly be sent to the very same address reported by the Postal Service to be obsolete. 651 et seq.). Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. 303.11; Case Closure Criteria. 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. 6. 2. If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". SUBJECT: Clarification of Case Closure Criteria. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. Such a case is open and being worked by only one State. Secretary, Department of Health and Human Services. Visit: 2 Peachtree St. NW. Federal law allows the child support agency to close a child support case under certain conditions. 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. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] Comment: One commenter requested a clarification of the term "regular'' attempts to locate. The IV-D agency must maintain documentation of the recipient's consent in the case record . 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. When a case is closed it means that CSSD will no longer provide services for that case. Comment: One commenter requested that the final rule require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. * * * * *, (b) * * * In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. In the former case, the locate request is not considered an interstate referral. [Page 11810-11818] Response: No. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. 45 CFR Part 303 You should also give details about the payments, such as the amount and payment dates. Golden, State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case Case Closure Checklist Why Didn't My Case Close 2. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. 5. Comment: One commenter objected to the minimum requirement of "one'' attempt to contact the non-IV-A recipient of services by regular mail on the basis of the commenter's belief that the Postal Service provides poor mail service to low income communities. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. As stated in the preamble to the NPRM, we continue to believe that PRWORA's cooperation requirements will provide adequate safeguards against the premature closing of cases where a reasonable potential for establishment or enforcement exists. Case Closure Matrix How It Works 1. For case information, you may also call 1-888-524-3578. Note: Child support payments awarded by the courts but not received can be excluded only when the applicant/resident certifies that payments are not being made and further documents that all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment, have been . 4. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. 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. Serve: Deliver legal paperwork to a party. Response: No, the IV-D agency may not close the case pursuant to 303.11(b)(6) because action on it may be possible when the noncustodial parent is released from prison. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. X.This section illustrates a variety of miscellaneous case closure situations. Response: Automated location attempts do not require statewide automated systems. . Section 303.11(b)(1) as revised, provides that, "There is no longer a current support order and arrearages are under $500 or unenforceable under State law[.]'' Response: This comment will not be incorporated. 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 requested the final rule include a definition of the term "good cause.''. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. in non-AFDC cases be addressed. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. e. Paragraphs (b)(6) through (b)(12) are redesignated as paragraphs (b)(5) through (b)(11), respectively. 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. 2. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. VII. Response: No. IV-D services are available to both custodial and noncustodial parents. If aPerson Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS). Case Closure Checklist Why Didn't My Case Close 2. The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. 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). In other words, when the IV-D agency is unable to contact the non-IV-A recipient of services during a 60 calendar day period, the IV-D agency may not automatically close that case without first complying with the requirement in paragraph (c) by providing the recipient of services 60 calendar days to respond to a written notice of the State's intent to close the case. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. 1. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. The family may have no other mailing address through which it could receive notice of case closure. 3. 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. 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. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. 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. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. Description of Regulatory Provisions---Sec. 5. Enforcing Child Support Orders. If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). To find out if your case may be transferred, contact your current CSEA. 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. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. Intergovernmental Closure Actions: From Initiating Agency: 1. Close a Case - Child Support Services. Review a case for closure as allowed by federal regulation (See Chapter 12 Closure for details on each closure type); Close the case on POSSE, if appropriate; and. Prosecutor's Office may cancel the case closure process in the statewide child support system. This Action Transmittal is organized as follows: I. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. In 303.11(b)(9) then, the State IV-D agency may close a case if requested by the individual who applied for IV-D services under 302.33, and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages which accrued under a support order. Paragraph (b)(5) is redesignated as paragraph (b)(4). In these instances the case is no longer "workable'' under the requirements of IV-D, and, therefore, it is appropriate for the IV-D agency to close the case. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. 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). Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). 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. As we stated in OCSE-PIQ-90-08, the IV-D agency still would be required, as specified under 303.11(c), to notify the custodial parent in writing 60 calendar days prior to closure of the State's intent to close the case. In addition, some IV-D actions (e.g., paternity establishment, Federal and State income tax refund offset process) may be possible while the noncustodial parent is incarcerated. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. If the responding State is unable to take further action without additional information or assistance and, as provided in the preamble to the final rule on case closure (64 FR 11810, 11816), it has so notified the initiating State consistent with 45 CFR 303.7(c)(4)(ii), the responding State may take steps to close the case on its own. The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. 4. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. Find a Local Office. 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. 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). Question 18: How should the IV-D agency treat a non-AFDC Medicaid case where the custodial parent refuses to cooperate with the IV-D agency in the establishment of paternity and securing of medical support? Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. Response: Yes. As part of the regulation reinvention effort, Sec. EFFECTIVE DATE: The final rule is effective: April 9, 1999. 1. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? In the Supplementary Information section accompanying the final regulations, we stated that the goal of the case closure regulations was not to mandate that cases be closed, but rather to clarify conditions under which cases may be closed. 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. 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. One commenter objected because he saw this term as subject to change within a case. Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. 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. 5. 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). 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? (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. * * * * *, h. Paragraph (b)(12) is added to read as follows: In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. The commenter was questioning whether this term meant more than a name. allow the agency to conduct automated locate efforts. 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. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. The primary impact is on State governments. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS, SUBJECT: Case Closure Criteria Final Rule, 45 CFR Part 303. This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. The following table provides guidance for determining when and how to close cases. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). * * * * *, j. Paragraph (d) is revised to read as follows: Browse related questions 0 attorney answers Sponsored Listings Advertising 605(b), as enacted by the Regulatory Flexibility Act (Pub. Contact Us Please fill out the form below and our attorney will contact you. 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. After a IV-D agency has closed a case pursuant to the procedures outlined in 45 CFR 303.11, the former recipient of services may reapply for services at any time, provided this individual is otherwise eligible to receive IV-D services. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. 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? Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. Location details. This final rule revises Sec. Passport Denial Program (PDP): Passport Denial Program. The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here. The final rule balances good case management and workable administrative decisions with providing needed services, always erring in favor of including any case in which there is any chance of success. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. 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