SlideShare a Scribd company logo
1 of 39
How to Collect Child SupportHow to Collect Child Support
Getting the System to WorkGetting the System to Work
20 Million Children Owed over $9220 Million Children Owed over $92
Billion in Unpaid Child SupportBillion in Unpaid Child Support
Learn Your Legal RightsLearn Your Legal Rights
Build a Support Group to Advocate forBuild a Support Group to Advocate for
Children Entitled to SupportChildren Entitled to Support
Justice for Children!Justice for Children!
More Families Than Ever BeforeMore Families Than Ever Before
Need Child Support Payments DueNeed Child Support Payments Due
to Welfare Reform Time Limits andto Welfare Reform Time Limits and
the Recessionthe Recession
Title IV-D of the Social Security Act Created a Child
Support Agency in Every State
IV-D Agencies are required to establish orders andIV-D Agencies are required to establish orders and
paternity, enforce and modify orders, locate absentpaternity, enforce and modify orders, locate absent
parents, and establish and enforce medical supportparents, and establish and enforce medical support
Finding the Title IV-D agencyFinding the Title IV-D agency
Each state must have laws that mirror federal lawsEach state must have laws that mirror federal laws
and regulations to receive federal fundingand regulations to receive federal funding
Laws that Govern the ChildLaws that Govern the Child
Support SystemSupport System
Federal laws are part of the United States CodeFederal laws are part of the United States Code
(U.S.C.) Title 42. Laws are further explained in the(U.S.C.) Title 42. Laws are further explained in the
Codified Federal Regulations, 45CFR sec. 300-399Codified Federal Regulations, 45CFR sec. 300-399
State laws and regulations can add to, but notState laws and regulations can add to, but not
subtract from federal lawssubtract from federal laws
Common law and court rules applyCommon law and court rules apply
Get copies of laws and regulations at a law library orGet copies of laws and regulations at a law library or
www.findlaw.comwww.findlaw.com
Contact state IV-D, get on list to receive proposedContact state IV-D, get on list to receive proposed
regulation changesregulation changes
Send written comments, testify at public hearingsSend written comments, testify at public hearings
Funding for Child SupportFunding for Child Support
Federal government funding based on state expenses
and performance
Federal funding is 66% reimbursementsFederal funding is 66% reimbursements
Incentive payments are based on performanceIncentive payments are based on performance
State and/or Counties provide 34% reimbursementState and/or Counties provide 34% reimbursement
Performance areas:Performance areas:
order and paternity establishmentorder and paternity establishment
collection ratecollection rate
amount of collectionamount of collection
Opening a CaseOpening a Case
Walk in or mail within 5 days, 45 CFR SectionWalk in or mail within 5 days, 45 CFR Section
303.2303.2
Open case within 20 days, 45 CFR SectionOpen case within 20 days, 45 CFR Section
303.3303.3
Services included: locate, establish paternity,Services included: locate, establish paternity,
establish order, enforcement of order, modifyestablish order, enforcement of order, modify
order, medical support, distribute payments,order, medical support, distribute payments,
42 U.S.C 666(a)42 U.S.C 666(a)
What if They Fail to ProvideWhat if They Fail to Provide
Required Services?Required Services?
Organize people to file grievances, 45Organize people to file grievances, 45
CFR Section 303.35CFR Section 303.35
Meet with agency officialsMeet with agency officials
Organize an actionOrganize an action
File GrievancesFile Grievances
1996 Personal Responsibilities and Work1996 Personal Responsibilities and Work
Opportunist Act requires each state to have aOpportunist Act requires each state to have a
grievance process for IV-D cases (state fairgrievance process for IV-D cases (state fair
hearings)hearings)
Find out about your stateFind out about your state’s process by’s process by
contacting the State IV-D Officecontacting the State IV-D Office
Distribute information about how to file aDistribute information about how to file a
grievancegrievance
Set up a system to monitor grievance filesSet up a system to monitor grievance files
and resultsand results
Meet with Agency Officials andMeet with Agency Officials and
Demand ChangeDemand Change
Set up an appointment with officialsSet up an appointment with officials
list problems and solutions your chapterlist problems and solutions your chapter
wantswants
Ask them to implement the solutionsAsk them to implement the solutions
YES: Great- Give them deadline to completeYES: Great- Give them deadline to complete
NO: Remind them of federal and state laws theyNO: Remind them of federal and state laws they
are required to follow, give them a deadline toare required to follow, give them a deadline to
change their mindchange their mind
MAYBE: Give them a deadlineMAYBE: Give them a deadline
Follow up with meeting laterFollow up with meeting later
Organize an ActionOrganize an Action
Make a group decision about what kind of actionMake a group decision about what kind of action
Keep it simple, short in length, and well plannedKeep it simple, short in length, and well planned
Get people to commit to:Get people to commit to:
attendattend
bring signsbring signs
bring kidsbring kids
bring peoplebring people
Rules for success: people, people, peopleRules for success: people, people, people
Magnify your power: send out a news releaseMagnify your power: send out a news release
If you will have a small turn out, make it look like itIf you will have a small turn out, make it look like it’s’s
planned that way-- send a delegation to do a silentplanned that way-- send a delegation to do a silent
protestprotest
Establishing Child Support OrdersEstablishing Child Support Orders
Divorce, Separation, Dissolution, Paternity
Initial Orders: Legal Notice (Service of Process)Initial Orders: Legal Notice (Service of Process)
State IV-D must make diligent efforts to serve legalState IV-D must make diligent efforts to serve legal
notice, 45 CFR section 303.3(a)(1)notice, 45 CFR section 303.3(a)(1)
Serve summons in person or by registered mailServe summons in person or by registered mail
Be creative: Federal Express, Pizza DeliveryBe creative: Federal Express, Pizza Delivery
IV-D required to provide you with a copy of the orderIV-D required to provide you with a copy of the order
within 14 days, 42 U.S.C. 654(12)within 14 days, 42 U.S.C. 654(12)
Advocate for a special unit to serve summons, act onAdvocate for a special unit to serve summons, act on
warrants at local Sheriff Department. Sheriff can alsowarrants at local Sheriff Department. Sheriff can also
sign contract with State and receive federal funding.sign contract with State and receive federal funding.
45CFR section 303.10745CFR section 303.107
Child Support GuidelinesChild Support Guidelines
Federal law requires each state to have guidelines, 45
CFR Section 302.56
Percentage guidelines based on net or grossPercentage guidelines based on net or gross
percentage of non-custodial parentpercentage of non-custodial parent’s income’s income
Income Shares or Combined Parental Income basedIncome Shares or Combined Parental Income based
on income of both parents and cost of raising childrenon income of both parents and cost of raising children
Advocate for percentage guidelines, fairer to low-Advocate for percentage guidelines, fairer to low-
income parentsincome parents
Establishing PaternityEstablishing Paternity
25% of all children are born to never married parents
IV-D required to send summons to alleged father toIV-D required to send summons to alleged father to
take genetic test 42 U.S.C 666(c)(1)(a)take genetic test 42 U.S.C 666(c)(1)(a)
Required to establish paternity viaRequired to establish paternity via
administrative/expedited process, 42 U.S.C. 666(c)(1)administrative/expedited process, 42 U.S.C. 666(c)(1)
Required to have In-Hospital Paternity System, 45 CFRRequired to have In-Hospital Paternity System, 45 CFR
Section 304.20Section 304.20
Required to take to court if no shows at IV-D, 45 CFRRequired to take to court if no shows at IV-D, 45 CFR
Section 302.31Section 302.31
Important to test all possible fathersImportant to test all possible fathers
Obtain default order if no shows at court, 45 CFRObtain default order if no shows at court, 45 CFR
Section 303.5(f)Section 303.5(f)
Advocate for paternity and order establishment at theAdvocate for paternity and order establishment at the
same timesame time
Location of ParentLocation of Parent’s Income and Assets’s Income and Assets
First step to establish fair orders
and to effectively enforce orders
New Hire Reporting System to identify location,New Hire Reporting System to identify location,
employer, assetsemployer, assets
Employer sends new employee W-4 to state to matchEmployer sends new employee W-4 to state to match
with state child support records, within 20 days 42with state child support records, within 20 days 42
U.S.C. 653(b)(2)U.S.C. 653(b)(2)
State sends orders and new hire reports to FederalState sends orders and new hire reports to Federal
New Hire and Order Registry to match for interstateNew Hire and Order Registry to match for interstate
casescases
State must do an annual Federal Parent Locator andState must do an annual Federal Parent Locator and
a quarterly State Parent Locator, begin 20 days aftera quarterly State Parent Locator, begin 20 days after
missing, report results within 75 days , 45 CFRmissing, report results within 75 days , 45 CFR
section 303(b)(3)section 303(b)(3)
Location of ParentLocation of Parent’s Income and Assets’s Income and Assets
Continued
No idea where parent or income is:No idea where parent or income is:
use Federal Parent Locator, IRS, Socialuse Federal Parent Locator, IRS, Social
Security, Federal Employees, DepartmentSecurity, Federal Employees, Department
of Labor, VA, Department of Defense, 45of Labor, VA, Department of Defense, 45
CFR section 303.3CFR section 303.3
Know which state?Know which state?
Use State Parent Locator, State Taxes,Use State Parent Locator, State Taxes,
Unemployment, WorkerUnemployment, Worker’s Comp., Voter’s Comp., Voter
Registration, DMV, Welfare Records,Registration, DMV, Welfare Records,
CorrectionsCorrections
Location of ParentLocation of Parent’s Income and Assets’s Income and Assets
Continued
IRS Full Disclosure: find IRAIRS Full Disclosure: find IRA’s, rental income, interstate’s, rental income, interstate
income 45 CFR section 303.3income 45 CFR section 303.3
Credit check: find bank account and assets 15 U.S.C. 1673Credit check: find bank account and assets 15 U.S.C. 1673
State IV-D should use administrative subpoena, 42 U.S.C.State IV-D should use administrative subpoena, 42 U.S.C.
666(c)(1)(b)666(c)(1)(b)
Very important to make sure this Is done beforeVery important to make sure this Is done before
administrative or court hearingsadministrative or court hearings
Advocate for IV-D to routinely do this rather than subpoenaAdvocate for IV-D to routinely do this rather than subpoena
parent to provide proof of income and assetsparent to provide proof of income and assets
Ask to be appointed to your state Child Support GuidelineAsk to be appointed to your state Child Support Guideline
committee or find out how to impact this committee from thecommittee or find out how to impact this committee from the
outsideoutside
Administrative Hearings, Paternity,Administrative Hearings, Paternity,
Orders, ModificationsOrders, Modifications
You have the right to appeal to the court
State required to use administrative or expeditedState required to use administrative or expedited
processes U.S.C 666 (c) (1)processes U.S.C 666 (c) (1)
Present your sidePresent your side
Ask for instruction about how to appeal time framesAsk for instruction about how to appeal time frames
Ask about when the order became effectiveAsk about when the order became effective
Advocate for effective default process for establishingAdvocate for effective default process for establishing
paternity, 45 CFR section 303.5(f) and establishingpaternity, 45 CFR section 303.5(f) and establishing
an order amount the same day as paternityan order amount the same day as paternity
Court HearingsCourt Hearings
You have the right to appeal a referee, master or
magistrate’s order to the judge. You have the right to
appeal the judge’s decision to the Appeals Court.
Parts of a Court HearingParts of a Court Hearing
Opening statements: both sides: do yourself, IV-DOpening statements: both sides: do yourself, IV-D
attorney, or your private attorneyattorney, or your private attorney
Plaintiff presents their case (person who filed forPlaintiff presents their case (person who filed for
the hearing)the hearing)
Defendant presents their caseDefendant presents their case
Each side has a chance to rebut each otherEach side has a chance to rebut each other
Closing Arguments (You have a right to speak upClosing Arguments (You have a right to speak up
at this point, if there is anything that still needs toat this point, if there is anything that still needs to
be saidbe said
Court HearingsCourt Hearings
Continued
Does IV-D represent you? Maybe yes, maybe no,Does IV-D represent you? Maybe yes, maybe no,
they might be action only in the best interest of thethey might be action only in the best interest of the
state -- this gives you the right to participate andstate -- this gives you the right to participate and
speak upspeak up
Ask how to appealAsk how to appeal
Organize court monitorsOrganize court monitors
DonDon’t let your life be decided in the hallway, demand’t let your life be decided in the hallway, demand
your day in courtyour day in court
So You Have an Order, Now What?So You Have an Order, Now What?
Administrative or Judicial -Civil or Criminal Enforcement
Administrative: easy, quick and works best -- use moreAdministrative: easy, quick and works best -- use more
than onethan one
Income Withholding: New Hire Reporting or SPLS to findIncome Withholding: New Hire Reporting or SPLS to find
employeremployer
In same state or out of stateIn same state or out of state
15 days to notify employer, 45 CFR section 303.100(b)15 days to notify employer, 45 CFR section 303.100(b)
(2)(2)
Employer withholds net pay, then has 7 days to send inEmployer withholds net pay, then has 7 days to send in
payments, 45 CFR section (c)(1)(ix)payments, 45 CFR section (c)(1)(ix)
Collects current and payments of back support, no newCollects current and payments of back support, no new
court hearing, U.S.C. 666(a)(1)court hearing, U.S.C. 666(a)(1)
Advocate for IV-D to promptly act on all New HireAdvocate for IV-D to promptly act on all New Hire
Reports in same state and from out of stateReports in same state and from out of state
Other Administrative EnforcementOther Administrative Enforcement
TechniquesTechniques
State computer must do data matches with other
computers to find assets. 42 U.S.C. 666(g)
Bank account attachmentBank account attachment
Retirement, WorkerRetirement, Worker’s Compensation, Unemployment’s Compensation, Unemployment
AttachmentAttachment
DriverDriver’s Licenses, professional license’s Licenses, professional license
suspension/revocation-judicial in some states 42suspension/revocation-judicial in some states 42
U.S.C. 666(a)(16)U.S.C. 666(a)(16)
Attach judgments, settlements, lump sum paymentsAttach judgments, settlements, lump sum payments
42 U.S.C.42 U.S.C.
Lottery winnings 42 U.S.C. 666(1)(g)Lottery winnings 42 U.S.C. 666(1)(g)
Advocate for actions whichAdvocate for actions which “grab” the assets and“grab” the assets and
require non-payor to justify why it should be releasedrequire non-payor to justify why it should be released
Judicial EnforcementJudicial Enforcement
Civil Motions to show cause if in contempt=JudicalCivil Motions to show cause if in contempt=Judical
discretiondiscretion
Use for under the table earner when you have noUse for under the table earner when you have no
proof of incomeproof of income
Use to obtain work order 42 U.S.C. 666(a)(15)Use to obtain work order 42 U.S.C. 666(a)(15)
use for those who only pay when brought to court;use for those who only pay when brought to court;
ask for automatic review of case every 2 monthsask for automatic review of case every 2 months
Use to obtain lump sum judgmentUse to obtain lump sum judgment
Judicial EnforcementJudicial Enforcement
Continued
Do not use against self-employed unless you have noDo not use against self-employed unless you have no
information about their incomeinformation about their income
Do not use in the state where you live when you haveDo not use in the state where you live when you have
an interstate casean interstate case
If the non-payor no-shows, ask for a bench warrant,If the non-payor no-shows, ask for a bench warrant,
does not go across state lines, call Sheriff to ensuredoes not go across state lines, call Sheriff to ensure
they pick up non-payorthey pick up non-payor
Advocate for strict enforcement, monitor hearings,Advocate for strict enforcement, monitor hearings,
issue reports to publicissue reports to public
Criminal EnforcementCriminal Enforcement
Go to County Prosecutor or District Attorney to fileGo to County Prosecutor or District Attorney to file
chargescharges
They issue a warrantThey issue a warrant
Non-payor is arrested or warrant is sent to state whereNon-payor is arrested or warrant is sent to state where
non-payor livesnon-payor lives
Non-payor is arraigned pleads guilty, not guilty or no-Non-payor is arraigned pleads guilty, not guilty or no-
contestcontest
Can be Misdemeanor or Felony crime, varies from stateCan be Misdemeanor or Felony crime, varies from state
to stateto state
Best if placed on probation- go to jail if miss payment or;Best if placed on probation- go to jail if miss payment or;
Work release programWork release program
Monitor your case, notify probation officer if no paymentsMonitor your case, notify probation officer if no payments
Criminal EnforcementCriminal Enforcement
Continued
Go back to Prosecutor or District Attorney if no actionGo back to Prosecutor or District Attorney if no action
by Probation Officerby Probation Officer
Call Sheriff and give updated information if they don'tCall Sheriff and give updated information if they don't
pick up non-payor on the warrantpick up non-payor on the warrant
Use against self-employed, job hoppersUse against self-employed, job hoppers
Don't use against:Don't use against:
those who wonthose who won’t work’t work
no information about income or assetsno information about income or assets
Advocate for strict enforcement, monitor hearings,Advocate for strict enforcement, monitor hearings,
issue reports to publicissue reports to public
Interstate RemediesInterstate Remedies
Civil or Criminal enforcement available
Interstate income withholding Best and most effectiveInterstate income withholding Best and most effective
Other Administrative EnforcementOther Administrative Enforcement
Civil Enforcement under UIFSA (Old URESA) is same asCivil Enforcement under UIFSA (Old URESA) is same as
civil contemptcivil contempt
Use for interstate paternity and order establishmentUse for interstate paternity and order establishment
unless child conceived in state where you liveunless child conceived in state where you live
Criminal charges can be state based or federal basedCriminal charges can be state based or federal based
State based: crime is committed in state where child lives.State based: crime is committed in state where child lives.
Process same as in all same state cases except warrantProcess same as in all same state cases except warrant
is sent to Sheriff in county where non-payor livesis sent to Sheriff in county where non-payor lives
Interstate RemediesInterstate Remedies
Continued
Sheriff from child's state travels to state of non-payorSheriff from child's state travels to state of non-payor
to bring back non-payor to child's stateto bring back non-payor to child's state
Federal criminal non-support, 18 U.S.C. 228Federal criminal non-support, 18 U.S.C. 228
More difficultMore difficult
Takes longerTakes longer
Must have proof of many assets and incomeMust have proof of many assets and income
Use for State hoppers and wealthyUse for State hoppers and wealthy
Case is referred from local IV-D Agency to U.S.Case is referred from local IV-D Agency to U.S.
AttorneyAttorney
Interstate RemediesInterstate Remedies
Continued
FBI investigatesFBI investigates
Federal Warrant is issuedFederal Warrant is issued
U.S.. Marshal arrests non-payorsU.S.. Marshal arrests non-payors
Stand trial in area where Attorney General filedStand trial in area where Attorney General filed
chargescharges
Advocate for Sheriff to promptly serve warrants,Advocate for Sheriff to promptly serve warrants,
put all on state wide data baseput all on state wide data base
Advocate for U.S. Attorney to take more casesAdvocate for U.S. Attorney to take more cases
Advocate for State IV-D to work with U.S..Advocate for State IV-D to work with U.S..
Attorney General, send them more casesAttorney General, send them more cases
Extra Enforcement TechniquesExtra Enforcement Techniques
Attaching Tax Refunds
IRS Offset: Attachment of federal Income tax refundsIRS Offset: Attachment of federal Income tax refunds
45 CFR section 302.6045 CFR section 302.60
Must be $500 behind if child not on welfare $250Must be $500 behind if child not on welfare $250
behind if child on welfarebehind if child on welfare
State may hold payment for 6 months to allow newState may hold payment for 6 months to allow new
spouse to claim part of refundspouse to claim part of refund
Payments from federal Offset pay off welfare arrearsPayments from federal Offset pay off welfare arrears
before arrears owed to family, 42 U.S.C. 657(a)(iv)before arrears owed to family, 42 U.S.C. 657(a)(iv)
Extra Enforcement TechniquesExtra Enforcement Techniques
Continued
State Tax Offset attaching state tax refunds, 45 CFRState Tax Offset attaching state tax refunds, 45 CFR
Section 303.102Section 303.102
States automatically submit all IV-D cases for federalStates automatically submit all IV-D cases for federal
and state offsets,and state offsets,
42 U.S.C. 464(b)(1)42 U.S.C. 464(b)(1)
Advocate for states to not hold federal refunds for sixAdvocate for states to not hold federal refunds for six
months unless parent requestsmonths unless parent requests
IRS Full Collections, 45 CFR Section 303.71IRS Full Collections, 45 CFR Section 303.71
Good for tough-to-collect-on cases,
assets placed in someone else's name
Local IV-D refers case to IRSLocal IV-D refers case to IRS
IRS collects support using same process they use toIRS collects support using same process they use to
collect back taxescollect back taxes
Must be $750 behind in paymentsMust be $750 behind in payments
Must have tried other methods and they have failedMust have tried other methods and they have failed
State may charge fee for serviceState may charge fee for service
Advocate for state to use this service!!Advocate for state to use this service!!
Collecting from Military or VACollecting from Military or VA
Simple process to obtain involuntary allotmentSimple process to obtain involuntary allotment
(income withholding)(income withholding)
See ACES book, How to Collect Child Support forSee ACES book, How to Collect Child Support for
specific stepsspecific steps
VA benefits are not attachable but child is entitled toVA benefits are not attachable but child is entitled to
allotmentallotment
Service member must sign child up for allotmentService member must sign child up for allotment
If service member fails to act, use contempt hearingIf service member fails to act, use contempt hearing
process to get court order telling service member toprocess to get court order telling service member to
sign-up child(ren)sign-up child(ren)
Collecting from Military or VACollecting from Military or VA
Continued
To establish paternity, serve alleged father atTo establish paternity, serve alleged father at
designated Military officedesignated Military office
If court action needed and service not available, theIf court action needed and service not available, the
court is required to appoint an attorney to representcourt is required to appoint an attorney to represent
him/herhim/her
Advocate for President to issue Executive OrderAdvocate for President to issue Executive Order
giving access to Service member DNA records togiving access to Service member DNA records to
establish paternity quickly and efficientlyestablish paternity quickly and efficiently
Collecting from Social SecurityCollecting from Social Security
Benefits, Bankruptcy protections, etc.Benefits, Bankruptcy protections, etc.
Social Security Disability and Retirement benefits areSocial Security Disability and Retirement benefits are
attachable to collect support via the same system asattachable to collect support via the same system as
income withholding,42 U.S.C. 659income withholding,42 U.S.C. 659
SSI-Social Security Supplemental Insurance isn'tSSI-Social Security Supplemental Insurance isn't
attachable---this is supposed to be temporary assistanceattachable---this is supposed to be temporary assistance
with a disabilitywith a disability
Child support debts cannot be discharged in Chapter 7Child support debts cannot be discharged in Chapter 7
(full) bankruptcy(full) bankruptcy
Child Support Debts can be placed in Chapter 13Child Support Debts can be placed in Chapter 13
bankruptcy (payment plan) unless the payee objectsbankruptcy (payment plan) unless the payee objects
Child support payment withheld by an employer who filesChild support payment withheld by an employer who files
bankruptcy may be paced in Chapter 11 bankruptcy. Thebankruptcy may be paced in Chapter 11 bankruptcy. The
non- custodial parent still owes the supportnon- custodial parent still owes the support
Medical SupportMedical Support
Federal law defines medical support as health
insurance available to non-custodial parent from
employer at a reasonable cost, 45 CFR section 303.31
Defines reasonable as employer group planDefines reasonable as employer group plan
IV-D agency required in 1999 law to help collect un-IV-D agency required in 1999 law to help collect un-
reimbursed costs but OCSE has not put outreimbursed costs but OCSE has not put out
regulationsregulations
There is a new medial support order form all statesThere is a new medial support order form all states
are required to use, 42 U.S.C. 666(a)(19)are required to use, 42 U.S.C. 666(a)(19)
Interstate insurance companies now accept stateInterstate insurance companies now accept state
medical support orders for insurance. URISA plansmedical support orders for insurance. URISA plans
42 U.S.C. 666(a)(19)42 U.S.C. 666(a)(19)
Medical SupportMedical Support
Continued
IV-D agency required to sign up kids, obtainIV-D agency required to sign up kids, obtain
insurance claim cards.insurance claim cards.
ID cards for children if non-custodial parent does notID cards for children if non-custodial parent does not
do so. 45 CFR section 303.30do so. 45 CFR section 303.30
Advocate for OCSE to issue regulationsAdvocate for OCSE to issue regulations
IV-D Agencies Operate StateIV-D Agencies Operate State
Disbursement Units, 42 U.S.C. 654Disbursement Units, 42 U.S.C. 654
Federal law requires payments to be distributed within 2
business days of receipt 42 U.S.C. 654 (b)
Family-first distribution, 42 USC 675 (a)(1), meansFamily-first distribution, 42 USC 675 (a)(1), means
once a family is off welfare, back support owed toonce a family is off welfare, back support owed to
family paid before back support owed to state forfamily paid before back support owed to state for
welfare debtwelfare debt
If potential problem, have families ask for audit ofIf potential problem, have families ask for audit of
accountaccount
States report over $700 million in undistributed funds:States report over $700 million in undistributed funds:
Money paid in but not sent on to childMoney paid in but not sent on to child
GAO reports most states had and continue to haveGAO reports most states had and continue to have
problems with properly distributing the correctproblems with properly distributing the correct
amount to pay off welfareamount to pay off welfare
IV-D Agencies Operate StateIV-D Agencies Operate State
Disbursement Units, 42 U.S.C. 654Disbursement Units, 42 U.S.C. 654
Continued
Pre-, Post- and during welfare distribution rules arePre-, Post- and during welfare distribution rules are
very complicatedvery complicated
Bottom line: State can never keep more than it gaveBottom line: State can never keep more than it gave
the familythe family
Not all states give families first $50 paid while theyNot all states give families first $50 paid while they
are on welfareare on welfare
Advocate for state laws for annual audits of SDU andAdvocate for state laws for annual audits of SDU and
IV-D, public disclosure of undistributed fundsIV-D, public disclosure of undistributed funds
Advocate for simplifying federal distribution lawsAdvocate for simplifying federal distribution laws
ACESACES
More InformationMore Information
http://www.aces-childsupport.orghttp://www.aces-childsupport.org

More Related Content

Similar to How To Collect Child Support

Fraud prevention
Fraud preventionFraud prevention
Fraud preventionYadira Mangual
 
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...EllisWinters
 
Elements of an administrative hearing
Elements of an administrative hearingElements of an administrative hearing
Elements of an administrative hearingtaratoot
 
Doing business with governments in the u.s.a.
Doing business with governments in the u.s.a.Doing business with governments in the u.s.a.
Doing business with governments in the u.s.a.ProColombia
 
creditwrench's Google Docs links
creditwrench's Google Docs linkscreditwrench's Google Docs links
creditwrench's Google Docs linkscreditwrench
 
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na Daan
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na DaanDOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na Daan
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na DaanJeremy Cajiuat
 
Providing Post-Adoption Services for Providence Place
Providing Post-Adoption Services for Providence PlaceProviding Post-Adoption Services for Providence Place
Providing Post-Adoption Services for Providence PlaceJudith Bell
 
Creditwrench's Google Docs links
Creditwrench's Google Docs linksCreditwrench's Google Docs links
Creditwrench's Google Docs linkscreditwrench
 
Student Veteran Benefits
Student Veteran BenefitsStudent Veteran Benefits
Student Veteran BenefitsRodrigo Garcia
 
Fs css-002 english
Fs css-002 englishFs css-002 english
Fs css-002 englishAimee Melendy
 
Fs css-002 english
Fs css-002 englishFs css-002 english
Fs css-002 englishAimee Melendy
 
Estate and Disability Planning
Estate and Disability PlanningEstate and Disability Planning
Estate and Disability PlanningDonald Vanarelli
 
A Brief Overview of Laws Affecting Background Checks
A Brief Overview of Laws Affecting Background ChecksA Brief Overview of Laws Affecting Background Checks
A Brief Overview of Laws Affecting Background ChecksImperative Information Group
 
Marketing Healthcare
Marketing HealthcareMarketing Healthcare
Marketing HealthcareJaburgWilk
 
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...Eliassen Group
 
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage Christine Hui Jun Zhong
 
Wills & Trusts Class - Rockford Public Schools
Wills & Trusts Class - Rockford Public SchoolsWills & Trusts Class - Rockford Public Schools
Wills & Trusts Class - Rockford Public SchoolsJo Anne Hinds
 
Wills & Trusts - Rockford Public Schools 2010
Wills & Trusts - Rockford Public Schools 2010Wills & Trusts - Rockford Public Schools 2010
Wills & Trusts - Rockford Public Schools 2010guest936e15e
 

Similar to How To Collect Child Support (20)

Fraud prevention
Fraud preventionFraud prevention
Fraud prevention
 
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...
The Law of Unfair Trade Practices: Practical tips for deadling with unfair tr...
 
Security id 2014
Security id 2014Security id 2014
Security id 2014
 
Elements of an administrative hearing
Elements of an administrative hearingElements of an administrative hearing
Elements of an administrative hearing
 
Doing business with governments in the u.s.a.
Doing business with governments in the u.s.a.Doing business with governments in the u.s.a.
Doing business with governments in the u.s.a.
 
creditwrench's Google Docs links
creditwrench's Google Docs linkscreditwrench's Google Docs links
creditwrench's Google Docs links
 
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na Daan
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na DaanDOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na Daan
DOLE-NLRC, Katuwang ng Pangulong Aquino sa Matuwid na Daan
 
Providing Post-Adoption Services for Providence Place
Providing Post-Adoption Services for Providence PlaceProviding Post-Adoption Services for Providence Place
Providing Post-Adoption Services for Providence Place
 
Creditwrench's Google Docs links
Creditwrench's Google Docs linksCreditwrench's Google Docs links
Creditwrench's Google Docs links
 
Medicaid
MedicaidMedicaid
Medicaid
 
Student Veteran Benefits
Student Veteran BenefitsStudent Veteran Benefits
Student Veteran Benefits
 
Fs css-002 english
Fs css-002 englishFs css-002 english
Fs css-002 english
 
Fs css-002 english
Fs css-002 englishFs css-002 english
Fs css-002 english
 
Estate and Disability Planning
Estate and Disability PlanningEstate and Disability Planning
Estate and Disability Planning
 
A Brief Overview of Laws Affecting Background Checks
A Brief Overview of Laws Affecting Background ChecksA Brief Overview of Laws Affecting Background Checks
A Brief Overview of Laws Affecting Background Checks
 
Marketing Healthcare
Marketing HealthcareMarketing Healthcare
Marketing Healthcare
 
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...
FCRA- Fair Credit Reporting Act 2014 Screening Your Applicants & FAIRNESS in ...
 
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage
The OHL Wire ISSUE 12: The 2.5% Rise In the Minimum Wage
 
Wills & Trusts Class - Rockford Public Schools
Wills & Trusts Class - Rockford Public SchoolsWills & Trusts Class - Rockford Public Schools
Wills & Trusts Class - Rockford Public Schools
 
Wills & Trusts - Rockford Public Schools 2010
Wills & Trusts - Rockford Public Schools 2010Wills & Trusts - Rockford Public Schools 2010
Wills & Trusts - Rockford Public Schools 2010
 

Recently uploaded

Instant Issue Debit Cards - School Designs
Instant Issue Debit Cards - School DesignsInstant Issue Debit Cards - School Designs
Instant Issue Debit Cards - School Designsegoetzinger
 
Instant Issue Debit Cards - High School Spirit
Instant Issue Debit Cards - High School SpiritInstant Issue Debit Cards - High School Spirit
Instant Issue Debit Cards - High School Spiritegoetzinger
 
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...Henry Tapper
 
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...Pooja Nehwal
 
Call Girls In Yusuf Sarai Women Seeking Men 9654467111
Call Girls In Yusuf Sarai Women Seeking Men 9654467111Call Girls In Yusuf Sarai Women Seeking Men 9654467111
Call Girls In Yusuf Sarai Women Seeking Men 9654467111Sapana Sha
 
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptxFinTech Belgium
 
00_Main ppt_MeetupDORA&CyberSecurity.pptx
00_Main ppt_MeetupDORA&CyberSecurity.pptx00_Main ppt_MeetupDORA&CyberSecurity.pptx
00_Main ppt_MeetupDORA&CyberSecurity.pptxFinTech Belgium
 
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...ranjana rawat
 
The Economic History of the U.S. Lecture 19.pdf
The Economic History of the U.S. Lecture 19.pdfThe Economic History of the U.S. Lecture 19.pdf
The Economic History of the U.S. Lecture 19.pdfGale Pooley
 
VIP Kolkata Call Girl Serampore 👉 8250192130 Available With Room
VIP Kolkata Call Girl Serampore 👉 8250192130  Available With RoomVIP Kolkata Call Girl Serampore 👉 8250192130  Available With Room
VIP Kolkata Call Girl Serampore 👉 8250192130 Available With Roomdivyansh0kumar0
 
Stock Market Brief Deck for 4/24/24 .pdf
Stock Market Brief Deck for 4/24/24 .pdfStock Market Brief Deck for 4/24/24 .pdf
Stock Market Brief Deck for 4/24/24 .pdfMichael Silva
 
Bladex Earnings Call Presentation 1Q2024
Bladex Earnings Call Presentation 1Q2024Bladex Earnings Call Presentation 1Q2024
Bladex Earnings Call Presentation 1Q2024Bladex
 
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...ssifa0344
 
The Economic History of the U.S. Lecture 17.pdf
The Economic History of the U.S. Lecture 17.pdfThe Economic History of the U.S. Lecture 17.pdf
The Economic History of the U.S. Lecture 17.pdfGale Pooley
 
Booking open Available Pune Call Girls Shivane 6297143586 Call Hot Indian Gi...
Booking open Available Pune Call Girls Shivane  6297143586 Call Hot Indian Gi...Booking open Available Pune Call Girls Shivane  6297143586 Call Hot Indian Gi...
Booking open Available Pune Call Girls Shivane 6297143586 Call Hot Indian Gi...Call Girls in Nagpur High Profile
 
Q3 2024 Earnings Conference Call and Webcast Slides
Q3 2024 Earnings Conference Call and Webcast SlidesQ3 2024 Earnings Conference Call and Webcast Slides
Q3 2024 Earnings Conference Call and Webcast SlidesMarketing847413
 
Monthly Market Risk Update: April 2024 [SlideShare]
Monthly Market Risk Update: April 2024 [SlideShare]Monthly Market Risk Update: April 2024 [SlideShare]
Monthly Market Risk Update: April 2024 [SlideShare]Commonwealth
 
VIP Call Girls Thane Sia 8617697112 Independent Escort Service Thane
VIP Call Girls Thane Sia 8617697112 Independent Escort Service ThaneVIP Call Girls Thane Sia 8617697112 Independent Escort Service Thane
VIP Call Girls Thane Sia 8617697112 Independent Escort Service ThaneCall girls in Ahmedabad High profile
 
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance Company
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance CompanyInterimreport1 January–31 March2024 Elo Mutual Pension Insurance Company
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance CompanyTyöeläkeyhtiö Elo
 

Recently uploaded (20)

Instant Issue Debit Cards - School Designs
Instant Issue Debit Cards - School DesignsInstant Issue Debit Cards - School Designs
Instant Issue Debit Cards - School Designs
 
Instant Issue Debit Cards - High School Spirit
Instant Issue Debit Cards - High School SpiritInstant Issue Debit Cards - High School Spirit
Instant Issue Debit Cards - High School Spirit
 
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...
letter-from-the-chair-to-the-fca-relating-to-british-steel-pensions-scheme-15...
 
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...
Independent Call Girl Number in Kurla Mumbai📲 Pooja Nehwal 9892124323 💞 Full ...
 
Call Girls In Yusuf Sarai Women Seeking Men 9654467111
Call Girls In Yusuf Sarai Women Seeking Men 9654467111Call Girls In Yusuf Sarai Women Seeking Men 9654467111
Call Girls In Yusuf Sarai Women Seeking Men 9654467111
 
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx
02_Fabio Colombo_Accenture_MeetupDora&Cybersecurity.pptx
 
Commercial Bank Economic Capsule - April 2024
Commercial Bank Economic Capsule - April 2024Commercial Bank Economic Capsule - April 2024
Commercial Bank Economic Capsule - April 2024
 
00_Main ppt_MeetupDORA&CyberSecurity.pptx
00_Main ppt_MeetupDORA&CyberSecurity.pptx00_Main ppt_MeetupDORA&CyberSecurity.pptx
00_Main ppt_MeetupDORA&CyberSecurity.pptx
 
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
(ANIKA) Budhwar Peth Call Girls Just Call 7001035870 [ Cash on Delivery ] Pun...
 
The Economic History of the U.S. Lecture 19.pdf
The Economic History of the U.S. Lecture 19.pdfThe Economic History of the U.S. Lecture 19.pdf
The Economic History of the U.S. Lecture 19.pdf
 
VIP Kolkata Call Girl Serampore 👉 8250192130 Available With Room
VIP Kolkata Call Girl Serampore 👉 8250192130  Available With RoomVIP Kolkata Call Girl Serampore 👉 8250192130  Available With Room
VIP Kolkata Call Girl Serampore 👉 8250192130 Available With Room
 
Stock Market Brief Deck for 4/24/24 .pdf
Stock Market Brief Deck for 4/24/24 .pdfStock Market Brief Deck for 4/24/24 .pdf
Stock Market Brief Deck for 4/24/24 .pdf
 
Bladex Earnings Call Presentation 1Q2024
Bladex Earnings Call Presentation 1Q2024Bladex Earnings Call Presentation 1Q2024
Bladex Earnings Call Presentation 1Q2024
 
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...
Solution Manual for Financial Accounting, 11th Edition by Robert Libby, Patri...
 
The Economic History of the U.S. Lecture 17.pdf
The Economic History of the U.S. Lecture 17.pdfThe Economic History of the U.S. Lecture 17.pdf
The Economic History of the U.S. Lecture 17.pdf
 
Booking open Available Pune Call Girls Shivane 6297143586 Call Hot Indian Gi...
Booking open Available Pune Call Girls Shivane  6297143586 Call Hot Indian Gi...Booking open Available Pune Call Girls Shivane  6297143586 Call Hot Indian Gi...
Booking open Available Pune Call Girls Shivane 6297143586 Call Hot Indian Gi...
 
Q3 2024 Earnings Conference Call and Webcast Slides
Q3 2024 Earnings Conference Call and Webcast SlidesQ3 2024 Earnings Conference Call and Webcast Slides
Q3 2024 Earnings Conference Call and Webcast Slides
 
Monthly Market Risk Update: April 2024 [SlideShare]
Monthly Market Risk Update: April 2024 [SlideShare]Monthly Market Risk Update: April 2024 [SlideShare]
Monthly Market Risk Update: April 2024 [SlideShare]
 
VIP Call Girls Thane Sia 8617697112 Independent Escort Service Thane
VIP Call Girls Thane Sia 8617697112 Independent Escort Service ThaneVIP Call Girls Thane Sia 8617697112 Independent Escort Service Thane
VIP Call Girls Thane Sia 8617697112 Independent Escort Service Thane
 
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance Company
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance CompanyInterimreport1 January–31 March2024 Elo Mutual Pension Insurance Company
Interimreport1 January–31 March2024 Elo Mutual Pension Insurance Company
 

How To Collect Child Support

  • 1. How to Collect Child SupportHow to Collect Child Support Getting the System to WorkGetting the System to Work
  • 2. 20 Million Children Owed over $9220 Million Children Owed over $92 Billion in Unpaid Child SupportBillion in Unpaid Child Support Learn Your Legal RightsLearn Your Legal Rights Build a Support Group to Advocate forBuild a Support Group to Advocate for Children Entitled to SupportChildren Entitled to Support Justice for Children!Justice for Children!
  • 3. More Families Than Ever BeforeMore Families Than Ever Before Need Child Support Payments DueNeed Child Support Payments Due to Welfare Reform Time Limits andto Welfare Reform Time Limits and the Recessionthe Recession Title IV-D of the Social Security Act Created a Child Support Agency in Every State IV-D Agencies are required to establish orders andIV-D Agencies are required to establish orders and paternity, enforce and modify orders, locate absentpaternity, enforce and modify orders, locate absent parents, and establish and enforce medical supportparents, and establish and enforce medical support Finding the Title IV-D agencyFinding the Title IV-D agency Each state must have laws that mirror federal lawsEach state must have laws that mirror federal laws and regulations to receive federal fundingand regulations to receive federal funding
  • 4. Laws that Govern the ChildLaws that Govern the Child Support SystemSupport System Federal laws are part of the United States CodeFederal laws are part of the United States Code (U.S.C.) Title 42. Laws are further explained in the(U.S.C.) Title 42. Laws are further explained in the Codified Federal Regulations, 45CFR sec. 300-399Codified Federal Regulations, 45CFR sec. 300-399 State laws and regulations can add to, but notState laws and regulations can add to, but not subtract from federal lawssubtract from federal laws Common law and court rules applyCommon law and court rules apply Get copies of laws and regulations at a law library orGet copies of laws and regulations at a law library or www.findlaw.comwww.findlaw.com Contact state IV-D, get on list to receive proposedContact state IV-D, get on list to receive proposed regulation changesregulation changes Send written comments, testify at public hearingsSend written comments, testify at public hearings
  • 5. Funding for Child SupportFunding for Child Support Federal government funding based on state expenses and performance Federal funding is 66% reimbursementsFederal funding is 66% reimbursements Incentive payments are based on performanceIncentive payments are based on performance State and/or Counties provide 34% reimbursementState and/or Counties provide 34% reimbursement Performance areas:Performance areas: order and paternity establishmentorder and paternity establishment collection ratecollection rate amount of collectionamount of collection
  • 6. Opening a CaseOpening a Case Walk in or mail within 5 days, 45 CFR SectionWalk in or mail within 5 days, 45 CFR Section 303.2303.2 Open case within 20 days, 45 CFR SectionOpen case within 20 days, 45 CFR Section 303.3303.3 Services included: locate, establish paternity,Services included: locate, establish paternity, establish order, enforcement of order, modifyestablish order, enforcement of order, modify order, medical support, distribute payments,order, medical support, distribute payments, 42 U.S.C 666(a)42 U.S.C 666(a)
  • 7. What if They Fail to ProvideWhat if They Fail to Provide Required Services?Required Services? Organize people to file grievances, 45Organize people to file grievances, 45 CFR Section 303.35CFR Section 303.35 Meet with agency officialsMeet with agency officials Organize an actionOrganize an action
  • 8. File GrievancesFile Grievances 1996 Personal Responsibilities and Work1996 Personal Responsibilities and Work Opportunist Act requires each state to have aOpportunist Act requires each state to have a grievance process for IV-D cases (state fairgrievance process for IV-D cases (state fair hearings)hearings) Find out about your stateFind out about your state’s process by’s process by contacting the State IV-D Officecontacting the State IV-D Office Distribute information about how to file aDistribute information about how to file a grievancegrievance Set up a system to monitor grievance filesSet up a system to monitor grievance files and resultsand results
  • 9. Meet with Agency Officials andMeet with Agency Officials and Demand ChangeDemand Change Set up an appointment with officialsSet up an appointment with officials list problems and solutions your chapterlist problems and solutions your chapter wantswants Ask them to implement the solutionsAsk them to implement the solutions YES: Great- Give them deadline to completeYES: Great- Give them deadline to complete NO: Remind them of federal and state laws theyNO: Remind them of federal and state laws they are required to follow, give them a deadline toare required to follow, give them a deadline to change their mindchange their mind MAYBE: Give them a deadlineMAYBE: Give them a deadline Follow up with meeting laterFollow up with meeting later
  • 10. Organize an ActionOrganize an Action Make a group decision about what kind of actionMake a group decision about what kind of action Keep it simple, short in length, and well plannedKeep it simple, short in length, and well planned Get people to commit to:Get people to commit to: attendattend bring signsbring signs bring kidsbring kids bring peoplebring people Rules for success: people, people, peopleRules for success: people, people, people Magnify your power: send out a news releaseMagnify your power: send out a news release If you will have a small turn out, make it look like itIf you will have a small turn out, make it look like it’s’s planned that way-- send a delegation to do a silentplanned that way-- send a delegation to do a silent protestprotest
  • 11. Establishing Child Support OrdersEstablishing Child Support Orders Divorce, Separation, Dissolution, Paternity Initial Orders: Legal Notice (Service of Process)Initial Orders: Legal Notice (Service of Process) State IV-D must make diligent efforts to serve legalState IV-D must make diligent efforts to serve legal notice, 45 CFR section 303.3(a)(1)notice, 45 CFR section 303.3(a)(1) Serve summons in person or by registered mailServe summons in person or by registered mail Be creative: Federal Express, Pizza DeliveryBe creative: Federal Express, Pizza Delivery IV-D required to provide you with a copy of the orderIV-D required to provide you with a copy of the order within 14 days, 42 U.S.C. 654(12)within 14 days, 42 U.S.C. 654(12) Advocate for a special unit to serve summons, act onAdvocate for a special unit to serve summons, act on warrants at local Sheriff Department. Sheriff can alsowarrants at local Sheriff Department. Sheriff can also sign contract with State and receive federal funding.sign contract with State and receive federal funding. 45CFR section 303.10745CFR section 303.107
  • 12. Child Support GuidelinesChild Support Guidelines Federal law requires each state to have guidelines, 45 CFR Section 302.56 Percentage guidelines based on net or grossPercentage guidelines based on net or gross percentage of non-custodial parentpercentage of non-custodial parent’s income’s income Income Shares or Combined Parental Income basedIncome Shares or Combined Parental Income based on income of both parents and cost of raising childrenon income of both parents and cost of raising children Advocate for percentage guidelines, fairer to low-Advocate for percentage guidelines, fairer to low- income parentsincome parents
  • 13. Establishing PaternityEstablishing Paternity 25% of all children are born to never married parents IV-D required to send summons to alleged father toIV-D required to send summons to alleged father to take genetic test 42 U.S.C 666(c)(1)(a)take genetic test 42 U.S.C 666(c)(1)(a) Required to establish paternity viaRequired to establish paternity via administrative/expedited process, 42 U.S.C. 666(c)(1)administrative/expedited process, 42 U.S.C. 666(c)(1) Required to have In-Hospital Paternity System, 45 CFRRequired to have In-Hospital Paternity System, 45 CFR Section 304.20Section 304.20 Required to take to court if no shows at IV-D, 45 CFRRequired to take to court if no shows at IV-D, 45 CFR Section 302.31Section 302.31 Important to test all possible fathersImportant to test all possible fathers Obtain default order if no shows at court, 45 CFRObtain default order if no shows at court, 45 CFR Section 303.5(f)Section 303.5(f) Advocate for paternity and order establishment at theAdvocate for paternity and order establishment at the same timesame time
  • 14. Location of ParentLocation of Parent’s Income and Assets’s Income and Assets First step to establish fair orders and to effectively enforce orders New Hire Reporting System to identify location,New Hire Reporting System to identify location, employer, assetsemployer, assets Employer sends new employee W-4 to state to matchEmployer sends new employee W-4 to state to match with state child support records, within 20 days 42with state child support records, within 20 days 42 U.S.C. 653(b)(2)U.S.C. 653(b)(2) State sends orders and new hire reports to FederalState sends orders and new hire reports to Federal New Hire and Order Registry to match for interstateNew Hire and Order Registry to match for interstate casescases State must do an annual Federal Parent Locator andState must do an annual Federal Parent Locator and a quarterly State Parent Locator, begin 20 days aftera quarterly State Parent Locator, begin 20 days after missing, report results within 75 days , 45 CFRmissing, report results within 75 days , 45 CFR section 303(b)(3)section 303(b)(3)
  • 15. Location of ParentLocation of Parent’s Income and Assets’s Income and Assets Continued No idea where parent or income is:No idea where parent or income is: use Federal Parent Locator, IRS, Socialuse Federal Parent Locator, IRS, Social Security, Federal Employees, DepartmentSecurity, Federal Employees, Department of Labor, VA, Department of Defense, 45of Labor, VA, Department of Defense, 45 CFR section 303.3CFR section 303.3 Know which state?Know which state? Use State Parent Locator, State Taxes,Use State Parent Locator, State Taxes, Unemployment, WorkerUnemployment, Worker’s Comp., Voter’s Comp., Voter Registration, DMV, Welfare Records,Registration, DMV, Welfare Records, CorrectionsCorrections
  • 16. Location of ParentLocation of Parent’s Income and Assets’s Income and Assets Continued IRS Full Disclosure: find IRAIRS Full Disclosure: find IRA’s, rental income, interstate’s, rental income, interstate income 45 CFR section 303.3income 45 CFR section 303.3 Credit check: find bank account and assets 15 U.S.C. 1673Credit check: find bank account and assets 15 U.S.C. 1673 State IV-D should use administrative subpoena, 42 U.S.C.State IV-D should use administrative subpoena, 42 U.S.C. 666(c)(1)(b)666(c)(1)(b) Very important to make sure this Is done beforeVery important to make sure this Is done before administrative or court hearingsadministrative or court hearings Advocate for IV-D to routinely do this rather than subpoenaAdvocate for IV-D to routinely do this rather than subpoena parent to provide proof of income and assetsparent to provide proof of income and assets Ask to be appointed to your state Child Support GuidelineAsk to be appointed to your state Child Support Guideline committee or find out how to impact this committee from thecommittee or find out how to impact this committee from the outsideoutside
  • 17. Administrative Hearings, Paternity,Administrative Hearings, Paternity, Orders, ModificationsOrders, Modifications You have the right to appeal to the court State required to use administrative or expeditedState required to use administrative or expedited processes U.S.C 666 (c) (1)processes U.S.C 666 (c) (1) Present your sidePresent your side Ask for instruction about how to appeal time framesAsk for instruction about how to appeal time frames Ask about when the order became effectiveAsk about when the order became effective Advocate for effective default process for establishingAdvocate for effective default process for establishing paternity, 45 CFR section 303.5(f) and establishingpaternity, 45 CFR section 303.5(f) and establishing an order amount the same day as paternityan order amount the same day as paternity
  • 18. Court HearingsCourt Hearings You have the right to appeal a referee, master or magistrate’s order to the judge. You have the right to appeal the judge’s decision to the Appeals Court. Parts of a Court HearingParts of a Court Hearing Opening statements: both sides: do yourself, IV-DOpening statements: both sides: do yourself, IV-D attorney, or your private attorneyattorney, or your private attorney Plaintiff presents their case (person who filed forPlaintiff presents their case (person who filed for the hearing)the hearing) Defendant presents their caseDefendant presents their case Each side has a chance to rebut each otherEach side has a chance to rebut each other Closing Arguments (You have a right to speak upClosing Arguments (You have a right to speak up at this point, if there is anything that still needs toat this point, if there is anything that still needs to be saidbe said
  • 19. Court HearingsCourt Hearings Continued Does IV-D represent you? Maybe yes, maybe no,Does IV-D represent you? Maybe yes, maybe no, they might be action only in the best interest of thethey might be action only in the best interest of the state -- this gives you the right to participate andstate -- this gives you the right to participate and speak upspeak up Ask how to appealAsk how to appeal Organize court monitorsOrganize court monitors DonDon’t let your life be decided in the hallway, demand’t let your life be decided in the hallway, demand your day in courtyour day in court
  • 20. So You Have an Order, Now What?So You Have an Order, Now What? Administrative or Judicial -Civil or Criminal Enforcement Administrative: easy, quick and works best -- use moreAdministrative: easy, quick and works best -- use more than onethan one Income Withholding: New Hire Reporting or SPLS to findIncome Withholding: New Hire Reporting or SPLS to find employeremployer In same state or out of stateIn same state or out of state 15 days to notify employer, 45 CFR section 303.100(b)15 days to notify employer, 45 CFR section 303.100(b) (2)(2) Employer withholds net pay, then has 7 days to send inEmployer withholds net pay, then has 7 days to send in payments, 45 CFR section (c)(1)(ix)payments, 45 CFR section (c)(1)(ix) Collects current and payments of back support, no newCollects current and payments of back support, no new court hearing, U.S.C. 666(a)(1)court hearing, U.S.C. 666(a)(1) Advocate for IV-D to promptly act on all New HireAdvocate for IV-D to promptly act on all New Hire Reports in same state and from out of stateReports in same state and from out of state
  • 21. Other Administrative EnforcementOther Administrative Enforcement TechniquesTechniques State computer must do data matches with other computers to find assets. 42 U.S.C. 666(g) Bank account attachmentBank account attachment Retirement, WorkerRetirement, Worker’s Compensation, Unemployment’s Compensation, Unemployment AttachmentAttachment DriverDriver’s Licenses, professional license’s Licenses, professional license suspension/revocation-judicial in some states 42suspension/revocation-judicial in some states 42 U.S.C. 666(a)(16)U.S.C. 666(a)(16) Attach judgments, settlements, lump sum paymentsAttach judgments, settlements, lump sum payments 42 U.S.C.42 U.S.C. Lottery winnings 42 U.S.C. 666(1)(g)Lottery winnings 42 U.S.C. 666(1)(g) Advocate for actions whichAdvocate for actions which “grab” the assets and“grab” the assets and require non-payor to justify why it should be releasedrequire non-payor to justify why it should be released
  • 22. Judicial EnforcementJudicial Enforcement Civil Motions to show cause if in contempt=JudicalCivil Motions to show cause if in contempt=Judical discretiondiscretion Use for under the table earner when you have noUse for under the table earner when you have no proof of incomeproof of income Use to obtain work order 42 U.S.C. 666(a)(15)Use to obtain work order 42 U.S.C. 666(a)(15) use for those who only pay when brought to court;use for those who only pay when brought to court; ask for automatic review of case every 2 monthsask for automatic review of case every 2 months Use to obtain lump sum judgmentUse to obtain lump sum judgment
  • 23. Judicial EnforcementJudicial Enforcement Continued Do not use against self-employed unless you have noDo not use against self-employed unless you have no information about their incomeinformation about their income Do not use in the state where you live when you haveDo not use in the state where you live when you have an interstate casean interstate case If the non-payor no-shows, ask for a bench warrant,If the non-payor no-shows, ask for a bench warrant, does not go across state lines, call Sheriff to ensuredoes not go across state lines, call Sheriff to ensure they pick up non-payorthey pick up non-payor Advocate for strict enforcement, monitor hearings,Advocate for strict enforcement, monitor hearings, issue reports to publicissue reports to public
  • 24. Criminal EnforcementCriminal Enforcement Go to County Prosecutor or District Attorney to fileGo to County Prosecutor or District Attorney to file chargescharges They issue a warrantThey issue a warrant Non-payor is arrested or warrant is sent to state whereNon-payor is arrested or warrant is sent to state where non-payor livesnon-payor lives Non-payor is arraigned pleads guilty, not guilty or no-Non-payor is arraigned pleads guilty, not guilty or no- contestcontest Can be Misdemeanor or Felony crime, varies from stateCan be Misdemeanor or Felony crime, varies from state to stateto state Best if placed on probation- go to jail if miss payment or;Best if placed on probation- go to jail if miss payment or; Work release programWork release program Monitor your case, notify probation officer if no paymentsMonitor your case, notify probation officer if no payments
  • 25. Criminal EnforcementCriminal Enforcement Continued Go back to Prosecutor or District Attorney if no actionGo back to Prosecutor or District Attorney if no action by Probation Officerby Probation Officer Call Sheriff and give updated information if they don'tCall Sheriff and give updated information if they don't pick up non-payor on the warrantpick up non-payor on the warrant Use against self-employed, job hoppersUse against self-employed, job hoppers Don't use against:Don't use against: those who wonthose who won’t work’t work no information about income or assetsno information about income or assets Advocate for strict enforcement, monitor hearings,Advocate for strict enforcement, monitor hearings, issue reports to publicissue reports to public
  • 26. Interstate RemediesInterstate Remedies Civil or Criminal enforcement available Interstate income withholding Best and most effectiveInterstate income withholding Best and most effective Other Administrative EnforcementOther Administrative Enforcement Civil Enforcement under UIFSA (Old URESA) is same asCivil Enforcement under UIFSA (Old URESA) is same as civil contemptcivil contempt Use for interstate paternity and order establishmentUse for interstate paternity and order establishment unless child conceived in state where you liveunless child conceived in state where you live Criminal charges can be state based or federal basedCriminal charges can be state based or federal based State based: crime is committed in state where child lives.State based: crime is committed in state where child lives. Process same as in all same state cases except warrantProcess same as in all same state cases except warrant is sent to Sheriff in county where non-payor livesis sent to Sheriff in county where non-payor lives
  • 27. Interstate RemediesInterstate Remedies Continued Sheriff from child's state travels to state of non-payorSheriff from child's state travels to state of non-payor to bring back non-payor to child's stateto bring back non-payor to child's state Federal criminal non-support, 18 U.S.C. 228Federal criminal non-support, 18 U.S.C. 228 More difficultMore difficult Takes longerTakes longer Must have proof of many assets and incomeMust have proof of many assets and income Use for State hoppers and wealthyUse for State hoppers and wealthy Case is referred from local IV-D Agency to U.S.Case is referred from local IV-D Agency to U.S. AttorneyAttorney
  • 28. Interstate RemediesInterstate Remedies Continued FBI investigatesFBI investigates Federal Warrant is issuedFederal Warrant is issued U.S.. Marshal arrests non-payorsU.S.. Marshal arrests non-payors Stand trial in area where Attorney General filedStand trial in area where Attorney General filed chargescharges Advocate for Sheriff to promptly serve warrants,Advocate for Sheriff to promptly serve warrants, put all on state wide data baseput all on state wide data base Advocate for U.S. Attorney to take more casesAdvocate for U.S. Attorney to take more cases Advocate for State IV-D to work with U.S..Advocate for State IV-D to work with U.S.. Attorney General, send them more casesAttorney General, send them more cases
  • 29. Extra Enforcement TechniquesExtra Enforcement Techniques Attaching Tax Refunds IRS Offset: Attachment of federal Income tax refundsIRS Offset: Attachment of federal Income tax refunds 45 CFR section 302.6045 CFR section 302.60 Must be $500 behind if child not on welfare $250Must be $500 behind if child not on welfare $250 behind if child on welfarebehind if child on welfare State may hold payment for 6 months to allow newState may hold payment for 6 months to allow new spouse to claim part of refundspouse to claim part of refund Payments from federal Offset pay off welfare arrearsPayments from federal Offset pay off welfare arrears before arrears owed to family, 42 U.S.C. 657(a)(iv)before arrears owed to family, 42 U.S.C. 657(a)(iv)
  • 30. Extra Enforcement TechniquesExtra Enforcement Techniques Continued State Tax Offset attaching state tax refunds, 45 CFRState Tax Offset attaching state tax refunds, 45 CFR Section 303.102Section 303.102 States automatically submit all IV-D cases for federalStates automatically submit all IV-D cases for federal and state offsets,and state offsets, 42 U.S.C. 464(b)(1)42 U.S.C. 464(b)(1) Advocate for states to not hold federal refunds for sixAdvocate for states to not hold federal refunds for six months unless parent requestsmonths unless parent requests
  • 31. IRS Full Collections, 45 CFR Section 303.71IRS Full Collections, 45 CFR Section 303.71 Good for tough-to-collect-on cases, assets placed in someone else's name Local IV-D refers case to IRSLocal IV-D refers case to IRS IRS collects support using same process they use toIRS collects support using same process they use to collect back taxescollect back taxes Must be $750 behind in paymentsMust be $750 behind in payments Must have tried other methods and they have failedMust have tried other methods and they have failed State may charge fee for serviceState may charge fee for service Advocate for state to use this service!!Advocate for state to use this service!!
  • 32. Collecting from Military or VACollecting from Military or VA Simple process to obtain involuntary allotmentSimple process to obtain involuntary allotment (income withholding)(income withholding) See ACES book, How to Collect Child Support forSee ACES book, How to Collect Child Support for specific stepsspecific steps VA benefits are not attachable but child is entitled toVA benefits are not attachable but child is entitled to allotmentallotment Service member must sign child up for allotmentService member must sign child up for allotment If service member fails to act, use contempt hearingIf service member fails to act, use contempt hearing process to get court order telling service member toprocess to get court order telling service member to sign-up child(ren)sign-up child(ren)
  • 33. Collecting from Military or VACollecting from Military or VA Continued To establish paternity, serve alleged father atTo establish paternity, serve alleged father at designated Military officedesignated Military office If court action needed and service not available, theIf court action needed and service not available, the court is required to appoint an attorney to representcourt is required to appoint an attorney to represent him/herhim/her Advocate for President to issue Executive OrderAdvocate for President to issue Executive Order giving access to Service member DNA records togiving access to Service member DNA records to establish paternity quickly and efficientlyestablish paternity quickly and efficiently
  • 34. Collecting from Social SecurityCollecting from Social Security Benefits, Bankruptcy protections, etc.Benefits, Bankruptcy protections, etc. Social Security Disability and Retirement benefits areSocial Security Disability and Retirement benefits are attachable to collect support via the same system asattachable to collect support via the same system as income withholding,42 U.S.C. 659income withholding,42 U.S.C. 659 SSI-Social Security Supplemental Insurance isn'tSSI-Social Security Supplemental Insurance isn't attachable---this is supposed to be temporary assistanceattachable---this is supposed to be temporary assistance with a disabilitywith a disability Child support debts cannot be discharged in Chapter 7Child support debts cannot be discharged in Chapter 7 (full) bankruptcy(full) bankruptcy Child Support Debts can be placed in Chapter 13Child Support Debts can be placed in Chapter 13 bankruptcy (payment plan) unless the payee objectsbankruptcy (payment plan) unless the payee objects Child support payment withheld by an employer who filesChild support payment withheld by an employer who files bankruptcy may be paced in Chapter 11 bankruptcy. Thebankruptcy may be paced in Chapter 11 bankruptcy. The non- custodial parent still owes the supportnon- custodial parent still owes the support
  • 35. Medical SupportMedical Support Federal law defines medical support as health insurance available to non-custodial parent from employer at a reasonable cost, 45 CFR section 303.31 Defines reasonable as employer group planDefines reasonable as employer group plan IV-D agency required in 1999 law to help collect un-IV-D agency required in 1999 law to help collect un- reimbursed costs but OCSE has not put outreimbursed costs but OCSE has not put out regulationsregulations There is a new medial support order form all statesThere is a new medial support order form all states are required to use, 42 U.S.C. 666(a)(19)are required to use, 42 U.S.C. 666(a)(19) Interstate insurance companies now accept stateInterstate insurance companies now accept state medical support orders for insurance. URISA plansmedical support orders for insurance. URISA plans 42 U.S.C. 666(a)(19)42 U.S.C. 666(a)(19)
  • 36. Medical SupportMedical Support Continued IV-D agency required to sign up kids, obtainIV-D agency required to sign up kids, obtain insurance claim cards.insurance claim cards. ID cards for children if non-custodial parent does notID cards for children if non-custodial parent does not do so. 45 CFR section 303.30do so. 45 CFR section 303.30 Advocate for OCSE to issue regulationsAdvocate for OCSE to issue regulations
  • 37. IV-D Agencies Operate StateIV-D Agencies Operate State Disbursement Units, 42 U.S.C. 654Disbursement Units, 42 U.S.C. 654 Federal law requires payments to be distributed within 2 business days of receipt 42 U.S.C. 654 (b) Family-first distribution, 42 USC 675 (a)(1), meansFamily-first distribution, 42 USC 675 (a)(1), means once a family is off welfare, back support owed toonce a family is off welfare, back support owed to family paid before back support owed to state forfamily paid before back support owed to state for welfare debtwelfare debt If potential problem, have families ask for audit ofIf potential problem, have families ask for audit of accountaccount States report over $700 million in undistributed funds:States report over $700 million in undistributed funds: Money paid in but not sent on to childMoney paid in but not sent on to child GAO reports most states had and continue to haveGAO reports most states had and continue to have problems with properly distributing the correctproblems with properly distributing the correct amount to pay off welfareamount to pay off welfare
  • 38. IV-D Agencies Operate StateIV-D Agencies Operate State Disbursement Units, 42 U.S.C. 654Disbursement Units, 42 U.S.C. 654 Continued Pre-, Post- and during welfare distribution rules arePre-, Post- and during welfare distribution rules are very complicatedvery complicated Bottom line: State can never keep more than it gaveBottom line: State can never keep more than it gave the familythe family Not all states give families first $50 paid while theyNot all states give families first $50 paid while they are on welfareare on welfare Advocate for state laws for annual audits of SDU andAdvocate for state laws for annual audits of SDU and IV-D, public disclosure of undistributed fundsIV-D, public disclosure of undistributed funds Advocate for simplifying federal distribution lawsAdvocate for simplifying federal distribution laws