However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. 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. 1. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. 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. (Catalog of Federal Domestic Assistance Programs No. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. X.This section illustrates a variety of miscellaneous case closure situations. If the initiating State continues to have an open case, but is asking Indiana to close its case because the initiating State no longer needs assistance from Indiana, can 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. To find out if your case may be transferred, contact your current CSEA. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. 303.11 to eliminate the term "absent parent'' and replace it with the term "noncustodial parent'' throughout, for consistency with preferred statutory terminology under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. Closure Code Chart - Child Support Quest Case Closure General Case Closure Closure Code Chart Updated on July 25, 2022 Closure Code Chart As of July 22, 2022. In short, it means that the mother is not cooperating with the Dept. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. Step 5: State your request to terminate child support payments and . 4. It is OCSE policy that because the statute specifically states that any individual may apply for IV-D program services, we cannot exclude a category of applicants. Such a case is open and being worked by only one State. Question 22: Because of the way some States have designed their automated systems, it is very common for them to close one case on a family and to immediately open another. Response: Automated location attempts do not require statewide automated systems. 4. Default Judgment: In general, if the PPS did not file an Answer to the S&C within 30 days, and a stipulation has not been reached, the judicial officer may enter a Judgment by default. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). (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. The calculator is based on child support guidelines set by law in California. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. There are several ways to enroll. The reduction in this case closure time frame only applies to those cases where the IV-D agency is unable to make an automated locate effort. According to paragraph (b)(1), a case is "unworkable'' if there is no current support order and the arrears are either under $500, or unenforceable under State law. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. Case closure is one of eight required categories States must assess. Close a Case - Child Support Services. For example, the obligor's duty to provide child support survives the death of the obligee. , GA 30303. As previously stated in the preamble to the final case closure rule issued on August 4, 1989, (54 FR 32284) and in OCSE-AT-89-15, there is nothing to prohibit a State from establishing criteria which make it harder to close a case than those established in paragraph (b). Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. If, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES 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. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. APRS who is receivingaid cannot close the case because all the support he or she is entitled to while on aid is assigned to the State. 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . Make sure you have a current version of Adobe Reader. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? Federal regulations, under 302.33(a)(4), require that whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. (b) * * * 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. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). 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? In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). Accordingly, paragraph (b)(2) is removed. In some states, the complainant may also be referred to as the "petitioner." . The closure of your child support case may affect your Medicaid coverage . Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. When Wyoming is the Responding State, the case worker shall. 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? Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. A child support agency may take increasing enforcement action, usually starting with . (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? 1. Response: As we stated in OCSE-PIQ-92-09, the final regulations published in the Federal Register on August 4, 1989 (54 FR 32284 at 32306) state that we received many comments by States and other organizations who requested that non-cooperation by the custodial parent (failure to attend hearings, refusal to sign forms, etc.) Comment: One commenter asked if paragraph (b)(1) could be used as authority for a IV-D agency to close a case that was opened after a child attained the age of majority, during which there was no need for a child support order, but subsequently (after emancipation) became disabled and under State law a support order was entered against this individual's parents? If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. Response: As we stated in OCSE-PIQ-91-02, when a former AFDC recipient refuses continued IV-D services, the case would remain open as an AFDC arrears-only IV-D case, for purposes of collecting any arrearages due under a court or administrative order which are assigned to the State. OCSE Central Office coordinates the EVS program with the Social Security Administration. * * * * *, j. Paragraph (d) is revised to read as follows: Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. HTML PDF: 388-14A-7115 1. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). of Revenue. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? Enforcing Child Support Orders. Person Paying Support (PPS): Parent who the child does not live with most of the time. Section 303.11 is amended as follows: Response: No. The final rule adds a new paragraph, (b)(12) to Sec. in non-AFDC cases be addressed. Closing a case in which the enrolleerequests case closure , or the custodial party (CP) is deceased, is a manual closure process, which means the statewide child support system does not automatically recognize the case closure criteria, but the Title IV-D Prosecutor's Office knows certain facts that make the case eligible for case closure. f. Newly redesignated paragraph (b)(9) is revised to read as follows:
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