Intergovernmental Reference Guide (IRG)
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Virgin Islands

Intergovernmental Reference Guide (IRG)
    Program Category:  
Updated On: 08 Jul 2016
Certified On: 08 Nov 2019

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are two local IV-D offices - St. Thomas Office and St. Croix Office
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
A2.1. If yes, what is the statutory citation?
N/A
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No.
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and two copies.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
The Virgin Islands has no reciprocal agreements in place at this time.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
Eighteen. Support may be continued up to age 22, if the child is enrolled and attending an accredited high school, college or university on a full time basis. Support may continue if child is disabled.
D2. What is the statutory citation for the age of majority?
16 V.I.C. Sec 341(g)
For Additional Information - No Link Provided
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Eighteen.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Support may continue up to age 22 so long as proof is submitted that the child is enrolled and attending high school or college on a full time basis. Proof must be submitted in the form of an official letter from the school registrar certifying, not just enrollment, but attendance on a full time basis. Support continues for any child who remains dependent because of a physical or mental disability, to the extent that once parents are deceased, siblings may be required to support their physically or mentally challenged brother or sister.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
10 years
For Additional Information - No Link Provided
E2. What is your State's statute of limitations for paternity establishment?
Paternity must be established prior to the child turning 18 years of age.(16 VIC Sec 293)
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Judgments can be renewed every ten years.
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of Income Model.
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Custodial Parent must first provide proof of attempts at collection, that copies of the bills have been provided to the NCP, and that he has failed to comply with the request for payment. That documentation is filed by motion with the Administrative Hearing Office for hearing and/or order of enforcement.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Presently, the only cost charged to the obligee is a $20 application fee, and DNA costs for negative tests.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Presently, the only costs recovered from the Obligor are DNA costs for positive tests.
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Title 16 VIC Section 391 et sec
For Additional Information - No Link Provided
F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
The Virgin Islands Paternity and Child Support Division does not establish nor modify Spousal Support provisions. The office will however enforce such a provision in conjunction with a child support obligation.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Retained from collections.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
No.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
2010
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
F15.1. If yes, list the eligible assignments your state would discontinue.
Pre 1997 assignments
F15.2. When will your state discontinue each type of assignment?
2010
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
Our system currently handles PWRORA distribution. We have not made any decisions reagrding the adoption of DRA rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
IV-D agency has independent authority to redirect payments to agency or other governmental entity as appropriate without need for tribunal order.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Same.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Motion has to be filed by IV-D agency or petitioner to redirect payment and respective order has to be issued.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The fee will be collected from the Custodial Parent. Our system will retain the fee from collections after the $500 threshhold has been met.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic Testing.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
public assistance payments and any income exempted by federal law.
For Additional Information - exit disclaimer
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
An amount not to exceed the lesser of $1 or the actual cost of administration.
For Additional Information - No Link Provided
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
No later than the first regular pay date on which income would have been paid or credited to the employee, following the date the notice was received by the employer. Except that if the notice is received less than five business days before the next regular pay date, the employer may implement withholding on the second following pay date. The employer is not required to vary its normal pay and disbursement cycles to comply with the withholding order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 business days after the amount would have been paid or credited to the employee.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The Division may implement contempt proceedings against an employer, and that employer may be subject to a fine of not less than $500, but not more than $1000 for not implementing income withholding. The employer is further liable for the accumulated amount, the employer should have withheld from the obligor's income.
G7. What is the penalty to an employer for failure to remit payments withheld?
Employer becomes liable for the accumulated amount it should have withheld, and could face a fine of not less than five hundred($500) and not more than one thousand ($1000.) 16 VIC Sec 361
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
IWO should be sent to the VI DoL - please contact the IV-D agency for specific contact name and address.
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
OMB approved IWO form
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
See response to G9.1
G10. How does an obligor contest income withholding in your state?
An obligor must inform the Division within 10 business days of the date of a Notice to Withhold, that he or she is contesting the withholding. The only basis for contesting withholding is mistake of fact.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Prorate available amount across all orders.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes. Medical insurance premiums are excluded from the income calculation, if, and only if, the child(ren) in question are covered. Mandatory union dues are also deducted and any other deduction required by law.
G13. When does your state require the employer to send notice of an employee's termination?
Notice is required upon termination, and our state further requires that the employer provide obligors last know address and the address of the obligor's new employer, if known.
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Employer discretion. Should the employer reinstate the the employee, the system will generate a new wage,once the employment status has changed.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Direct Income Withholding orders can be sent to any employer and/or Financial Institution in the Territory. If there is no compliance, then a case should be opened with the Paternity and Child Support Division.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child support takes priority
For Additional Information - No Link Provided
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

For Additional Information - No Link Provided
G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
While custody is not addressed, because it falls outside of the scope of the Division's Administrative authority, visitation is addressed only to the extent that all parties agree. In most instances, mediation services are made available to the parties, and the Administrative Hearing Officer will incorporate any mediated visitation agreement in the final order of support.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% creates a conclusive presumption of paternity
For Additional Information - No Link Provided
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
05/05/1998
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Acknowledgements of paternity executed prior to 1998 are treated as evidence of paternity. DNA tests have been granted to establish a conclusive finding of paternity, however, where there have been subsequent orders establishing paternity and child support, the burden of proof is on the person contesting paternity to establish doubt as to the paternity of the child(ren) in question.
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Through witness testimony or other evidence, including DNA testing, placing paternity at issue.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Post 5/1998 yes. Prior to 5/1998 no.
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?

For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.

For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Title 16 VIC 391 et seq
For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
A state can request that DNA costs or other court costs be reduced to a judgement for enforcement purposes.
For Additional Information - No Link Provided
H14. Does your state recover genetic testing costs for another state?
H14.1. If yes, please explain.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
The unmarried father's name is on the birth certificate if he has signed a Voluntary Acknowledgment of Paternity.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of documents should be sent with a separate paternity affidavit for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Combined Administrative and Judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is used for all IV-D cases, but under exceptional circumstances, the administrative hearing officer may refer the case to the judicial branch.
I1.2. Under what circumstances would a judicial process would be used?
The Judicial process is most commonly used when Divorce Decree and/or property settlement agreement includes a support obligation.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
16 V.I.C. Sec. 354, and CVIR 16-013-001, Sec. 354-01 through 354-11
For Additional Information - No Link Provided
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Generally, in most cases, only the NCP's income is considered in the Guidelines calculation, unless the party's income exceeds $6000 per month or a deviation standard is met. In this scenario, a determination based on the Custodial Parent's income, Non Custodial Parent's income and the child's needs.
For Additional Information - No Link Provided
I3. What criteria for rebutting your presumptive guidelines have been established in your state?
CVIR 16-013-001, Sec 345-06. 1. Intentionally unemployed or underemployed. 2. Increase or decrease in income from property or assets. 3. Special or extra-ordinary educational, health or dental expenses. 4. Expenses of child beyond secondary school. 5. Gross income at or below $600/month
For Additional Information - No Link Provided
I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
I4.2. What information or documentation does your State require to proceed?
1. Location Information on NCP 2. Address and Identification of CP 3. Birth Certificates. 4. Completed IV-D application. 5. $20 dollar fee. 5. Petition
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Support cannot be established for any period prior to the date that a petition for support is filed.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
All actions except Criminal or Civil contempt.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
Refer to question 11.3.
For Additional Information - No Link Provided
I7. Is there a local state law that allows an interstate administrative subpoena?
Yes
For Additional Information - No Link Provided
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Documents are served by a process server.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Special or extraordinary educational, health or dental care expenses.
I17. Please provide the relevant statutory or case law citation. **
Title 16 section 345-06
For Additional Information - No Link Provided
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Parents can agree to Consent Support Orders.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Both
J2.1. What are the trigger criteria for filing a lien?
30 days of current support due
For Additional Information - No Link Provided
J2.2. Where are your state liens filed?
Lt. Governor's Office
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
Contact IV-D agency for current amount
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Both.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
We notify all obligors upon certification of delinquency,which is defined as the equivalent of 1 month of support and/or 30 days past due, of all potential enforcement remedies in a super notice.
J4.2. Does your state's income withholding definition include amounts in financial institutions?

For Additional Information - No Link Provided
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
We issue a Division Administrative Order to both the Financial Institution, with the notice/copy to the NCP two days after service on the financial institution.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
30 days in arrears
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
30 days in arrears, so dollar amount changes
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
yes, 30 days
J5.3.1. If yes, please provide the time frame.
30 days
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Within 10 days of receipt of notice
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistake of fact
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
administrative (can be appealed to judicial branch)
J5.11. What are your state's penalties for incorrect seizures?
all account holders acting upon FIDM notice have absolute immunity by statute
J5.12. Is the second challenge administrative, judicial, or both?
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
J5.14. Is the freeze and seize operation in your state centralized or automated?
partially automated with some financial institutions
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
administrative
J7. Describe any other administrative enforcement procedures your state may have.
license suspension, credit bureau reporting
J8. Describe any other judicial enforcement procedures your state may have.
civil contempt
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?

For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
J11. Describe your state's procedures for registering and enforcing another state's order.
Transmittal requesting registration and enforcement, Certified Statement by the party seeking registration or a Registration Statement by the custodian of records showing the amount of arrears, certified copy of all orders to be registered with two additional copies.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.

For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Yes Title 16 VIC 376(c)
J15. To which credit bureaus does your state report an obligor's child support information?
Trans Union
J16. Is the method for credit bureau reporting judicial, administrative, or both?
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
J19. What documentation does your state require to proceed with an AEI request?
30 days in arrears Title 16 VIC 366(a)
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
Request a certified copy of an order from Child Support Enforcement Transmittal #3.
J26. What is the procedure for obtaining a certified payment record?
Transmittal #3.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years, upon a request by either part, or earlier upon a showing of a substantial change in circumstances.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Automatically in Tanf cases, and upon request of either party, IV-D agency or initiating State in Non-Tanf cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Filing of motion alleging substantial change in circumstances from time the order was established or last modified.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
K5. Does your state have cost of living adjustments (COLAs) for orders?
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
K7.1. If yes, explain the circumstances?
K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Make request to Central Registry; no charge
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Appropriate UIFSA forms and certified copy of order
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
No
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child is adopted by someone other than the non-custodial parent. The child support order states that the child support ends prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
L1.2 Provide the statutory citation.

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L2. Does your state law require employers to report lump sum payments?
L2.1 If yes, give the statutory citation or rule.

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L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
L4. How are employers instructed to report a pending lump sum?
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
L6. Does your state use the income-withholding order to attach the lump sum payment?
L7. Does your state use the lien/levy process to attach lump sum payments?
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
L8. What other documents does your state use to attach lump sum payments?
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

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L9.3. If yes, what are those limits?
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
L11.1 If so, specify the vendor.
L12. Does your state have a debit card program?
No.
L12.1 If so, specify the vendor.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
N/A
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
N/A
L15. How does your state collect child support payments from an obligor? **
Payments must be made to our central location, Territorial Disbursement Unit. Payments are made by income withholding, cash, check, or money order.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments are disbursed by check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N\A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N\A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N\A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N\A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
N\A
M3.1. Provide the statutory citation.
N\A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
N\A
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
N\A
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
N\A
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)

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