State Download



Alabama


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Offices in 67 counties

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
Alabama Code 38-10-7.1
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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

B1. What is the statutory citation for your state's UIFSA?
Section 30-3D-101 through -902 Codes of Alabama 1975. For Additional Information-
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
2 copies, including one certified copy of the order to be registered and also including any modification of the order

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.)
Countries that have reciprocal agreements with OCSE.

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.
N/A

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.
N/A

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).)**


D1. What is the age of majority in your state?
19

D2. What is the statutory citation for the age of majority?
Section 26-1-1, Code of Alabama 1975.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
19 years of age, unless child is emancipated prior to that time.

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
N/A

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.
Alabama law allows post-minority support to be paid in the case of handicapped children and for college expenses. As of October 4, 2014, Alabama case law does not allow post-minority support to be established for college expenses. However, existing orders established prior to October 4, 2013 may be enforced under Alabama law. The Title IV-D Agency does not assist in collecting or enforcing post-minority support.

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.
N/A

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes

D8.1 If not, how does this affect interstate referrals?
N/A

E1. What is your State's statute of limitations for collection of past-due support?
20 years from the date the child support payment was due

E2. What is your State's statute of limitations for paternity establishment?
19 for purposes of child support. None for non-child support related paternity actions. 26-17-606. (Effective January 1, 2009, not yet updated on websites) No limitation to adjudicate parentage for a child having no presumed, acknowledged, or adjudicated father; limitation for child support. (a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after: (1) the child becomes an adult, but only if the child initiates the proceeding; or (2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect. (b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law.

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A

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)?
Income Share Model.

F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.

F3. Does your state charge interest on retroactive support?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Effective September 1, 2011, any arrears balances accrued after September 1, 2011 will be charged 7.5% interest on the unpaid principle balance at the end of each month. Any arrears balances accrued prior to September 1, 2011 will be charged 12% interest on the unpaid principle balance at the end of each month. Example:If there are $1000 in accrued arrears balances on August 31, 2011, then that balance will be charged 12% interest each month until those balances are paid in full. If there is $100 in arrears balances for the month of September 2011, then the interest that will be charged on that $100 will be 7.5% until the balance is paid in full.

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
The unreimbursed, uninsured portion must be presented to the court and a judgment obtained before it can be enforced.

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?
Application fee, annual $25 collection fee, fee for Income Tax and Administrative offsets.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Fee is charged to the obligee if they are the applicant for services

F7. Does your state recover costs on behalf of the initiating state?
No

F7.1. Optional comments regarding recovery of initiating state's fees.
N/A

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Rule 4.2B of the Alabama Rules of Civil Procedure and Code of Alabama Section 30-3A-201.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
The State enforces spousal support only in conjunction with a child support order.

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)
NO

F10.1. Optional comments regarding required information on spouse or partner.
N/A

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?
The fee is automatically intercepted by the State from child support collections once $500 has been distributed each fiscal year.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes, policy implemented 10/1/2008

F11.2 Does your state collect the fee from the person applying for IV-D services?
This method was used for FY 07 and FY 08 only.

F11.3. Does your state collect the fee from the absent parent?
During FY 07 & FY 08, fees were collected from the NCP only if he/she was the case applicant.

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?
10/01/09

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.
N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?
No

F15.1. If yes, list the eligible assignments your state would discontinue.
N/A

F15.2. When will your state discontinue each type of assignment?
N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
The State will follow PRWORA distribution rules ordering rules in Former Assistance Cases.

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?
Requires a Judicial redirection of payments.

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?
Requires a Judicial redirection of payments.

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?
Requires a Judicial redirection of payments.

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The fee is deducted from child support disbursements made to the custodial parent.

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).**
Court Ordered Costs

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)


G1. What specific source of income is not subject to withholding?
Under Alabama law, the only source of income that is exempt from Income Withholding is a teacher's retirement.
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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?
The maximum amount that can be deducted from an NCP's disposable income for child support is: (a) 50% percent if the NCP supports a second family and is behind 12 weeks or less in his/her child support obligation; (b)55% percent if the NCP supports a second family and is more than 12 weeks behind in his/her child support obligation; (c) 60% percent if the NCP does not support a second family and is behind 12 weeks or less in his/her child support obligation; or (d) 65% percent if the NCP does not support a second family and is more than 12 weeks behind in his/her child support obligation.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.00 per month

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The employer has 14 days to answer whether or not they will be able to withhold. Withholding commences on the first pay period following the 14-day answer period. Once money is withheld, it must be remitted within 7 working days.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 working days of the date the NCP is paid.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Contempt Action.

G7. What is the penalty to an employer for failure to remit payments withheld?
Penalty is set by the court.

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
You may send direct income withholdings through our IV-D agency for review and then our IV-D agency will forward the paperwork to the Alabama Department of Industrial Relations. (Please see G8.2 for required document info)

G8.2. What documents are required to intercept UI benefits?
An IWO. If your state does not display the obligor's SSN on the IWO then you still must provide the obligor's SSN as well as verification of the obligor's arrears balance, if any, as of the end of the preceding month. Documents are to be made out to the Alabama Department of Industrial Relations, 649 Monroe St., Montgomery, AL 36131. They can be mailed to Alabama Department of Human Resources, CSED, S. Gordon Persons Bldg, 50 Ripley St, Montgomery, AL 36130 or faxed to the attention of UCB Supervisor at 334-242-0606.

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.
Income Withholding for "periodic payments." Lump sum payments are subject to the lien and levy process.

G10. How does an obligor contest income withholding in your state?
Court action

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.
The State IV-D agency allocates all payments, regardless of whether there is an IWO in place.

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.
Employers notify the State IV-D agency if the obligor does not earn sufficient wages to withhold all current support. The IV-D agency policy is to refer the case back to the courts for judicial determination.

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?
No

G13. When does your state require the employer to send notice of an employee's termination?
The employer is informed on the standard IWO document to notify promptly of termination of employment/income.

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?
No requirement

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

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 employers and Worker's Compensation.

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.
The IVD Agency Rules require that if the NCP is ordered to pay current support andmedical support and his or her income is not sufficient to cover both obligations, current support must be withheld first

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?
Current support is paid first. In general, payments in excess of current support are allocated on a pro rata share based on any amount ordered to be paid toward arrears and the arrears balances

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Distribution follows federal law and regulations and is also addressed in Alabama law, Code of Alabama 1975, as amended, Section 38 10 8; Alabama Dept of Human Resources Administrative Code, Chapter 660 3 5
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G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
97%

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Rebuttable Presumption-Paternity Acknowledgements are not a conclusive presumption but a rebuttable presumption.

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
By clear and convincing evidence.

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.
The signature on the acknowledgment of paternity and proper filing with the Alabama Center for Health Statistics creates a legal finding of paternity; otherwise, court action is necessary to establish paternity. To request a copy of an Alabama Acknowledgment of Paternity, see Alabama Department of Public Health Link below to download the document. Go to the section for birth certificates. Download this form, but at the top of the document, write "Request for Certified Copy of Acknowledgment of Paternity". If you don't include this information, you will receive a birth certificate. There is a $15 charge for the Acknowledgments. Payment made to the Alabama Dept of Public Health. The form also includes an address where the form can be sent to obtain the Acknowledgment. Include a copy of your work Identification or a copy of your driver's license as well.
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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?
N/A

H8. Does your state have any other paternity-related presumptions?
Yes

H8.1. If yes, briefly explain.
Attempted marriage before, during or 300 days following the child's birth; if after child's birth, marriage or attempted marriage when father has either acknowledged paternity in writing and filed documents with appropriate courts or Bureau of Vital Statistics; with his consent he is named as the father on the child's birth certificate; been obligated to support via a written voluntary promise or court order; received the child into his home or openly holds the child as his natural child; or acknowledged his paternity of the child in a writing filed in accordance with provisions of legitimization statute; signed acknowledgment of paternity.

H9. Does your state have a putative fathers' registry?
Yes

H9.1. If yes, what is the name of that entity?
Putative Father Registry

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.
None

H11. Is common-law marriage recognized in your state?
Yes

H11.1. If yes, briefly describe the standard that defines common-law marriage.
Must be an actual and mutual agreement to enter into a matrimonial relationship; must be permanent and exclusive of all others; must be followed by public recognition of existence of common law marriage or alternatively, consummate marriage by cohabitation as husband and wife or, by mutually assuming openly marital duties and obligations; parties must have capacity to marry. Common law marriage is not statutory but recognized in case law which goes back to the 19th century.

H11.2. When did your current common-law standard go into effect?
01/01/1975

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?
Common law marriage is not statutory, but recognized in case law, which goes back to the 19th century.

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?
The method of testimony is determined by the court.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Rules 4 through 4.4 of the Alabama Rules of Civil Procedure.
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H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
As requested

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
One set of documents can be sent with a paternity acknowledgment for each child.

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 can be sent with a paternity acknowledgement for each child.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative is not used.

I1.2. Under what circumstances would a judicial process would be used?
In every case.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
There is no administrative method to establish support.

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)?
The custodial parent's income
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
A written finding on the record based on evidence that the application of the guidelines would be unjust or inappropriate, agreement establishing a different amount and stating the reasons therefore, reviewed and approved by the court.

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
If it is a paternity action, two years prior to filing of paternity action or back to the birth of the child if the child is less than two years old when action is commenced. If the legal duty to support already exists but there has not been a support order, back to the date the duty to support commenced.

I4.2. What information or documentation does your State require to proceed?
Income information for guidelines.

I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
If it is a paternity action, two years prior to filing of paternity action or back to the birth of the child if the child is less than two years old when action is commenced. If the legal duty to support already exists but there has not been a support order, back to the date the duty to support commenced.

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?
Administrative process for paternity establishment(paternity acknowledgement) and for collection.

I6. What is your state's statutory authority for the administrative process?
Alabama Code 26-17-22, 30-3-171 through 179, 30-3-191 through 194, 30-3-197 through 198.
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I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
Yes

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?
If the existing court order expressly granted custody to one party, the new custodian would need to obtain legal custody. Some jurisdictions may process TANF cases

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?
Yes, if the existing court order expressly granted custody to one party

I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor

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? **
None

I17. Please provide the relevant statutory or case law citation.**
N/A

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?**
No

I18.1 If yes, indicate the appropriate responses. **
N/A

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?
Administrative and judicial.

J2.1. What are the trigger criteria for filing a lien?
$1,500 arrearage, income withholding not possible, or NCP has or is likely to acquire property.

J2.2. Where are your state liens filed?
Administrative: County, Judge of Probate's Office-where real property is located County, Secretary of State-personal property. In records where Uniform Commercial Code financing statements are filed Judicial: County, Judge Probate's Office-where property located.

J2.3. Does your state charge a fee for filing a lien?
Yes

J2.4. If yes, please indicate the amount.
Varies

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?
Delinquent

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Three-months delinquency. No accounts exempted.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1,000 minimum delinquency.

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes.

J5.3.1. If yes, please provide the time frame.
21 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.
N/A

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
N/A

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.
Yes. $500.00

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
The State

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?
15 days for administrative review

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?
Obligor can request an administrative hearing within 30 days after the administrative review is completed. Obligor can request a judicial review within 30 days after the administrative order is issued.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Error in the amount of past due support, mistaken identity, account does not belong to the obligor.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Administrative

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
15 days from receipt of notice. No unique requirements. Recourse for non-debtor to be determined.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. In process of being automated.

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.
N/A

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

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
21 days

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 and judicial.

J7. Describe any other administrative enforcement procedures your state may have.
Passport denial

J8. Describe any other judicial enforcement procedures your state may have.
Contempt

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Alabama Procedures Code Rules 660-3-17-.01 through 660-3-17-.07
For Additional Information - exit disclaimer

J10. Which of your state's enforcement remedies are available without judicial actions?
None.

J11. Describe your state's procedures for registering and enforcing another state's order.
Same as required by UIFSA model legislation.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Judicial process is not required if administrative procedures of enforcement are available.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
Section 6-9-230 through 6-9-238 Code of Alabama 1975.
For Additional Information - exit disclaimer

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
The NCP's total arrears, fees, and interest (from all of the NCP's cases) is an amount equal to or greater than $1000.

J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, Experian, TransUnion, Innovis

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
MSFIDM, FIDM, and withholding from state unemployment Compensation benefits

J19. What documentation does your state require to proceed with an AEI request?
A UIFSA Trans 1, a copy of the court order, and documentation of arrearages. This information is needed for case setup.

J20. What mandatory data elements does your state need to process AEI requests?
All of the demographic information from the Trans 1, case and court order identifiers, the obligor's full SSN, court order terms, and court order balances

J21. Which additional data elements would aid your state in processing AEI requests?
Direct contact information for the person sending the request, not a generic customer service number.

J22. How many copies/sets of documents does your state require with an AEI request?
One copy

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?
The only criteria that must be met for withholding from Unemployment Compensation benefits is that the obligor must actually be receiving the benefits

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
We require: 1. Transmittal 1 with "FIDM ONLY, close case after collection" indicated as the service selection. 2. Certified copy of the order. 3. Certified pay records or APDS. We do not require a registration statement if we are being asked to do Freeze and Seize only. The information on the Transmittal 1 is needed for setup purposes.

J25. What is the procedure for obtaining a certified copy of a court order?
Preferably an e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker.

J26. What is the procedure for obtaining a certified payment record?
Preferably an e-mail to csregistry@dhr.alabama.gov with all party information as well as complete mailing address and telephone number for the requesting state worker.

J27. Is there a cost for requesting a certified copy of a court order or payment record?
That is dependent on the Circuit Clerk's office for each court jurisdiction if they are the provider of the information.

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?
No special provision for low income parents or hardships

J29. What triggers a driver's license revocation?
A third finding of delinquency if the noncustodial parent has received two license suspensions within the previous 12 months

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes

J29.2 If yes, what is the amount?
Arrears must be equal to or greater than six months current support obligation

J30. Under what conditions may a noncustodial party restore the driver's license?
Pay arrearage in full or enter into an approved payment plan

J30.1 What is the process for restoring a driver's license?
Pay arrearage in full or enter into an approved payment plan

J31. Does your state allow temporary or conditional driver's licenses?
No

J31.1 If yes, what are the conditions?
N/A

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
$150 for TANF or IV-E Foster Care cases or $500 for Non-TANF and Medicaid Only Cases

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A

J36.2 What is the dollar amount?
N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J38.2 What is the dollar amount?
$500

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
No

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Three years.

K2. Briefly describe your state's modification procedure.
Petitions filed by agency upon request of either the client or an agency determine the action that is appropriate following a review of the order.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
At least 10% change from the current order

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
Nothing identified.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
N/A

K6. How does your state credit SSA disability to current and past-due support?
Benefits in excess of the child support obligation paid to a child when the NCP is disabled are in lieu of child support and satisfies the child support obligation for the time period that the payments represent. However, if the SSA payments are greater than the child support payments would have been for the same period, the excess may not be applied against an arrearage that accrued prior to the time of disability.

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.
No

K7.1. If yes, explain the circumstances?
N/A

K7.2. What is the statutory citation for your abatement law?
*No administrative abatement. Court action is required to abate or suspend child support.

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.
Birth Certificate (if order is being modified to add a child), all court orders, and payment records.

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.
For another state to obtain a copy of a paternity acknowledgement and/or birth certificate, please contact the Department of Public Health Center for Health Statistics, 201 Monroe Street, RSA Tower, Montgomery, AL 36130 (334)206-5426 or visit their website at www.alabamapublichealth.gov/vitalrecords/index.html

K8. What information does your state require to register an out-of-state order for enforcement/modification?
Transmittal #1 uniform Support Petition, General Testimony, Registration Statement and Certified Copies of court orders and Pay Records

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?
Departmental Administrative Rules allow for an administrative income withholding order to be issued in the amount that was previously ordered toward current support. Other amounts could be ordered judicially.

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?
Departmental Administrative Rules require that an administrative income withholding order can only be issued in the amount that is court ordered toward the arrears. The amount ordered could be changed judicially.

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 no longer under the care of the custodial parent and there is no decision re-directing payments to someone else The child marries The child is adopted by someone other than the non-custodial parent The child has been removed from the family and is a civil ward of the state The child support order states that child support ceases prior to the normal duration The child enters into military service prior to the normal duration

L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
Not Required

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Not Required

L6. Does your state use the income-withholding order to attach the lump sum payment?
No

L7. Does your state use the lien/levy process to attach lump sum payments?
Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
General Notice of Levy

L8. What other documents does your state use to attach lump sum payments?
Notice of Lien which is registered with the Alabama Secretary of State

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?
No

L9.1. If yes, what are those limits?
N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No

L9.3. If yes, what are those limits?
N/A

L9.4. If no, what percentage is the employer required to withhold?
N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No

L10.1 If yes, would the employer only withhold for that period's obligation?
N/A

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
Xerox State and Local Solutions

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
Xerox

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No

L13.1 If so, are there fees involved?
N/A

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 a central location Payments may be made by income withholding Payments may be made by electronic funds transfer

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 may be by check

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt

L18. Does your state process electronic payments in international cases?**
Yes

L18.1 If so, describe the process.**
The funds are transferred to our bank via bank instructions

L19. What is your state's International Bank Account Number (IBAN)?**
N/A

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
N/A

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
None

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A

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)?
Alabama Law defines insurance companies as financial institutions so the insurance match is not limited to the type of claim

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?
None

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)?
None

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)?
Alabama's law does not address this

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.
No. It provides that "The state Title IV D agency may impose penalties as established by rules and regulations applicable to penalties promulgated by the state Title IV D agency for failure of financial institutions to comply with the terms of this section. Code of Alabama 1975 30-3-192(f) Note: Alabama law defines insurance companies as financial institutions in 30 3 191.

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes, the financial institution is not held liable.

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes

M3.1. Provide the statutory citation.
Code of Alabama 1975 30-3-192
For Additional Information - exit disclaimer

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO and Lien/Levy

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
Child Support Enforcement Division

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
30-3-197 (b)
For Additional Information - exit disclaimer

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The NCP has 15 days from the date of notice to appeal.
For Additional Information - exit disclaimer

M6. Are there attorney fees associated with the insurance intercept activity?
NO

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
They would have to intercept collections from the individual Workers Compensation insurers. Alabamas WC agency records claims filed and benefits paid but it does not pay benefits.

M7.1. What is the process, the points of contact, and what forms?
Contact individual insurer

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)



Alaska


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
One main office in Anchorage and one satellite offices in Fairbanks. The satellite office in Fairbanks is for walk-in traffic only.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
Evid. Rule 503

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes

A2.3. If yes, please explain.
The Dept. of Law represents CSSD under authority of AS 25.27.050, and according to the terms of the cooperative agreement (created under 45 CFR 303.107). At law, the Attorney General is empowered to litigate and settle cases under Public Defender Agency v. Supreme Court, Third Judicial District v. Superior Court, Third Judicial Dist., 534 P.2d 947 (Alaska 1975).

B1. What is the statutory citation for your state's UIFSA?
Alaska Statute 25.25.101-25.25.903

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One

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.)
Canada (only the Following provinces: Alberta, American Samoa, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon Territory), Australia, England, Germany, Guam, Norway, Poland, Ireland, Sweden, Netherlands, the Czech Republic and Slovak Republic.

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.
N/A

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.
N/A

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).)**


D1. What is the age of majority in your state?
18 if order does not specify otherwise. It can be extended to age 19 or the date of graduation, whichever comes first, if unmarried and pursuing a high school diploma or equivalent level of technical or vocational training & residing with custodial parent, guardian or designee of the parent or guardian. The order will require modification to add Post Majority support language if not already in the order.

D2. What is the statutory citation for the age of majority?
AS 25.20.010,AS 25.24.140(a)(3), 25.24.170(a)

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
15 AAC 125.873

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.
Limited provisions for disabled children and other allowances as stated in the court order.

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?
Yes

D7.1. If yes, please describe the procedure.
Support obligations are adjusted in accordance with the language in the order. Orders issued in a state other than Alaska listing a flat rate amount of support will not automatically be adjusted. For Alaska orders established in accordance with 90.3, the obligation will be adjusted in accordance with 90.3 (as well as under 15 AAC 125.873)

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No

D8.1 If not, how does this affect interstate referrals?
Once the children have emancipated we won't accept initiations for enforcement.

E1. What is your State's statute of limitations for collection of past-due support?
No statute of limitations on the collection of child support arrears. (AS 25.27.225)

E2. What is your State's statute of limitations for paternity establishment?
Age of majority of child.

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.
Administrative garnishment procedures may be used without reviving or renewing the support order. However, collection by a judicial remedy, such as writ of execution, requires a showing of good cause before executing on a judgment that is more than five years old.

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. (as defined under Civil Rule 90.3)

F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
6% per annum. Charged the end of the month the support was due and not paid.

F3. Does your state charge interest on retroactive support?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Statutory interest rates. No interest prior to January 1, 1983; 12% from January 1, 1983 - September 30, 1996; 6% from October 1, 1996. AS 25.27.025 and 15 AAC 125.840

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
As ordered in the judgment.

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
If set to judgment.

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?
An annual maintenance $25.00 fee is collected for each never TANF case where the State has collected at least $500.00 of child support during the federal fiscal year.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The State of Alaska has elected to pay the $1.00 application fee on all cases.

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
Only if reduced to a judgment. Alaska will collect genetic testing fees, process service fees, birthing costs, and attorney fees associated with establishing paternity and child support orders. Alaska will not collect administrative fees.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
AS 25.25.201 (as well as under UIFSA 2008)

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
Enforce only in conjunction with a child support order.

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)
no

F10.1. Optional comments regarding required information on spouse or partner.
Unless needed under exceptional circumstances.

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?
The State is absorbing the mandatory annual fee.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.

F11.2 Does your state collect the fee from the person applying for IV-D services?
No.

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?
Yes

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/2009

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.
n/a

F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes

F15.1. If yes, list the eligible assignments your state would discontinue.
Post 1997

F15.2. When will your state discontinue each type of assignment?
10/01/2009

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA

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?
Notification from Division of Public Assistance that the child is on TANF. In Alaska the order follows the child. AS 25.27.060

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?
Notification from the Division of Public Assistance.

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?
Application for services from the custodian of the child.

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State is absorbing the annual fee.

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).**
Once put into the form of a judgment we can collect on out of pocket medical expenses. We will also collect fees associated with paternity testing or the establishment of an order when the funds are owed to the state.

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)


G1. What specific source of income is not subject to withholding?
Exempt funds such as TANF, SSI, VA disability and Native Dividends without an Alaskan court order specifically authorizing the garnishment of the Native Dividend. If the court order is obtained, the Native Dividends can only be paid to the custodian and not used for a State debt.

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G2.1. If yes, what are those limits?
40% of disposable income after mandatory deductions may go to 65% under certain circumstances.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Employers may charge $5.00

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
First pay period following receipt of the withhold order.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
10 days

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
First step, Reminder Letter; Second step, Demand Letter; Third step, Seek Non-Compliance prosecution through the Department of Law.

G7. What is the penalty to an employer for failure to remit payments withheld?
1. Could be liable for full amount of arrears and costs (penalty) 2. The state may seek damages for improper retention or payment of funds that should have been withheld, plus fines and attorney fees.

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
Transmittal 1, Uniform Support Petition, certified copies of each order, certified arrears/payment record.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A

G10. How does an obligor contest income withholding in your state?
Request for Administrative Review.

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.
The employer will withhold amount determined by adding together the withholding amounts required by each of the orders, but not to exceed an amount equal to the percentage of the obligors disposable earnings set out in 15 AAC 125.540 (c) unless the agency has found good cause to increase the percentage amount to be withheld.

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.
15 AAC.125.571

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

G13. When does your state require the employer to send notice of an employee's termination?
Promptly after receiving notice of resignation from the employee or upon termination.

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?
3 years

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
Yes, Process server fees and genetic testing fees.

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Not at this time

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?
Yes, Employers

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.
15 AAC 125.570 addresses the calculation used.

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?
Current support is paid first. Arrears principle are then paid on a percentage ratio. Once principle arrears are paid, any interest is then paid on a percentage ratio.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A

G21. Does your state's law require a signature on the income withholding order?
Yes

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
AS 18.50.165

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
The presumption may be rebutted with clear and convincing evidence of non-paternity. For example, a wife and husband's sworn statements that the husband is not the child's father may constitute clear and convincing evidence sufficient to rebut the presumption or the mother, the legal father and the biological father may sign a three party affidavit.

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?
Yes

H6.1. If no, briefly explain.
n/a

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.
N/A

H9. Does your state have a putative fathers' registry?
Yes

H9.1. If yes, what is the name of that entity?
None.

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.
N/A

H11. Is common-law marriage recognized in your state?
No

H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A

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?
n/a

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.


H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
Fee recoupment must be requested in the initiating documents from the other state.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?


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.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Alaska uses both administrative and judicial process to establish support obligations.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is generally used to establish an order when there is no existing order.

I1.2. Under what circumstances would a judicial process would be used?
CSED rarely uses the judicial process to establish an order. The judicial process is often used when parents seek a child support order without the assistance of the child support agency.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
AS 25.27.160 and 165

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)?
Except for unusual circumstances, only the income of the NCP is used in primary custody cases. Both parents' income is used in shared or divided custody cases.

I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The amount of child support due under Alaska's child support guidelines may be varied for "good cause upon proof by clear and convincing evidence that manifest injustice would result" if the amount due under the guidelines was not varied.

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Alaska will establish support for prior periods. For non-public assistance cases, we will establish support from the date of the application for services. For cases with public assistance timeframes, the agency will establish arrears the 1st month state assistance was provided, but not to exceed six years before the service on the NCP of the child support order, or a notice of paternity and financial responsibility, or a paternity complaint, whichever is earlier.

I4.2. What information or documentation does your State require to proceed?
In order to collect past public assistance for other States, the requesting State must petition Alaska (by Transmittal) for establishment and collection of the past arrears and provide the past public assistance timeframes that occurred within the requesting State and include relevant supporting documentation, any existing court documents, orders for the case parties, and birth certificates for the children listed on the case.

I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See Question 14.1 above

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?
Paternity, Establishment, Modification and Enforcement

I6. What is your state's statutory authority for the administrative process?
AS 25.27.020

I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
Yes if the support order is issued from Alaska court. If administrative, 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?
Yes if support order is from Alaska court. If administrative order, it can be addressed administratively.

I14. What methods of personal service does your state use? **
Forward documents needing to be served to the Alaska State Troopers. Forward documents needing to be served to a private contractor.

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. **
The Alaska Court System is in the process of testing the LYNX eFiling Initiative and moving to a "paper-on-demand" environment.

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
cash medical expenses

I17. Please provide the relevant statutory or case law citation.**
Sec 25.27.020; 25.27.060; Sec 25.27.140; 15 AAC 125.432 Sec 25.27.020; Sec 25.27.140; 15 AAC 125.475

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. **
The Alaska trail courts have two separate programs: The Early Resolution Project (ERP) for settling eligible divorce and custody cases. The Modification Resolution Program (MRP) for case parties which provides court mediators and representatives from Child Support Services Division (CSSD) to modify child support obligation or change custody arrangements under the supervision of a magistrate judge.

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?
There is no State income tax in Alaska.

J2. Is the lien process in your state judicial, administrative, or both?
Administrative

J2.1. What are the trigger criteria for filing a lien?
$2,500 arrearage or 1 year behind in payments

J2.2. Where are your state liens filed?
County/Borough (Recording District)

J2.3. Does your state charge a fee for filing a lien?
No

J2.4. If yes, please indicate the amount.
N/A

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 administrative and judicial procedures. The administrative procedure is used to seize funds, such as those found on a person, when they are arrested and held by the police. When seizing property such as construction equipment, airplanes or other personal property, a judgment is obtained for the amount of past due child support, then a writ of execution is obtained upon the property to be seized.

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?
When the case is established

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
No specified number of months delinquent. No accounts exempted.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1000

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
yes

J5.3.1. If yes, please provide the time frame.
a minimum of 4 times the MSO

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.
N/A

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.
Yes, a minimum of $1,000.00 in checking and $100.00 in savings

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State

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?
15 days to request an administrative review

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?
Must appeal to court

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
When withholding in improper due to a mistake of fact and in Joint account circumstances.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
30 days from date of notice. No unique requirements. Non-debtor has same appeal rights as obligor.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None

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.
N/A

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?
No, but most financial institutions have their own procedures for how long they hold the funds before distributing them.

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
According to bank policy

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?
Both

J7. Describe any other administrative enforcement procedures your state may have.
Withhold and Deliver orders for commercial fisherman turning in their catch to the processor which is an administrative procedure. Collection of the Alaska Permanent Fund Dividend (PFD) via withholding order. We do set up PFD Collection Only cases for states who think the NCP may be eligible for the dividend and only want collection of that one time per year dividend.

J8. Describe any other judicial enforcement procedures your state may have.
Criminal non-support prosecution.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Under AS 25.27.230(e) & (f), A lien arising in another State under the child support laws of that State shall be given full faith and credit in this State. The lien may be asserted in this state upon the real or personal property of the obligor in the amount of the obligor's liability by complying with the requirements of this section. A lien recorded under this section is a Judgment lien and may be enforced by execution under AS 09.35 in the full amount of the obligor's liability at the time of execution. Under AS 25.27.240. Service of Lien. (a) The agency of this state or another state or a party or other entity seeking to enforce a child support obligation, may, at any time after recording of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person, political subdivision or department of the state possessing earning, or deposits of balances held in any bank account of any nature that are due, owing or belonging to the obligor.

J10. Which of your state's enforcement remedies are available without judicial actions?
We can administratively enforce wage and property withholding, federal offset, Permanent Fund Dividend intercepts and unemployment compensation without registering your order. For cases we are enforcing, Non-Alaskan orders must be registered when enforcement is contested, modification is requested, or to intercept native corporation dividends. PLEASE NOTE - Permanent Fund Division and UIB must be processed through our IV-D Agency.

J11. Describe your state's procedures for registering and enforcing another state's order.
To register an order from another state, the initiating state must provide the Child Support Enforcement Division with this information required under Section 602 of UIFSA. This information is then forwarded to the Office of the Attorney General where the documents necessary to register are prepared and filed with the court.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
AS 09.30.200-270

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears of over $1,000

J15. To which credit bureaus does your state report an obligor's child support information?
Experian, Transunion, Equifax

J16. Is the method for credit bureau reporting judicial, administrative, or both?
administrative

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.
FIDM, MSFIDM

J19. What documentation does your state require to proceed with an AEI request?
A copy of the Child Support Order and a signed Transmittal 1. The signature is sufficient to certify to the amount of the arrears.

J20. What mandatory data elements does your state need to process AEI requests?
Custodian and paying parent names. Paying parent address, dob, SSN. Certified amount of arrears,requesting state case ID and FIPS.

J21. Which additional data elements would aid your state in processing AEI requests?
If the obligor resides in Alaska you can request our full enforcement and let us know which Native Corporation NCP is a member of in order for us to collect dividends under the Alaska Native Claims Settlement Act (ANCSA). If the ncp resides outside of Alaska and it's your states order, we can give you the verbiage you will need your courts to put into your own ANCSA order. For lien only purposes, provide the area they own property in.

J22. How many copies/sets of documents does your state require with an AEI request?
One

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?
Alaska Native Dividend disbursements (ANCSA)cannot be used to pay state debt. All ANCSA funds must be paid to the custodian of the children.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
Transmittal #3, a copy of the order and certification of arrears

J25. What is the procedure for obtaining a certified copy of a court order?
Send request to Alaska Central Registry

J26. What is the procedure for obtaining a certified payment record?
Send request to Alaska Central Registry

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?
We abide by state statute (25.27.246). The obligor has the opportunity to request a review of the actions. We try to enter a reasonable payment agreement (while still covering mso, interest and arrearages) and we also review for possible modification actions.

J29. What triggers a driver's license revocation?
Caseworkers review each case to see if no payments have been coming in, if every avenue of enforcement actions have been tried, and if none of the efforts have been successful they refer the case for license enforcement actions.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes

J29.2 If yes, what is the amount?
$1,000 and 4x mso amount

J30. Under what conditions may a noncustodial party restore the driver's license?
Enter into a signed payment agreement for the amount and make initial payment at the time of signing or be under a wage assignment.

J30.1 What is the process for restoring a driver's license?
Upon receiving the initial payment and signed agreement, the caseworker will provide the obligor a copy of a release of license and an affidavit for reinstatement. The obligor will take the documents to the DMV and pay any additional fees in order to get the license reinstated.

J31. Does your state allow temporary or conditional driver's licenses?
No

J31.1 If yes, what are the conditions?
n/a

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
none

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
If there is at least $150.00 owed to the state of Alaska or $500.00 owed to the custodial parent, the obligor is then reported for offset.

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
n/a

J36.2 What is the dollar amount?
n/a

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
n/a

J38.2 What is the dollar amount?
n/a

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
No, unless directed to by the child support order.

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every Three years. For administrative orders, 15 AAC 125.321(b)(2)(C). For judicial orders, 15 AAC 125.326(a)(4)

K2. Briefly describe your state's modification procedure.
Upon a case party's request, the agency will send notice and a request for income information to both parties, and schedule a date by which the income information should be received. The information provided by the parties is reviewed along with other available information to determine whether there would be a change of at least 15% in the child support order. If the threshold 15% change is met and the parties have an administrative support order the agency will modify the administrative order. If the parties have a court order that is less than 1 year old, the party requesting the modification must provide proof that a significant change in circumstances (a change of at least 15% +/-), the agency will assist in the modification process by requesting the court to modify the order.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A change of at least 15% from the present order.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

K4.6. There has been a substantial change in childcare expenses.
No

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
n/a

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
n/a

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.
Yes

K7.1. If yes, explain the circumstances?
Only under Alaska Administrative orders.

K7.2. What is the statutory citation for your abatement law?
15 AAC 125.870. Suspension or termination of ongoing support

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.
N/A

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.
A limited service request may be submitted to the Alaska Interstate Central Registry to obtain information on pay records, Alaska TANF debt, copies of administrative orders, etc...

K8. What information does your state require to register an out-of-state order for enforcement/modification?
1 Certified copy of the order(s), a certified pay history, Transmittal 1, Registration Statement for each order,

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?
Collection will continue at the amount requested in the Withholding Order unless a modified Withholding Order is issued. Alaska does not order sum certain amounts on arrears, but instead uses an amortized amount located in Alaska Administrative Code 15 AAC 125.540 - 545

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?
We calculate the withholding order amount under 15 AAC 125.540, 15 AAC 125.545, 15 AAC 125.550, and 15 AAC 125.560

K10. What circumstances will cause your state to end child support before the normal duration? **
15 AAC 125.873 (a)A support order terminates when the child is emancipated, dies, or is legally adopted or when the obligor's parental rights and obligations are terminated under a proceeding under AS 47.10 or substantially similar laws in a state with jurisdiction over those proceedings.(b) Except as provided in (c) of this section a child will be considered emancipated if the child (1) turns 18 years of age; (2) is married according to law, unless the child is under the marriageable age of consent as defined in AS 25.05171(a);(3) is legally emancipated by a court or other tribunal of competent jurisdiction; or (4) enters the United States armed forces and is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian. (d) If the child enters the United States armed forces, the agency will presume that the child is no longer being supported as a dependent by a parent, guardian, or designee of the parent or guardian. A parent may rebut this presumption by providing clear and convincing evidence that the child is still being supported as a dependent by a parent, guardian, or designee of the parent or guardian.

L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.


L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
No threshold.

L4. How are employers instructed to report a pending lump sum?
Via the Withholding Order Additional Information Section, which states: Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments.

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
No

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?
N/A

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?
no

L9.1. If yes, what are those limits?
n/a

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
yes

L9.3. If yes, what are those limits?
100% up to the amount of the debt

L9.4. If no, what percentage is the employer required to withhold?
n/a

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes

L10.1 If yes, would the employer only withhold for that period's obligation?
No vendor. CSSD is the originator for ACH direct deposit

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
KeyBank

L12. Does your state have a debit card program?
Yes. The Key2Benefits MasterCard Prepaid Debit Card for child support payments.

L12.1 If so, specify the vendor.
KeyBank

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No. The Key2Benefits Card is for the child support program only.

L13.1 If so, are there fees involved?
Card replacement after 1 free card per year, Out of Network ATM withdrawal fee after the 2 free, overnight delivery, inactivity fee after 12 consecutive months.

L14. What are the fees associated with using the card?
Out of network at $1.50 per transaction after two free ones; $2.75 per transaction international ATM withdrawal; $4.95 card replacement; $15.00 overnight delivery; $1.40 inactivity fee.

L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payment may be made by pre-authorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by electronic funds transfer. Payments may be made in cash.

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 may be made by check. Payments may be made by electronic funds transfer. Foreign check payments are converted to US Dollars then applied to the case and disbursed.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.

L18. Does your state process electronic payments in international cases?**
Yes

L18.1 If so, describe the process.**
Yes, for one case. We receive and IAT batch and manually receipt the payment into the case.

L19. What is your state's International Bank Account Number (IBAN)?**
N/A

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


M1.1. Additional information on the CCPA.


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
N/A

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
No legislation as yet for them to provide any.

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
No legislation regarding this at this time.

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)?
If the obligor has not already entered into a payment agreement with the state and there is debt owed we will attach any type of claim or policy we find in the obligor's name.

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)?
No legislation regarding this at this time.

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.
No

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
No legislation regarding this at this time.

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

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
We use the property IWO (15 AAC 125.410)

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The Child Support Agency (15 AAC 125.410).

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
15 AAC 125.410

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
15 days (15 AAC 125.410(c ))

M6. Are there attorney fees associated with the insurance intercept activity?
no

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Through the Child Support Services Division.

M7.1. What is the process, the points of contact, and what forms?
We would need the Initiating Transmittal sent to the Central Registry address (the only Child Support office in Alaska). Specifically ask for workers compensation attachment.

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)
Yes

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?
Yes

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)
Yes

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)
Yes


American Samoa


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?


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?


A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?


A2.3. If yes, please explain.


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


B2. How many copies or sets of documents does your state need for an intergovernmental case referral?


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.)


C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?


C1.2. If yes, please explain.


C2. Has your state established reciprocity with any Native American tribal courts?


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?**


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).)**


D1. What is the age of majority in your state?


D2. What is the statutory citation for the age of majority?


D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.


D4. Does the date of the order determine the law that is applied?


D4.1. If yes, please explain.


D5. Does child support end if the child leaves the household, but does not emancipate?


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)?


D6.1. If yes, please explain.


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?


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?


E1. What is your State's statute of limitations for collection of past-due support?


E2. What is your State's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.


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)?


F2. Does your state charge interest on arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your state charge interest on retroactive support?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your state charge interest on adjudicated arrears?


F4.1. If yes, please indicate the amount of interest charged and any related conditions.


F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?


F5.1. If yes, under what circumstances?


F6. Does your state elect to recover costs or charge fees in your IV-D state plan?


F6.1. If yes, what costs are recovered from or fees charged to the obligee?


F6.2. If yes, what costs are recovered from or fees charged to the obligor?


F7. Does your state recover costs on behalf of the initiating state?


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?


F9. Does your state establish, enforce, or modify spousal maintenance orders?


F9.1. If yes, under what circumstances?


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?


F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?


F11.2 Does your state collect the fee from the person applying for IV-D services?


F11.3. Does your state collect the fee from the absent parent?


F11.4. Does your state pay the fee out of its own funds?


F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?


F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?


F14. Does your state participate in the pass-through in former assistance cases?


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.


F15.2. When will your state discontinue each type of assignment?


F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?


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?


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?


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?


F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?


F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **


F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).**


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)


G1. What specific source of income is not subject to withholding?


G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


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?


G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G5. What is the date by which an employer must remit amounts withheld from an employee's pay?


G6. What are your state's procedures for sanctioning employers for not implementing income withholding?


G7. What is the penalty to an employer for failure to remit payments withheld?


G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?


G8.1. Explain your process for receiving direct withholding orders across state lines.


G8.2. What documents are required to intercept UI benefits?


G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?


G9.1. Optional comments regarding direct withholding of WC benefits across state lines.


G10. How does an obligor contest income withholding in your state?


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.


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?


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.


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?


G13. When does your state require the employer to send notice of an employee's termination?


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?


G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?


G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


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?


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.


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?


G21. Does your state's law require a signature on the income withholding order?


H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?


H1.1. If yes, please explain.


H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?


H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.


H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?


H4.1. Were acknowledgments prior to that effective date rebuttable?


H4.2. Optional comments regarding paternity acknowledgments prior to that date.


H5. Does marriage constitute a rebuttable presumption of paternity?


H5.1. If yes, how is the presumption rebutted?


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?


H6.1. If no, briefly explain.


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?


H8.1. If yes, briefly explain.


H9. Does your state have a putative fathers' registry?


H9.1. If yes, what is the name of that entity?


H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?


H10.1. If yes, please describe any circumstances under which these fees may be waived.


H11. Is common-law marriage recognized in your state?


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?


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.


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?


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?


I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?


I1.1. If your state can establish under both, under what circumstances would the administrative process be used?


I1.2. Under what circumstances would a judicial process would be used?


I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.


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)?


I3. What criteria for rebutting your presumptive guidelines have been established in your state?


I4. Will your state establish support orders for prior periods?


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?


I4.3. Will your state allow a petition for support when the only issue is retroactive support?


I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.


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?


I6. What is your state's statutory authority for the administrative process?


I7. Is there a local state law that allows an interstate administrative subpoena?


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?


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?


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?


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?


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?


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?


I14. What methods of personal service does your state use? **


I15. Does your state send and receive pleadings and documents electronically in international cases?**


I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **


I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **


I17. Please provide the relevant statutory or case law citation.**


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?**


I18.1 If yes, indicate the appropriate responses. **


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?


J2. Is the lien process in your state judicial, administrative, or both?


J2.1. What are the trigger criteria for filing a lien?


J2.2. Where are your state liens filed?


J2.3. Does your state charge a fee for filing a lien?


J2.4. If yes, please indicate the amount.


J.3. Does your state enforce property seizure and sale?


J3.1. Are the property seizure and sale procedures judicial, administrative, or both?


J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?


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?


J4.2. Does your state's income withholding definition include amounts in financial institutions?


J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?


J4.3.1 If yes, who notifies the NCP, the state or 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?


J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?


J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?


J5.3.1. If yes, please provide the time frame.


J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?


J5.4.1. If yes, provide the percentage.


J5.4.2. Is the percentage different for joint accounts?


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.


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?


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?


J5.10. Is your state's complaint review process judicial, administrative, or both?


J5.11. What are your state's penalties for incorrect seizures?


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?


J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?


J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?


J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.


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?


J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?


J6. Does your state withhold state funds or benefits?


J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?


J7. Describe any other administrative enforcement procedures your state may have.


J8. Describe any other judicial enforcement procedures your state may have.


J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?


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.


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)?


J13.1. If yes, provide the statutory citation.


J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?


J15. To which credit bureaus does your state report an obligor's child support information?


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?


J20. What mandatory data elements does your state need to process AEI requests?


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?


J26. What is the procedure for obtaining a certified payment record?


J27. Is there a cost for requesting a certified copy of a court order or payment record?


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?


K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?


K2. Briefly describe your state's modification procedure.


K3. What are your criteria for modification (for example, $50 or 20% from present order)?


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.


K4.3. The needs of a party or the child(ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in childcare expenses.


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?


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.


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?


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?


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?


K10. What circumstances will cause your state to end child support before the normal duration? **


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.


L2. Does your state law require employers to report lump sum payments?


L2.1 If yes, give the statutory citation or rule.


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?


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?


L12.1 If so, specify the vendor.


L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?


L13.1 If so, are there fees involved?


L14. What are the fees associated with using the card?


L15. How does your state collect child support payments from an obligor? **


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? **


L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **


L18. Does your state process electronic payments in international cases?**


L18.1 If so, describe the process.**


L19. What is your state's International Bank Account Number (IBAN)?**


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


M1.1. Additional information on the CCPA.


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?


M2.1. If yes, provide the statutory citation


M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?


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?


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)?


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.


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?


M3.1. Provide the statutory citation.


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.


M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.


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?


M7.1. What is the process, the points of contact, and what forms?


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)



Arizona


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
22

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
A.R.S. 25-509
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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

B1. What is the statutory citation for your state's UIFSA?
A.R.S. 25-1201 to 25-1342
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Arizona requires one set of documents for intergovernmental case referrals. Arizona requires the petitioner's signature on the General Testimony.

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.)
None

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.
We enforce spousal support ONLY if there is an order for current support and the child is living with the spouse seeking support. There would be no difference in the way Arizona would treat an order from a foreign country.

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).)**
Yes, Arizona accepts an abstract or summary of the order on the Hague Abstract form.

D1. What is the age of majority in your state?
18

D2. What is the statutory citation for the age of majority?
A.R.S. 25-503(O), 25-320(F), 25-501
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
If child turns 18 while in high school or in a high school equivalency program, support will continue while the child attends high school or a certified high school equivalency program. Child support continues until the child graduates from high school, completes a certified high school equivalency program, or turns 19, whichever occurs first.

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
Current child support terminates as of the date of marriage of a minor child, the date the child is deceased, when the child is adopted, or upon enlistment in the miltary (the date of departure for active duty, not the date of enlistment).

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.
The court may order support past age of majority for a mentally or physically disabled child, but not for college.

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.
N/A

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes

D8.1 If not, how does this affect interstate referrals?
N/A

E1. What is your State's statute of limitations for collection of past-due support?
Effective September 21, 2006, the statute of limitations for collection of child support was eliminated. This means that after that date, it is no longer necessary to obtain a written court judgment to collect child support arrears that have not been reduced to a judgment. In cases with an Arizona support order where the youngest child had emancipated and three years had passed prior to September 21, 2006: if a final judgment on arrears was not obtained, then the arrears cannot be collected; if a final judgment on arrears was obtained, then those arrears can be collected. If a judgment was obtained for any time period within the duration of the current child support order and there is a balance still due, then those arrears can be collected.
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E2. What is your State's statute of limitations for paternity establishment?
Before child turns 18.
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E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.


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)?
Shared income.
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F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
10% simple interest per annum
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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.
Interest is charged prospectively from date of court order.

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
A support arrearage reduced to a final written money judgment accrues interest at the rate of ten per cent per annum and accrues interest only on the principal and not on interest. A past support judgment entered on or after September 26, 2008 does not accrue interest for any time period.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No

F5.1. If yes, under what circumstances?
N/A

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?
An annual collections fee of $25.00 will be charged to a never-TANF obligee, if the obligee receives more than $500 in support during the federal fiscal year (October 1st to September 30th). Effective October 1, 2019, the annual collections fee will increase to $35.00 if the obligee receives more than $550.00 in support during the federal fiscal year.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The State will recover genetic testing costs from the obligor upon the establishment of paternity.

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
We can recover genetic testing fees.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
A.R.S. 25-1221
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
AZ does not establish or modify spousal maintenance orders. However, when spousal maintenance is included in the same order as the child support obligation, the spousal maintenance provision is enforced.

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)
Information is only requested on income that is payable jointly to the party and their spouse.

F10.1. Optional comments regarding required information on spouse or partner.
N/A

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?
The $25.00 fee is charged to the never-TANF obligee who has received at least $500.00 in support payments during the federal fiscal year. The fee is retained from future collections once the $500.00 threshold is met. Effective October 1, the annual fee will increase to $35.00 after an obligee has collected at lease $550.00 in support payments during the federal fiscal year.

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, in some circumstances. If, after the threshold of $500.00 has been met and no further support payments are received and issued, or less than $525.00 in support payments are received and issued, a notice is sent to the obligee to pay the fee by a specified date.

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?
N/A

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.
N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?
No

F15.1. If yes, list the eligible assignments your state would discontinue.
N/A

F15.2. When will your state discontinue each type of assignment?
N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA

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?
Arizona's requirements are outlined under A.R.S. 46-444. The support order does not follow the child in Arizona. When another jurisdiction sends an order to be enforced where one person is the payee, but wants it enforced for the benefit of a different payee, please provide the authority for the transfer of rights to the other payee.
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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?
The requirements are the same as those for F17 except the caretaker must apply for IV-D services and any current child support payments received will be sent to the caretaker.
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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?
The requirements are the same as those for F17 except the caretaker must apply for IV-D services. Any current child support payments received will be sent to the caretaker.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The fee is retained from child support collections after the first $500 has been distributed to the obligee and is charged to each case if the obligee has more than one case.

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 fees.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G1. What specific source of income is not subject to withholding?
One-half of an obligor's disposable earnings is exempt. In the case of a prisoner, the mandatory deduction is 25% of the prisoner's gross wages until the prisoner's account exceeds a $50 balance.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G2.1. If yes, what are those limits?
One-half of disposable earnings for any pay period is exempt.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
The employer or other payor may withhold and retain for application to the employer's or other payor's cost of compliance one dollar per pay period or four dollars per month in addition to the current child support, payment on arrears, and clearinghouse fee.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
For an order of assignment, the first employer shall not deduct for 14 calendar days. Future employers may implement sooner than 14 days. An Income Withholding order is binding 14 days after receipt.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
The employer must remit within 2 business days after obligor is paid or payment to the obligor is due.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employers are liable for amounts not paid, attorney's fees and costs. They may be subject to contempt. (A.R.S. 25-504(H) and A.R.S. 25-505.01(M))

G7. What is the penalty to an employer for failure to remit payments withheld?
Employers are liable for amounts not paid to the Clerk of the Court or support payment clearinghouse pursuant to order of assignment, reasonable attorney's fees and costs and other expenses incurred in procuring compliance. They may be subject to contempt. (A.R.S. 25-504(H) and A.R.S. 25-505.01(M))
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
Unemployment Insurance (UI) benefits deduction is done through automation only via our statewide automated system. Please provide a Transmittal #1 to intercept any UI benefits that an NCP is receiving from Arizona.
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G8.2. What documents are required to intercept UI benefits?
A copy of every order and a payment record along with the Transmittal #1.

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.
N/A

G10. How does an obligor contest income withholding in your state?
The obligor may request an administrative review within 10 business days after the receipt of the Order/Notice to Withhold Income for Child Support.

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.
The child support is allocated between the obligor's cases and is based on the child support order amounts. Arizona requires an employer to complete the allocation amounts prior to sending the payments to the SDU. Arizona does not automatically allocate among all of the obligor's cases.

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.
The obligation for current child support shall be fully met before any payments under an order of assignment may be applied to payments of arrearages. If an obligor is obligated to pay child support for more than one family and the amount available for withholding is not sufficient to meet the total combined child support obligation, any amounts withheld from the obligor's income shall be allocated to each family by the employer or payor as follows: 1. The amount of current child support ordered in each case shall be added to obtain the total child support obligation. 2. The ordered amount in each case shall be divided by the total child support obligation to obtain a percentage of the total amount due. 3. The amount available from the obligor's income shall be multiplied by the percentage under paragraph two to obtain the amount to be allocated to each family. See A.R.S. 25-501.01(L) and 25-504(I)
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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?
No

G13. When does your state require the employer to send notice of an employee's termination?
At the time an employee is terminated.
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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?
90 Days

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
The support payment clearinghouse charges a monthly fee of $5.00 to cover the cost of handling support and spousal maintenance payments. The court shall order payment of the handling fee as part of the order for support or spousal maintenance. The handling fee shall not be deducted from the support or maintenance portion of the payment.

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes

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?
A direct income withholding order can be sent to the employer of an obligor.

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.
The employer can only withhold 50% of the obligor's disposable income for both child support and court-ordered medical support. If the medical insurance premiums are over 50% of the obligor's disposable income, then the employer would not be able to withhold for the medical insurance premium.
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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?
Arrears payments are applied first to the principal and then to the interest that accrued on the principal, then in the following order: 1) the oldest written judgment's principal and interest and then to each successive written judgment's principal and interest; 2) arrears not reduced to a written judgment and the corresponding interest.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
A.A.C. R6-7-601
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G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Also A.R.S. 25-812
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/21/1996

H4.1. Were acknowledgments prior to that effective date rebuttable?
No

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
The presumption may be rebutted by clear and convincing evidence, or with written consent of man married to child's mother.
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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.
Only after July 21, 1996.
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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?
7/21/1996

H8. Does your state have any other paternity-related presumptions?
No

H8.1. If yes, briefly explain.
N/A

H9. Does your state have a putative fathers' registry?
Yes

H9.1. If yes, what is the name of that entity?
Putative Father's Registry

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.
You may contact the Hospital Paternity Program for a copy of the Acknowledgment of Paternity at 602-771-8181 or by email at DCSSHPPDataVerifications@azdes.gov, or fax your request to 480-545-1009. For faxed requests, please ensure your agency logo is on the letterhead, and provide the child's full name, date of birth, and the child's parents' full names and dates of birth.

H11. Is common-law marriage recognized in your state?
No

H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A

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?
N/A

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?
Alternative appearance is allowable only at the discretion of the court or judicial officer.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
A.R.S. 25-1221
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H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
Genetic costs may be recovered upon the request of the initiating state.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Yes, either the Acknowledgment of Paternity (AOP) from the HPP or the Affidavit Acknowledging Paternity (AAP) from the DCSS is required.

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.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A

I1.2. Under what circumstances would a judicial process would be used?
When DCSS is unable to obtain a stipulated order.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A

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)?
Arizona uses a shared income model. The incomes of both parties are used in determining the child support obligation.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
In an action to establish child support, the amount resulting from the guidelines is the amount ordered. If application of the guidelines would be inappropriate in a particular case, the court shall deviate from the guidelines using the following criteria: the court has considered the best interests of the child in determining a deviation and a deviation reducing the amount of support paid is not contrary to the child's best interests; the court makes written findings that the guidelines are inappropriate and has considered the child's best interest; the court shows what the order would have been without the deviation; the court shows what the order is after deviating. The court may deviate from the guidelines if the parties agree and only if all of the following criteria are met: The agreement is written; the parties sign the agreement with knowledge of the amount of support that would have been ordered by the guidelines but for the agreement; all parties sign the agreement free of duress and coercion and the court complies with state law and case law.
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I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Past support may be awarded up to 3 years prior to the filing date of a court proceeding to establish paternity and/or a child support order. The past support amount is awarded at the discretion of the court.

I4.2. What information or documentation does your State require to proceed?
Verification of paternity, birth certificate, paternity order, or marriage and divorce dates of the parents as well as finanicial information. The General Testimony must be signed by the petitioner; however, it may be signed by a IV-D representative if the case is a IV-E foster care case.

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.
The court may award past support for up to 3 years. Arizona is unable to obtain orders reduced to judgment specifically for reimbursement of state arrears only. However, if your state's assigned arrears have been reduced to a judgment, Arizona will enforce any of those judgments for your state assigned arrears.

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?
Paternity and some enforcement actions are administrative. Currently, Arizona is a judicial state for establishment and modification of support. Arizona can issue administrative liens for real property and some types of personal property, such as a motor vehicle. Arizona also has an administrative process to suspend professional licenses.

I6. What is your state's statutory authority for the administrative process?
A.R.S. 25-812 and A.R.S. 25-1287
For Additional Information - exit disclaimer

I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
If the court order states that the current child support is reserved, then a Transmittal #1 should be sent requesting the establishment of a current child support order. If the court order states that the current child support obligation is $0.00, then a Transmittal #1 should be sent requesting a modification of the current child support obligation.

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, but the new custodian must provide evidence that he or she has physical custody of the child.

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? **
Forward documents needing to be served to a private contractor.

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? **
If applicable, childcare expenses, cost of medical insurance, and extraordinary expenses are factored into the amount calculated under the guidelines. They are not add-ons.

I17. Please provide the relevant statutory or case law citation.**
Arizona Child Support Guidelines.
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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. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case when possible, but not always.

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; A.R.S. 42-1122

J2. Is the lien process in your state judicial, administrative, or both?
Administrative for IV-D cases

J2.1. What are the trigger criteria for filing a lien?
Arrears balance that equals two month's worth of current child support.
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J2.2. Where are your state liens filed?
The County Recorder's Office in the county where property is owned. Each County Recorder has its own rules, standards and fees for recording liens.

J2.3. Does your state charge a fee for filing a lien?
No

J2.4. If yes, please indicate the amount.


J.3. Does your state enforce property seizure and sale?
No

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial

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?
A notice is sent to the noncustodial parent periodically that encompasses all remedies that may be used when support is not paid.

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No

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?
The financial institution.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The financial institution has 3 business days from the date of the notice to send the Notice of Levy to the obligor, or other person or entity known or believed to have an interest in the asset.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
A court ordered judgment or arrears equaling 12 months of the current child support.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
At least twelve (12) months of arrears or a judgment for past support.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes

J5.3.1. If yes, please provide the time frame.
12 months or if there is a judgment.

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.
N/A

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
N/A

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.
The financial institution must leave $250.00 in the account.

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
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?
15 days.
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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?
35 days from the date of the final determination of the administrative review.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
On the basis that they have contributed to the account.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
If the obligor is not satisfied with decision of the administrative review, he/she has 35 days to request a hearing with the Superior Court. There are no unique requirements. A non-debtor has the same appeal rights as an obligor.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and partially automated.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None

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.
N/A

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
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Immediately upon receipt of the Notice to Surrender.
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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?
Judicial.

J7. Describe any other administrative enforcement procedures your state may have.
Administrative liens and professional licenses.

J8. Describe any other judicial enforcement procedures your state may have.
Civil and criminal contempt, driver's and recreational license suspension.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Other states must comply with notice requirements of A.R.S. 25-516.
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J10. Which of your state's enforcement remedies are available without judicial actions?
Administrative income withholding order, administrative lien, asset seizure, IRS/state tax refund offset, lottery intercept, unemployment insurance deduction, worker's compensation intercept and administrative offset.

J11. Describe your state's procedures for registering and enforcing another state's order.
All certified orders related to the case (including termination, change of custody, or vacated orders), a sworn statement of arrears, and a complete certified calculation/payment history from the first order forward. If a complete payment history cannot be obtained, provide an Affidavit of Direct Payments from the custodial parent. The Letter of Transmittal Requesting Registration form must be complete, checked for either enforcement or modification, and the noncustodial parent's current address and complete SSN must be on the statement. If the address changes, we require an updated Registration form. The arrears balance and dates must match on the Transmittal, Letter of Transmittal Requesting Registration, and the financial information. NOTE: Please use only BLACK INK and no alterations to or white-out on the documents. Our Family Court Rule requires single-sided documents. If we receive double-sided documents and the court refuses to file them because of the rule, the requesting jurisdiction must provide single-sided documents. Once a support order or income withholding order is registered for enforcement, it will be subject to the same procedures as an order issued by a tribunal of Arizona.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
The following enforcement remedies require judicial procedures: civil contempt, judicial income withholding, judgment on arrears, and federal criminal contempt.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
From A.R.S. 12-1701 through A.R.S. 12-1708
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
There is not a minimum arrears balance required for reporting an obligor's child support information to a consumer reporting agency.

J15. To which credit bureaus does your state report an obligor's child support information?
Transunion, Equifax, Experian, and Innovis.

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
Levies and the following types of bank accounts: savings, checking, money markets, CD, IRAs, and brokerage accounts. Arizona does not levy trust accounts.

J19. What documentation does your state require to proceed with an AEI request?
Transmittal #3, certified copy of all orders, certified arrears with a payment record, and the bank account information to process the AEI request. Please note on the Transmittal that you want Arizona to close the case once the action is completed.

J20. What mandatory data elements does your state need to process AEI requests?
Transmittal #3, certified copy of all orders, certified arrears with a payment record, and the bank account information to process the AEI request. Please note on the Transmittal that you want Arizona to close the case once the action is completed.

J21. Which additional data elements would aid your state in processing AEI requests?
N/A

J22. How many copies/sets of documents does your state require with an AEI request?
One

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?
The criteria depends on the action requested. Please contact the DCSS prior to sending a request.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
Arizona requires a Transmittal #1, a copy of the support order and a payment record from the requesting state.

J25. What is the procedure for obtaining a certified copy of a court order?
Transmittal #3 to Central Registry.

J26. What is the procedure for obtaining a certified payment record?
Transmittal #3 to Central Registry.

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?
The DCSS provides the obligor with written notice of the intent to suspend the NCP's driver's license based upon the criteria of nonpayment. If the obligor fails to pay after the notice is sent, the obligor's case is forwarded to the Attorney General's Office for a court hearing for driver's license suspension. A judicial officer determines the license suspension is appropriate and notifies the Arizona Motor Vehicle Department for driver's license suspension. With regard to low income parents or hardship exemptions, the amount of cases referred by the DCSS for this action are limited to extreme cases of willful nonpayment.

J29. What triggers a driver's license revocation?
An obligor must owe at least six months of child support arrears and demonstrates willful nonpayment.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes

J29.2 If yes, what is the amount?
Arrears must equal to at least six month's child support arrears.

J30. Under what conditions may a noncustodial party restore the driver's license?
On petition or motion to the court.

J30.1 What is the process for restoring a driver's license?
The court holds a review hearing to determine the obligor's noncompliance. When the judicial officer finds the obligor in compliance, the court sends a certificate of compliance to the Arizona Motor Vehicle Department.

J31. Does your state allow temporary or conditional driver's licenses?
Yes

J31.1 If yes, what are the conditions?
The court may restrict or suspend the obligor's driver's license for nonpayment of child support. A restriction will allow the obligor to continue to drive to work, look for employment, and parenting time.

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
During the period of administrative review of the remedy, the obligor may request a payment agreement through lump sum or accelerated payment plans to avoid the revocation of a driver's license.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
The total arrears are greater than $150.00 for TANF cases, and $500.00 for non-TANF cases.

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A

J36.2 What is the dollar amount?
N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

J38.2 What is the dollar amount?
N/A

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No, only the state that has taken assignment may submit a case for passport denial.

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
They are given credit for these benefits if the custodial parent credits them with the benefits on an Affidavit of Direct Payments.

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years, or if less than three years with proof of substantial and continuous change, or every 3 years on TANF cases.
For Additional Information - exit disclaimer

K2. Briefly describe your state's modification procedure.
Arizona reviews for a modification upon request of either party on non-TANF cases, and automatically every three years on TANF cases. There must be substantial and continuing change of circumstances if a request for review is made in less than three years. This can be done by a hearing or by simplified guidelines procedures. Arizona modifies a support order when the oblgor is incarcerated, the obligor is receiving SSI, or the obligor's income is not compatible with the child support obligation.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
The application of the guidelines compared to the current child support order must result in an order that varies by 15% or more, up or down, from the existing child support order. A 15% change is not required when there is no existing medical support order.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

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.
No

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Other criteria include a determination of disability, there is a change in custody/parenting time, one or more children of the parties has emancipated, birth of additional children, medical changes or premium costs.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
N/A

K6. How does your state credit SSA disability to current and past-due support?
When the SSA disability received by the child for a given month is less than the obligor's current support obligation, the obligor must pay the difference unless the court modifies the order to equal the benefit received. If the SSA disability received by the child is greater than the obligor's current support obligation, Arizona only credits up to the current support amount.

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.
No

K7.1. If yes, explain the circumstances?
A.R.S. 46-444 was enacted to allow the DCSS to "redirect" support money to a caretaker. The intent of the statute is to allow the transfer of current support for those cases with: Arizona orders or court orders registered in Arizona, and All the children in the order are with the caretaker for whom the support will be transferred. The transfer of support was intended for current support only. If arrears are owed or if spousal maintenance is owed to the obligee, these amounts are not to be redirected to the caretaker.

K7.2. What is the statutory citation for your abatement law?
A.R.S. 46-444
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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.
TANF certifications should be requested from the county TANF offices.

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.
Costs will not be incurred if the Arizona DCSS Hospital Paternity Program (HPP) is contacted at 602-771-8000 or at DCSEHPPAT@azdes.gov. AZ HPP is able to review and issue a "Government Only" copy of any birth records upon request.

K8. What information does your state require to register an out-of-state order for enforcement/modification?
All certified orders related to the case (including terminated or vacated orders), a sworn statement of arrears, and a complete certified calculation/payment history from the first order forward. If a complete payment history cannot be obtained, please provide an Affidavit of Direct Payments from the custodial parent. The Registration Statement must be complete, marked for either enforcement or modification, and the noncustodial parent's address must be on the statement. If the address changes, we require an updated registration statement. The arrears balance must match on the transmittal, statement and the financial information. NOTE: Please use ONLY BLACK INK and provide only single-sided documents.

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?
Yes

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?
The arrears payment amount.

K10. What circumstances will cause your state to end child support before the normal duration? **
The child marries, is adopted by someone other than the obligor, when the child dies, the child support order states that child support ceases before normal duration, or the child enters into military service before the normal duration.

L1. Does your state define a lump sum payment?
Yes

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Lump sum payments include severance pay, sick pay, vacation pay, bonuses, insurance settlements, commissions, and stock options.

L1.2 Provide the statutory citation.
A.R.S. 25-505
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L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
Contact DCSS Customer Service at 602-252-4045 or toll free at 800-882-4151 to report a lump sum payment and request further information.

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Instructions are included in the Limited Income Withholding Order which is sent to the employer to withhold the lump sum. A cover letter explains that if the employer reports the lump sum as wages, and it is subject to taxation, the 50% rule applies.

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Arizona uses the Limited Income Withholding Order to attach non-wage lump sum payments.

L8. What other documents does your state use to attach lump sum payments?
N/A

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?
No

L9.1. If yes, what are those limits?
Up to 50% of the disposable lump sum.

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No

L9.3. If yes, what are those limits?
N/A

L9.4. If no, what percentage is the employer required to withhold?
Up to 100% of the disposable lump sum.

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes

L10.1 If yes, would the employer only withhold for that period's obligation?
Bank of America is the State servicing bank; however, payments may be passed through the Federal Reserve before they are deposited into the CP's account.

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
Bank of America

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
Bank of America

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes, Unemployment Insurance benefits

L13.1 If so, are there fees involved?
Yes

L14. What are the fees associated with using the card?
It depends on the need. The types of fees associated with using the card include: card replacement; card replacement express delivery; non Bank of America ATM fees; and international ATM fees. CPs are encouraged to review the documents in the card package for additional information regarding fees.

L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by preauthorized withdrawal from a financial institution account. Payment may be made by check or warrant. Payments may be made by electronic funds transfer.

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 may be by check. Payments may be by electronic funds transfer. Other: Some countries will accept the Electronic Pay Card (EPC) if we have an understanding with the closest consulate.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt. Payments under a certain amount are collected, banked, and combined into one payment sent at intervals agreed with the creditor. Specify the amount and currency using the ISO code.

L18. Does your state process electronic payments in international cases?**
Yes

L18.1 If so, describe the process.**
Some countries will accept the Electronic Pay Card (EPC) if we have an understanding with the nearest consulate.

L19. What is your state's International Bank Account Number (IBAN)?**
N/A, Arizona does not have an IBAN.

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
N/A

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Arizona contracts with the Child Support Lien Network (CSLN).

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)?
There must be an open IV-D case with an arrears balance greater than $500.00

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?
Yes, the arrears balance must be greater than $500.00

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)?
No

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.
No

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.

M3.1. Provide the statutory citation.
A.R.S. 25-505, also A.R.S. 25-516
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
When CSLN makes the match, they send the IWO and the administrative review notice to the NCP.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
A.R.S. 25-505
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, the obligor may request an administrative review.
For Additional Information - exit disclaimer

M6. Are there attorney fees associated with the insurance intercept activity?
No

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Another state may issue an IWO directly to the worker's compensation agency or they may send a Transmittal #3 to the Arizona Central Registry for an asset seizure as a limited services request.

M7.1. What is the process, the points of contact, and what forms?
See M7.

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)
Yes

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?
Yes

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)
Yes

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)
Yes


Arkansas


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
26

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
Ark. Code Ann. 9-14-210 (e)(2)
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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

B1. What is the statutory citation for your state's UIFSA?
Ark. Code Ann. 9-17-101 et. seq.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Three

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.)
Arkansas does not have an agreement with any country other than those listed as federal reciprocating countries.

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.
N/A

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.
Not applicable

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?**
No

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).)**


D1. What is the age of majority in your state?
18 unless the child is still attending high school. If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier.

D2. What is the statutory citation for the age of majority?
Ark. Code Anno. 9-14-237
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 unless the child is still attending high school. If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier.

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
N/A

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.
If the court order specifically extends the support for a child beyond age 18.

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?
Yes

D7.1. If yes, please describe the procedure.
The child support amount shall be automatically reduced for the remaining children in a support order when the support amount for one child ends. The support amount must be recalculated based on the most recent version of the Family Support Chart. Administrative Rule 10 requires that net income be applied to the chart when determining the amount. If the NCP's income amount is not listed in the current support order or cannot be determined based on a review of the order, the new support amount must be determined by the court. If the most recent order was entered prior to the adoption of the chart or if the court deviated from the chart when setting the amount of support, the new support amount will be decided by a court. (Ark. Code Ann. 9-14-237)

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes, if there is unpaid support owed to the custodial party and the amount to be recovered is based on a court order.

D8.1 If not, how does this affect interstate referrals?


E1. What is your State's statute of limitations for collection of past-due support?
Arrears reduced to a court judgment are always collectible. Arrears that are a judgment by operation of law are only collectible until the child turns 23. Ark. Code Ann. 9-14-105(e)and 9-14-236.
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E2. What is your State's statute of limitations for paternity establishment?
None
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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 are automatically renewed for 10 years everytime there is a payment. If there is no collection made in 10 years, renewal is accomplished by Judicial process. Ark. Code Ann. 16-65-501.
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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.
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F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
State law provides for 10% per annum. Interest should be reduced to a judgment by a court or a sum certain indicated by the other state.
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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.
N/A

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
10%
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No

F5.1. If yes, under what circumstances?
N/A

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?
APPLICATION FEE PER NCP -$25.00. The application fee shall be a flat fee that will be paid by the applicant at the time the application of assistance is submitted. The application fee is nonrefundable. The following fees are charged to a recipient of child support services in all nonpublic assistance cases. The current rate of deduction is the lesser of the actual costs assessed or 13% of the amount collected each month. MONTHLY BASE COST - 13% of a total month's collection not to exceed $18; includes overhead costs and activities other than legal services. The cost is only assessed if there was a payment received in the previous month. In addition to the monthly Base Cost, other costs that may be incurred: INITIATION OF COURT ACTION - $80.00. Assessed when a complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (child support, paternity, interstate, criminal nonsupport, and contempt). OUT-OF COURT SETTLEMENT - $100.00. Assessed when the initiated court action is resolved prior to court appearance in all cases. IN-COURT SETTLEMENT - $150.00. Assessed when the initiated court action is resolved at the court appearance without trial. TRIAL - $250.00. Assessed when the initiated court action is resolved by the court after hearing is held. ACTUAL COSTS will be assessed based on actual costs incurred by the agency for transcripts of trials or depositions, service of process fees, the cost of any paternity test, filing fees, all other court costs, and the federal offset program fees. FINANCIAL INSTITUTION LEVY FEE - $35. This fee will be charged for each levy which results in a monetary recovery from a participating financial institution or a levy against an insurance claim. INSURANCE CLAIM LEVY FEE - $35. This fee will be charged for each levy that results in a monetary recovery from an insurance claim.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
The Obligor is charged an administrative fee of $36 per year on the anniversary of the entry of the court order. Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the Office of Child Support Enforcement. (A.C.A 9-14-212)

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
N/A

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Ark. Code Ann. 9-17-201
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
Spousal support orders are enforced if it is part of a child support order.

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)
No

F10.1. Optional comments regarding required information on spouse or partner.
N/A

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?
The fee is paid from base cost fees already charged to the custodial parent or paid from state funds.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.

F11.2 Does your state collect the fee from the person applying for IV-D services?
The fee is paid from base cost fees already charged to the custodial parent or paid from state funds.

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?
Yes, for Medicaid cases ONLY.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009

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?
Yes

F15.1. If yes, list the eligible assignments your state would discontinue.
Pre-Assistance

F15.2. When will your state discontinue each type of assignment?
The assignment of pre-assistance arrearages in new assistance caases is eleminated as of 10/01/2009. Assignments executed on or after this date will be limited to the amount of support that accrued during the assistance period not to exceed the current amount of unreimbursed assistance.

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA Distribution rules will be followed.

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?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice tothe clerk of the court that child support payments should be redirected. AR OCSE cannot provide assistance to the physical custodian in this matter.
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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?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice to the clerk of the court that child support payments should be redirected. AR OCSE cannot provide assistance to the physical custodian in this matter.

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?
Under Arkansas law, ACA 9-14-234, the physical custodian is responsible for giving notice to the clerk of the court that child support payments should be redirected. Arkansas OCSE cannot provide assistance to the physical custodian in this matter.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
From fees already collected from the custodial parent. If fees have not been collected from the custodial parent, the state pays the $25 annual fee.

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).**
If the court orders the noncustodial parent to pay court costs and attorney fees, or for the cost of paternity testing, AR OCSE will take action to collect those costs and fees: INITIATION OF COURT ACTION - $80.00. Assessed when a complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing in all cases (child support, paternity, interstate, criminal nonsupport, and contempt). OUT-OF COURT SETTLEMENT - $100.00. Assessed when the initiated court action is resolved prior to court appearance in all cases. IN-COURT SETTLEMENT - $150.00. Assessed when the initiated court action is resolved at the court appearance without trial. TRIAL - $250.00. Assessed when the initiated court action is resolved by the court after hearing is held. ACTUAL COSTS will be assessed based on actual costs incurred by the agency for transcripts of trials or depositions, service of process fees, the cost of any paternity test, filing fees, all other court costs, and the federal offset program fees.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G1. What specific source of income is not subject to withholding?
SSI
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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?
N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.50 per withholding Ark. Code Ann. 9-14-227(a)
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
14 days after the date the notice was mailed.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Payments are to be made at same time the noncustodial parent is paid.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employers who refuse to withhold and transmit payments can be held liable by the court for the amount that should have been withheld.

G7. What is the penalty to an employer for failure to remit payments withheld?
None

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
Direct income withholding from UIB is not allowed under Arkansas law. States must submit an UIFSA packet and request income withholding from UIB.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A

G10. How does an obligor contest income withholding in your state?
The NCP's only grounds to contest the withholding is that the person who received the notice was not the person obligated to pay support, the arrears are incorrect, or the current support amount is incorrect. The NCP receives an Income Withholding Claim Form to complete and return within 10 days if he or she wants to contest withholding. The NCP must prove that the arrears are less than an amount equal to 30 days of support.

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.
A withholding order for child support issued in Arkansas has priority over all other withholding 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.
Ark. Code Ann. 9-14-228
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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?
Federal and state income taxes, withholding for FICA, Rail Road Retirement, Medicare, medical insurance paid for dependent children, and presently-paid support for other dependents by court order may be deducted to arrive at net pay amount.

G13. When does your state require the employer to send notice of an employee's termination?
Immediately Ark. Code Ann. 9-14-224(c)
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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?
At the employer's discretion.

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?
Yes. OCSE Web Pay was created as a virtual gateway to the AR OCSE. This system helps both parents and employers by providing instant access to child support records. OCSE Web Pay also offers a secure method to submit support payments using a credit card or electronic check. Go to www.childsupport.arkansas.gov.
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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?
Employer

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 is to be paid first.

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?
1. Family 2. Arrears owed to Arkansas 3. Arrears owed to other states

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A

G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
Generally no. The court may address those if properly presented by the custodial parent or the noncustodial parent.

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
04/10/1995

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
When parties to a marriage are competent to give testimony concerning the paternity of a child born of marriage.

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.
A paternity acknowledgment which results in a putative father's name being placed on the birth certificate is a legal establishment of paternity. However, upon a showing of fraud, duress, or material mistake of fact, the father may obtain a court order for genetic testing at any time during the period he is required to pay child support. If the genetic testing excludes paternity, the finding of paternity and any child support arrearage are vacated.

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?
N/A

H8. Does your state have any other paternity-related presumptions?
Yes

H8.1. If yes, briefly explain.
Arkansas Department of Health

H9. Does your state have a putative fathers' registry?
Yes

H9.1. If yes, what is the name of that entity?
Arkansas Department of Health
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No

H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A

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?
N/A

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?
When someone resides outside the state, acceptable methods of testimony are telephone, audiovisual means, or any other electronic means available.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
A state must request reimbursement on Transmittal #1.

H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
A state must request rembursement on Transmittal #1

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
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 packet/Separate paternity affidavits

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Arkansas is strictly a Judicial State.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A

I1.2. Under what circumstances would a judicial process would be used?
N/A

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A

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)?
Only NCP's income is considered.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Judges have discretion to deviate from the chart, but must list their reasons on the record or in the order.

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Only at the time paternity is established. The guidelines are used to determine the amount of support, back to birth of child or a period within the court's discretion.

I4.2. What information or documentation does your State require to proceed?
Need proof of income for the period in question.

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.
Establishment of child support for a prior period is within the sole discretion of the court.

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?
Acknowledgment of paternity, license suspension, federal and state tax offset, liens on assets in financial institutions, liens on insurance claims.

I6. What is your state's statutory authority for the administrative process?
Ark. Code Ann. 9-10-120
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I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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. If a court order exists, payments must be re-directed to the physical custodian. AR OCSE does not take this action on behalf of the parties.

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?
If the order is silent, an establishment; if the order states that child support is $0, a 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?
Yes

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?
Yes

I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. By mail addressed to the person to be served with return receipt required and delivery restricted to the addressee or the agent of the addressee.

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? **
No specific add-ons pursuant to current guidelines, but the courts could decide to add on.

I17. Please provide the relevant statutory or case law citation.**
Arkansas Administrative Order of Supreme Court Order No. 10 - Arkansas Child Support Guidelines
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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?**
No

I18.1 If yes, indicate the appropriate responses. **


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?
Judicial

J2.1. What are the trigger criteria for filing a lien?
Any arrearage balance by operation of law. For more information: Arkansas Code Annotated 9-14-231
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J2.2. Where are your state liens filed?
County

J2.3. Does your state charge a fee for filing a lien?
Yes

J2.4. If yes, please indicate the amount.
$35 filing fee

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?
When case becomes delinquent

J4.2. Does your state's income withholding definition include amounts in financial institutions?


J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Three months and/or $500 delinquent, no payments in last 60 days.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
Under AR Policy, the following criteria must be met for AR to seize assets: * The case must be an open full service case. * Arrears must be at least $500 or three months' obligation, whichever is greater. * No payment made within the last 45 days. *The noncustodial parent is not currently a TEA recipient. *The noncustodial parent is not in bankruptcy. * A Family Violence Indicator is not attached to the noncustodial parent.

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes

J5.3.1. If yes, please provide the time frame.
21 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.
N/A

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
N/A

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?
N/A

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?
10 days from the date of the notice for financial institution liens; 15 days for liens against insurance company assets.

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?
If the NCP disagrees with administrative hearing results, he/she has 30 days to file a petition in Chancery Court.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistake of fact.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Ten business days from date of notice. Request must be in writing based on mistake of fact. Non debtor has same appeal rights as obligor.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Not automated

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None

J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Judicial process; foreclosure.

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

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
20 days

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?
Worker's Compensation - Administrative

J7. Describe any other administrative enforcement procedures your state may have.
None

J8. Describe any other judicial enforcement procedures your state may have.
None

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
No specific procedures established. Generally, must comply with Article 4 UCC.
For Additional Information - exit disclaimer

J10. Which of your state's enforcement remedies are available without judicial actions?
Direct income withholding.

J11. Describe your state's procedures for registering and enforcing another state's order.
Foreign orders are registered pursuant to UIFSA.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
After registration, all available remedies are used to enforce a foreign support order.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
Ark. Code Ann. 16-66-601 et.seq.
For Additional Information - exit disclaimer

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears equal to $1000.

J15. To which credit bureaus does your state report an obligor's child support information?
TRW, Experian, TransUnion

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
MSFIDM

J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1, copy of the order, copy of the pay records.

J20. What mandatory data elements does your state need to process AEI requests?
Transmittal #1, copy of the order, copy of the pay records. N/A
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?
N/A

J22. How many copies/sets of documents does your state require with an AEI request?
One

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?
N/A

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
UIFSA packet required

J25. What is the procedure for obtaining a certified copy of a court order?
Contact the office that serves the county where the order is filed.

J26. What is the procedure for obtaining a certified payment record?
Contact the OCSE Clearinghouse.

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?
The noncustodial parent is delinquent on a court-ordered child support payment in an amount equal to three months' obligation or more, or the noncustodial parent is delinquent on payments toward an adjudicated arrearage in an amount equal to three months' obligation or more The noncustodial parent is the subject of an outstanding failure to appear, body attachment, or bench warrant related to a child support proceeding.

J29. What triggers a driver's license revocation?
Non-payment of a support obligation resulting in arrears equal to three months' obligation

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.

J29.2 If yes, what is the amount?
Arrears must be equal to three month's obligation or more

J30. Under what conditions may a noncustodial party restore the driver's license?
Payment of arrears or an installment agreement to pay arrears, all warrants have been dismissed

J30.1 What is the process for restoring a driver's license?
The process is worker initiated within the automated system. Alerts are sent to Program Support and are keyed to Driver Services within the same business day.

J31. Does your state allow temporary or conditional driver's licenses?
No

J31.1 If yes, what are the conditions?
Not applicable

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?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
$150 for TANF cases $500 for non-TANF cases

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A

J36.2 What is the dollar amount?
N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J38.2 What is the dollar amount?
$500

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?


K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years.

K2. Briefly describe your state's modification procedure.
Once every three years - upon request of one of the parties in non-TANF cases; automatically in TANF cases.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
State law for modification of child support orders is followed. Must show a substantial change of circumstances to warrant modification.

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.
Yes

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?
Change in gross income of 20% or $100 per month.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
N/A

K6. How does your state credit SSA disability to current and past-due support?
N/A

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?
NCP is responsible for notifying the clerk of court, the employer, and OCSE when abatement or reduction in support should occur and when full obligation should resume.

K7.2. What is the statutory citation for your abatement law?
ACA 9-14-106
For Additional Information - exit disclaimer

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.
Certified copies of court orders, pay records. Acknowledgement of paternity if applicable.

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.
Mail a request with a release from one of the parents or a court order to Vital Records H44, P.O. Box 8184, Little Rock, AR 72203-8184. Payment of $12 per acknowledgement, affidavit, or birth record must be included. The following information must be provided: Child's full name; DOB; place of birth; mother's full name, including maiden name.

K8. What information does your state require to register an out-of-state order for enforcement/modification?


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?
Yes. See ACA 9-14-235

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?
Same amount as current support plus the amount to be paid on arrears.

K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child marries. The child is adopted by someone other than the noncustodial parent. The child support order states that child support ceases prior to the normal duration.

L1. Does your state define a lump sum payment?
Yes

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Lump-sum payment means any form of income paid to an individual at other than regular or periodic intervals; or, payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation, the performance of a contract, a job performance standard or quota, the liquidation of unused sick or vacation pay or leave, the settlement of a claim, or an award for length of service. Net lump-sum payment means the entire lump-sum payment less any amount required by law to be withheld.

L1.2 Provide the statutory citation.
ACA 9-14-210.
For Additional Information - exit disclaimer

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
N/A

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
No

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A

L8. What other documents does your state use to attach lump sum payments?
N/A

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?
No

L9.1. If yes, what are those limits?
N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
N/A

L9.3. If yes, what are those limits?
The employer is to withhold 50% of the net lump-sum payment up to the amount of the arrears. The employer should contact OCSE to verify the amount of arrears at the time the lump-sum is to be paid.

L9.4. If no, what percentage is the employer required to withhold?
N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes

L10.1 If yes, would the employer only withhold for that period's obligation?
No vendor.

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
No vendor. Debit card program is an in-house program through Bank of America.

L12. Does your state have a debit card program?
No

L12.1 If so, specify the vendor.
Not applicable

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Not applicable

L13.1 If so, are there fees involved?


L14. What are the fees associated with using the card?


L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by check. Payments may be made by credit card. Payments may be made by electronic funds transfer.

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 may be 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?**
Yes

L18.1 If so, describe the process.**
Outgoing, we send disbursements to accounts with a U.S. bank.

L19. What is your state's International Bank Account Number (IBAN)?**
N/A

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


M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?


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?
Yes.

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

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?
No.

M3.1. Provide the statutory citation.
N/A

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.
ACA 9-14-208
For Additional Information - exit disclaimer

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
We allow 15 days for the NCP to request an administrative hearing. If no hearing is requested we will notify the insurance company to send the amount of the arrears or the amount of the NCPs share of the claim, whichever is less.

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?
Send a lien, Notice to Withhold, court order or divorce decree to Worker's Comp Commission P. O. Box 950; 324 Spring St. Little Rock, AR 72203-0950 The commission will accept these documents directly from a state child support agency or from the custodial parent or his/her attorney.

M7.1. What is the process, the points of contact, and what forms?


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)
Yes

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?
Yes

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)
Yes

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)
Yes


California


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are 49 local and regional child support agencies.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No

A2.1. If yes, what is the statutory citation?
N/A

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

B1. What is the statutory citation for your state's UIFSA?
Family Code section 5700.101 et. seq.
For Additional Information - exit disclaimer

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and one copy of the required documents based on the action being requested.

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.)
Bermuda, Canadian Province of Quebec, Fiji, Mexico, New Zealand and the Republic of South Africa.

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.
N/A

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.
The Yurok Tribe has a federally approved IV-D program, and interstate requests should be sent directly to the Yurok Child Support Services, PO Box 45, Eureka, CA 95502.

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).)**
Yes, California will accept an abstract or summary completed by an official of the foreign competent authority in lieu of the complete text.

D1. What is the age of majority in your state?
18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.

D2. What is the statutory citation for the age of majority?
Family Code section 3901.
For Additional Information - exit disclaimer

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years except an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first. The full-time high school requirement may be excused if the child has a medical condition documented by a physician that prevents full-time school attendance.

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
N/A

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.
Notwithstanding D1, statute extends the parents' duty to support an incapacitated child when the child, regardless of age, is incapacitated from earning a living and is without sufficient means. In these situations, the court is allowed to order support beyond the child's majority. (Family Code section 3910)

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?
Yes

D7.1. If yes, please describe the procedure.
In the case of an allocated order the child support is granted on a per child basis. When the child emancipates, the amount of current support charged is automatically reduced by the amount originally allocated to that emancipating child. However, if the case has an unallocated order, the current support amount is not affected by the emancipation of a child in the case of multiple children for unallocated orders.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes

D8.1 If not, how does this affect interstate referrals?
N/A

E1. What is your State's statute of limitations for collection of past-due support?
There is no statute of limitations in California. Child support is enforceable until paid in full. (Family Code sections 291(a), 4502 and 4503)
For Additional Information - exit disclaimer

E2. What is your State's statute of limitations for paternity establishment?
Paternity can be established at any time. IV-D will do this until the age of majority for any child who is not incapacitated.
For Additional Information - exit disclaimer

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.
Renewal is possible but not necessary because support orders are enforceable until paid in full. (Family Code sections 291 and 4502)
For Additional Information - exit disclaimer

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)?
Shared Income Model. The formula uses the percentage of both parents' net disposable incomes, adjusted according to the percentage of time each parent has primary physical responsibility for the child(ren). (Family Code section 4050 et seq.)
For Additional Information - exit disclaimer

F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is charged at the statutory rate of 10% per annum. Interest accrues beginning the first day of the month following either the date the installment is due (if payable in installments), or from the date of entry of judgment. (Code of Civil Procedure sections 685.010, 685.020, and 685.030, Family Code section 17433.5).
For Additional Information - exit disclaimer

F3. Does your state charge interest on retroactive support?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is charged at the statutory rate of 10% per annum. Interest accrues beginning the first day of the month following either the date the installment is due (if payable in installments), or from the date of entry of judgment. (Code of Civil Procedure sections 685.010, 685.020, and 685.030, Family Code section 17433.5).

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Interest is charged at the statutory rate of 10% per annum. Interest accrues beginning the first day of the month following either the date the installment is due (if payable in installments), or from the date of entry of judgment. (Code of Civil Procedure sections 685.010, 685.020, and 685.030, Family Code section 17433.5)
For Additional Information - exit disclaimer

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
California will enforce a medical support debt for any percentage that has been reduced to a dollar amount in a judgment. (Family Code sections 4061-4063)

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No

F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
California will recover any fees from the obligor that are included in the current enforceable order.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Code of Civil Procedure section 410.10 and Family Code section 5700.201-5700.211.
For Additional Information - exit disclaimer

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
The California IV-D agency will not establish or modify spousal support only orders. Spousal support orders will be enforced if the IV-D agency is enforcing the current child support amount and the child(ren) are living with the spousal support obligee. (California Code of Regulations, Title 22, Division 13, section 112100(b)(2)(A); Family Code section 17400(h))

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)
No

F10.1. Optional comments regarding required information on spouse or partner.
No income information included, except in extraordinary cases where excluding the income would lead to extreme hardship to the child subject to the child support, in which case the court would also consider if including the income would lead to hardship to any child supported by the obligor/obligee or their spouse or partner. (Family Code section 4057.5)

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?
From January 2008 through Federal Fiscal Year ending September 30, 2010, California paid the fees on behalf of families. Beginning October 1, 2010, when the fee is imposed it is retained from subsequent collections due to the custodial party until paid in full. (Family Code section 17208)

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. California has chosen to retain the fee from subsequent collections due to the custodial party who is receiving services until paid in full.

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?
The state pays the federally mandated fee on behalf of state only aided custodial parties. Beginning federal fiscal year 2010-2011, for all other assessed cases, the state pays the mandated fee to the federal government and attempts to recover the fee from the custodial parties' subsequent disbursements.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
California has implemented the required DRA limited-assignment provisions effective October 1, 2009.

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes, pursuant to Family Code section 17504, California will continue to only pass through and disregard $50 per month of current support collections.

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?
No

F15.1. If yes, list the eligible assignments your state would discontinue.
N/A

F15.2. When will your state discontinue each type of assignment?
N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
California will continue PRWORA distribution rules in accordance with FDRA provisions.

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?
A payment received for the current month's support may be redirected if the child is receiving TANF and rights have been assigned.

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?
A payment received for the current month's support may be redirected if the child is receiving Medicaid and rights have been assigned.

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?
The custodial party must provide a written agreement authorizing the Department of Child Support Services to forward payments received from the non-custodial parent to the non-parent, third party caregiver. The custodial party must sign the agreement and have the signature notarized or verify his/her identity and sign the agreement in the presence of a local child support agency representative.

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Beginning October 1, 2010, when the fee is imposed it is retained from subsequent collections due to the custodial party until paid in full.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).**
N/A

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes.

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

G1. What specific source of income is not subject to withholding?
Needs based income sources, such as CalWORKS, Social Security public benefits (General Assistance, TANF) and Supplemental Security Income/State Supplemental Plan (SSI/SSP) are not subject to wage withholding. (Family Code section 17516, Welfare & Institutions Code 10051); US Dept. of Veterans Affairs disability benefits, except as remuneration for employment defined in 42 USC, sections 659(a) and (h).
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes

G2.1. If yes, what are those limits?
Except as provided by the court, the maximum withholding is 50% of the net disposable earnings. (Code of Civil Procedure section 706.052; Family Code section 5246(d)(2); 22 California Code of Regulations section 116100(a)(3)).

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$1.50 per withholding. (Family Code section 5235(d), Code of Civil Procedure section 706.034)
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Unless the order states a later date, beginning as soon as possible after service on the employer but not later than 10 days after service of the order on the employer. (Family Code section 5233; Code of Civil Procedure section 706.022)

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 business days of the date the noncustodial parent is paid. (45 Code of Federal Regulations 303.100 (e)(1)(ii); Family Code section 5235(c))

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Local child support agencies may pursue contempt charges and/or obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The obligee may seek a civil penalty of $500 from the employer for each occurrence. (Family Code section 5241, Code of Civil Procedures sections 706.030(b)(4) and 1218)

G7. What is the penalty to an employer for failure to remit payments withheld?
Employers are subject to contempt charges and are liable for the amount of support not remitted including interest. Local child support agencies may obtain a court order requiring payment of support by electronic funds transfer from the employer's bank account. The court may impose a fee of up to 50% of the support amount that has not been received by the obligee. The employer shall be subject to a civil penalty of $500 for each occurrence. (Family Code section 5241, Code of Civil Procedure sections 706.030(b)(4) and 1218) An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state. (Family Code section 5230.1)
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
Direct withholding of UI benefits is not permitted. The initiating state must send a referral to California's Central Registry for creation of a two-state case.

G8.2. What documents are required to intercept UI benefits?
To intercept Unemployment Insurance (UI) benefits from CA that are being paid to an NCP in another state which has no case with California, the request must be submitted to CA's Central Registry on a Transmittal #1 with the Child Support Confidential Information Form, with a copy of the court order and an arrears declaration included.

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.
Income withholding may only be used to garnish temporary disability benefits paid by the obligor's insurer. (California Family Code sections 5206(d) and 5246(d)(3); California Code of Civil Procedure sections 704.160(b) and (c)). A lien must be filed with the Workers' Compensation Appeals Board (WCAB) to attach a permanent disability award lump sum payment (Labor Code section 4903; 8 California Code of Regulations sections 10205.10 and 10770). Also, see M4, M7 and M7.1.

G10. How does an obligor contest income withholding in your state?
Within 10 days after the delivery of the copy of the assignment order to the obligor by the employer, a motion to quash must be filed with the court issuing the order to request a hearing. (Family Code section 5270 and 5271)

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.
When there are multiple assignment orders for the same employee, the employer is instructed to prorate the withheld payments as follows: If the NCP has more than one assignment for support, the employer totals the amounts due for all assignments. If 50% of the NCP's net disposable earnings cannot satisfy all of the assignments, the employer prorates first among all the current assignments, in the same proportion that each assignment is to the total current support owed. Any remainder is applied to the assignments for arrears, in the same proportion that each assignment is to the total arrears owed. (Family Code section 5238 (b))

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.
N/A

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. Net "disposable earnings" means income that is subject to withholding left after making mandatory deductions for taxes including State, federal, local, Social Security, Medicare taxes and union dues, along with deductions for disability insurance and payments to public employees' retirement systems, provided that the deductions are required as a condition of employment. (Family Code Section 4059, 22 California Code of Regulations section 110280)

G13. When does your state require the employer to send notice of an employee's termination?
The employer must send notice of the termination no later than the due date of the next wage assignment. (Family Code section 5282)
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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?
Generally, the employer must retain the IWO until such time that the employer has been notified that the IWO has been terminated. (Family Code section 5231) By operation of law a withholding order for support shall automatically terminate one year after the employment of the employee by the employer terminates. (California Code of Civil Procedure section 706.030(c)(1))

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?
Yes. Electronic payments can be made through the California State Disbursement Unit (SDU) website. This Conduent hosted SDU website allows employers, non-custodial parents (NCP) and custodial parties to obtain information and make electronic recurring and non-recurring payments. An NCP can pay from his/her savings account, checking account, and by any Visa or MasterCard branded credit or debit card. An employer can make wage assignment payments from their savings account, checking account, and by any Visa or MasterCard branded credit or debit card. Custodial parties can enroll and cancel participation in California's Department of Child Support electronic disbursement programs. This website provides information that explains all collection, payment, and disbursement options.
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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?
Any IV-D agency, whether in state or out of state, may send a direct income withholding to any of the following: Employer, Insurance Company or any person or entity paying earnings as defined under Family Code sections 5206, 5210 and 17522; California Code of Civil Procedure sections 704.130, 706.011, 706.030 and 706.052; Government Code section 811.2. With respect to financial institutions, an income withholding order would be appropriate if the institution issues deferred compensation payments, such as annuity, retirement, or pension. An income withholding is not sent to the Workers' Compensation Appeals Board. (Family Code sections 5210, 5230, 5230.1, California Code of Civil Procedure section 704.160(b) and (c); Labor Code section 4903). Also see M7 and M7.1.
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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.
Priority shall be given as follows: 1) Current child, family and/or spousal support; 2) Health insurance premiums or Medical Support; 3) Amounts ordered for payments on arrears and 4) any remaining court ordered amounts. Exception: For non Title IV-A cases, the custodial party may elect to have health insurance premiums deducted before current support. (California Code of Regulations, Title 22, Division 13, section 116116 (b)(2))
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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?
If California is the initiating jurisdiction, payments received from a responding agency must be allocated only to the associated intergovernmental case, even if the NCP has other cases. If California is the responding jurisdiction, and there are arrears owed to multiple states, current support collections must be distributed first to the state(s) with a current support obligation. Arrears collections are applied first to California's arrears. Any remaining arrears collections are allocated based on each state's proportionate share of the total arrears balance.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A.

G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
California law requires a paternity index of 100 or greater and does not specify a percentage to create a rebuttable presumption of paternity. (Family Code section 7555)
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
The voluntary declaration of paternity may be rescinded within 60 days after it was signed. It can be set aside up to two years after it was signed due to fraud, duress, or material mistake of fact. The set aside must be done in court. (Family Code section 7575)
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Declarations of paternity signed between 1/1/95 and 12/31/96 created a conclusive presumption which was rebuttable by any person requesting blood or genetic tests within three years of the date of execution of the declaration by the attesting father, or by the attesting mother, whichever signature is later. (Family Code section 7576)
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
Marriage constitutes a rebuttable presumption of paternity up to two years from the date of the birth of the child. After those two years, marriage constitutes a conclusive presumption of paternity. A husband may move for blood tests within two years of the child's birth. (Family Code section 7541)
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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.
In cases where the marital presumption prevails, a man is presumed to be the father of a child and a birth certificate is conclusive determination of paternity (See H8.1). After January 1, 1980, if the parents are not married to each other, the father's name shall not be listed on the birth certificate unless the father and the mother sign a voluntary declaration of paternity. Therefore, the voluntary declaration of paternity carries the evidentiary weight when the parents are unmarried (Health & Safety Code section 102425(a)(4), Family Code section 7571).
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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?
N/A

H8. Does your state have any other paternity-related presumptions?
Yes

H8.1. If yes, briefly explain.
The marital presumption applies if: (1) The presumed parent and the child's natural mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; (2) Before the child's birth, the presumed parent and the natural mother attempt to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; (3) After the child's birth the presumed parent and the natural mother marry or attempt to marry, and he or she consent to listing his or her name on the birth certificate; (4) The presumed parent is obligated by a written voluntary agreement or court order to support the child; or (5) The presumed parent receives the child into his or her home and openly holds out the child as his or her natural child (Family Code section 7611).

H9. Does your state have a putative fathers' registry?
No

H9.1. If yes, what is the name of that entity?
N/A

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.
The official paternity documents and data are maintained by the California Department of Child Support Services (not the Vital Statistics Agency) through a vendor. There is no charge for a search or to obtain a certified copy of a Paternity Declaration. The state Office of Vital Records and local registrars do charge various fees for the documents they maintain. (Family Code sections 7570 - 7577)

H11. Is common-law marriage recognized in your state?
No

H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A

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?
N/A

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?
Written depositions and interrogatories are accepted. Generally, teleconferencing and videotaping are not accepted in absence of stipulation or court approval. The court may designate the judge of the initiating court as a person before whom a deposition may be taken.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Code of Civil Procedure section 410.10 and Family Code sections 5700.201-5700.211.
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H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
If the fee is court ordered, we will collect the costs of genetic testing.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Unwed parents may establish paternity by signing a voluntary declaration of paternity at the hospital after the baby is born to ensure the father is listed on the birth certificate. If the parents do not sign it at the hospital, they can sign it later, but it may result in a longer, complicated process to amend the birth record.

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 with the paternity affidavit for each child should be included in the packet.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A

I1.2. Under what circumstances would a judicial process would be used?
N/A

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A

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)?
Net monthly disposable income of each parent is considered. (Family Code section 4050 et seq.)
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Support guidelines may be rebutted by admissible evidence showing that application of the formula would be unjust or inappropriate in the particular case. Examples of this include an instance when support is not assigned and parties stipulate to a different amount; deferred sale of a home and rental value exceeds mortgage payments, homeowner's insurance, and taxes; parent ordered to pay support has extraordinarily high income; parent is not contributing to child's needs commensurate with that parent's custodial time; application of formula would be unjust or inappropriate due to extraordinary circumstances. (Family Code section 4057)
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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)?
N/A

I4.2. What information or documentation does your State require to proceed?
N/A

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.
N/A

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?
California uses the judicial process except in certain circumstances when a local child support agency (LCSA) may administratively adjust child support balances if an obligor becomes incarcerated and qualifies for relief under Family Code Section 4007.5.
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I6. What is your state's statutory authority for the administrative process?
Family Code Section 4007.5.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. California Government Code section 7480 (l)-(m).
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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

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?
When public assistance is not being expended, a custodial party who is not the biological parent of the child must have legal custody to receive IV-D services. If aid is being expended, legal custody is not required.

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?
If aid is not being expended, then the custodial party needs to have legal custody of the child to receive IV-D services.

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?
The other jurisdiction should request 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, the other parent is not required to obtain legal custody before the order is modified or established.

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, the other parent is not required to obtain legal custody.

I14. What methods of personal service does your state use? **
Personal service is conducted by the sheriff, other public officials, or private contractors. The type of service is dependent on location of the party being served.

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? **
Child care expenses, extra-curricular activities, cash medical support, and/or extraordinary expenses: The court may take costs related to the educational, other special needs of the children and travel expenses for visitation.

I17. Please provide the relevant statutory or case law citation.**
Family Code Section 4062
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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. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case.

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. (Code of Civil Procedure sections 708.730, 708.780 and 708.795)

J2. Is the lien process in your state judicial, administrative, or both?
Both. Judicial: Money judgment or order needed first. Administrative: Liens perfected by filing with the appropriate agency.

J2.1. What are the trigger criteria for filing a lien?
Real Property (California Code of Regulations, Title 22, Division 13, section 116130): Title IV-D child support money judgment or order is received by a local child support agency; a case is opened for enforcement of an existing order or judgment; or an existing order is registered for enforcement. Personal Property (Family Code section 17523): Title IV-D child support money judgment or order is being enforced by a local child support agency and the obligor is delinquent in child support payments.
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J2.2. Where are your state liens filed?
Real Property - County Recorder's Office (Code of Civil Procedure section 697.310) Personal Property - Secretary of State (Code of Civil Procedure section 697.570)

J2.3. Does your state charge a fee for filing a lien?
Yes

J2.4. If yes, please indicate the amount.
Amount varies. Both the County Recorder's Office and the Secretary of State charge a filing fee.

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 (Family Code section 17453); however, judicial procedure regarding obligor claim of exemption for hardship (Family Code section 17453(j)(3); Code of Civil Procedure sections 703.510 - 703.530).

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?
A Child Support Warning Notice is sent to the obligor upon becoming more than $5 overdue on support and then at least once every 12 months thereafter.

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
The obligor is eligible when the court-ordered amount is equal to 60 days of support and the aggregate amount exceeds $100 (Family Code section 17500(c)). An obligor is considered ineligible if disabled, meets the federal Supplemental Security Income resource test, and is receiving Supplemental Security Income/State Supplementary Payments (SSI/SSP), or, but for excess income as described in Section 416.1100 and following of Part 416 of Title 20 of the Code of Federal Regulations, would be eligible to receive SSI/SSP, and the obligor has supplied the local child support agency with proof of his or her eligibility for, and, if applicable, receipt of, SSI/SSP or Social Security Disability Insurance benefits, then the child support delinquency shall not be referred for collection, and, if referred, shall be withdrawn, rescinded, or otherwise recalled the action (Family Code section 17450(c)(2)).

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
An amount equal to 60 days of the court-ordered support payment, of which the aggregate amount exceeds $100 makes an obligor eligible for financial asset seizure (Family Code section 17500(c)).
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes, more than 60 days providing that the aggregate amount is more than $100. (Family Code section 17500(c)) In addition, the obligor with an arrears balance of $3,500 or more may qualify for an exemption of $3,500 under the following criteria: 1) The court has ordered the obligor to make scheduled payments on a child support arrearage and the obligor is in compliance with that order; 2) An Income Withholding Order that includes an amount of past-due support has been served on the obligor's employer and earnings are being withheld per the Income Withholding Order; or 3) At least 50% of the obligor's earnings are being withheld for support. (Family Code section 17453(j)(1)(A)(B)(C) and 17453(j)(2)).

J5.3.1. If yes, please provide the time frame.
More than 60 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.
N/A

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
N/A

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?
N/A

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?
The obligor has 10 business days from the date the notice is served on the financial institution to challenge the action with the child support office or file a claim of exemption through the court pursuant to Family Code section 17454(d) (if eligible for Exempt Order to Withhold); or if not eligible under Family Code section 17453, then pursuant to Code of Civil Procedure sections 703.510-703.520. Non-obligor account holders have the same timeframe to challenge the action with the child support office. See J5.10.
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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?
N/A

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
A compliant obligor who is eligible for the statutory $3500 exemption may make an additional claim of exemption based solely on financial hardship for the obligor and the obligor's dependents (Family Code section 17453(j)(3)). The superior court in the county in which the local child support agency is enforcing the support obligation shall have jurisdiction to determine the amount of exemption that will be allowed, if any. (Family Code section 17453 (j)(7)). A non-compliant obligor not entitled to an Exempt Order to Withhold has the right to file a claim of exemption for financial hardship in local California court pursuant to Code of Civil Procedure sections 703.510 - 703.520. Other account holders can attempt to challenge/contest on the basis of mistake or hardship.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Judicial: If an obligor is issued an Exempt Order to Withhold, they have the right to file a claim of exemption in a local California court (Family Code section 17453 (j). If an obligor is issued a non-exempt Order to Withhold, they have the right to file a claim of exemption in a local California court under Code of Civil Procedure section 703.520. Administrative: If the obligor disagrees with the levy, and the 10-day time frame for filing a Claim of Exemption has passed and the funds have been sent to the Department of Child Support Services to be disbursed to the custodial party, the complaint may then be heard through the administrative Complaint Resolution and State Hearing process (Family Code section 17800 et seq.; 22 CCR sections 120101, 120201)

J5.11. What are your state's penalties for incorrect seizures?
The financial institution incurs no obligation or liability from compliance with an Order to Withhold unless amounts are refunded to the financial institution.(Family Code sections 17453(f)and 17456)

J5.12. Is the second challenge administrative, judicial, or both?
N/A

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
10 days from receipt of notice. No unique requirements. The non-debtor may have to provide copies of bank statements, deposits, identification and related information.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Both centralized and automated

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)?
Yes

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
The financial institution, person or securities intermediary in possession or control of the financial asset shall liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold. If the value of the financial assets exceeds the total amount of support due, the obligor may, within 10 days after the service of the levy or notice to withhold, instruct the person, financial institution, or securities intermediary which financial assets are to be sold to satisfy the obligation for delinquent support. Within 5 days of liquidation the financial institution, person or securities intermediary shall transfer to the local child support agency, the Franchise Tax Board, or the state Department of Child Support Services, as applicable, the proceeds of the liquidation, less any reasonable commissions or fees, or both, which are charged in the normal course of business (Family Code section 17522.5)
For Additional Information - exit disclaimer

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, the financial institution must not transmit any funds to the department earlier than 10 business days after obligor's receipt of a notice to withhold (Family Code section 17454 (d)). Also, the local child support agency shall notify the state Department of Child Support Services (DCSS) within 2 business days of the receipt of a claim of exemption from an obligor. DCSS then directs the financial institution to hold any funds subject to the order pending notification by the state DCSS to remit or release the amounts held. (Family Code section 17453 (j)(6)).
For Additional Information - exit disclaimer

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
The institution must transmit all available funds, up to the full amount, to DCSS no earlier than 10 business days after receipt of the Order to Withhold or Exempt Order to Withhold. (Family Code section 17454(d))
For Additional Information - exit disclaimer

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; this includes contract for services earning offset (Family Code sections 5206, 17400, 17450; lottery/other money owed by the State intercept (Code of Civil Procedure sections 708.730 and 708.795 and Government Code section 12419.5); State disability insurance compensation benefit (DIB) intercept (Code of Civil Procedure section 704.130 and Family Code section 17518); Unemployment insurance compensation benefit (UIB) intercept (Family Code section 17518); Workers' Compensation temporary disability benefits. (Code of Civil Procedure section 704.160 and Family Code sections 5206 and 5246)

J7. Describe any other administrative enforcement procedures your state may have.
Other administrative enforcement procedures include application to OCSE for Federal Offset Program (FOP): IRS Tax Refund Offset, Administrative Offset, Passport Denial Program, Multi-State Financial Institution Data Match (MS-FIDM), Federal Insurance Match, Federal "Thrift Savings Plan (TSP)"; California State Licensing Non-Renewal, Suspension and Revocation regarding California driver, professional, recreational, and other license/credentials; California Public Employees' Retirement System (CalPERS) match. (Family Code section 17520).

J8. Describe any other judicial enforcement procedures your state may have.
Civil or criminal contempt proceedings, Creditor's Claim, Earnings Assignment Order for Support, Notice of Lien, Order of Examination, Qualified Domestic Relations Order, Probate Lien, (Probate) Request for Special Notice, Security Deposit of Money or Assets, Seek Work Orders, Voiding Fraudulent Transfers and Writs of Execution.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
None (OCSE Notice of Lien form OMB 0970-0153 is used for interstate cases).

J10. Which of your state's enforcement remedies are available without judicial actions?
The Income Withholding Order for support issued in another state may be sent to the person or entity defined as the obligor's employer, without first filing a petition or comparable pleading or registering the order with a court in California (Family Code sections 5700.501 and 5210).

J11. Describe your state's procedures for registering and enforcing another state's order.
Registrations are completed upon filing of the order with the registering court. A support or income withholding order of another state may be registered in California by providing the required documents and information to the appropriate California court. (Family Code section 5700.602)

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
Code of Civil Procedure section 1710.10 et seq. (Sister State Judgments) and Code of Civil Procedure section 1713 et seq. (Uniform Foreign Country Money Judgments Recognition Act).
For Additional Information - exit disclaimer

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
All court ordered child support cases must be submitted for credit reporting, whether the obligor is current or past-due on their court-ordered obligation. (Family Code section 4701(d)(1)) The obligor will be sent a notification 30 days prior to being reported to the credit reporting agency to be given an opportunity to contest or to pay the arrearage, if any. (Family Code section 4701(d)(2)) An obligor may submit a dispute regarding the obligor's credit report information directly to the business address of any California local child support agency.

J15. To which credit bureaus does your state report an obligor's child support information?
Equifax, Experian, Innovis and Trans Union.

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
Financial institution levies utilizing Financial Institution Data Match (FIDM) and Multi-State Financial Institution Data Match (MS-FIDM).

J19. What documentation does your state require to proceed with an AEI request?
A fully completed Transmittal #3, Child Support Confidential Information Form, a copy of court order, arrears balance with a payment history and bank account information are required to process the request. Please note on the Transmittal that you want California to close the case once the action is completed.

J20. What mandatory data elements does your state need to process AEI requests?
1. Petitioner first and last name, SSN, tribal affiliation/country (if applicable); 2. Respondent first and last name, SSN, address, tribal affiliation/country (if applicable); 3. Requesting state case type; 4. Requesting state FIPS code; 5. Requesting state IV-D case number; 6. Requesting state tribunal case number (court case number); 7. Responding state agency name and address; 8. Requesting state contact information; 9. Requesting state payment address; 10. Children's legal names; 11. Provide financial institution name; 12. Arrears balance and a payment history. Note: Payment history of one year is requested, primarily including the most recent three months.
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?
In addition to providing financial institution name, please provide the account holder's name and account type to aid in processing the AEI request.

J22. How many copies/sets of documents does your state require with an AEI request?
One. Documents may be sent/received via Electronic Document Exchange (EDE).

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?
When responding to an AEI request our Intergovernmental Services Section requires information needed to complete the Transmittal #3 form. Other factors considered include, where there exists, an asset balance, no other case management or legal status, no recent levy issued within the past 90 days, and that due process has been given to the obligor, i.e. annual notice. Compliant cases are provided a $3,500 levy exemption amount. There is a minimum threshold of $100.00.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
The other state must submit a Transmittal #3 to the California Central Registry to include all relevant information; including the obligor's name, the name and address of the financial institution, and the requesting state's address where the payment will be sent.

J25. What is the procedure for obtaining a certified copy of a court order?
The other state must submit a Transmittal #3, Confidential Information Form and include the California Court Case Number to obtain a copy of a court order. The request is sent to the county where the case is open. If the case is closed, the other state will be directed to obtain a copy from the court in which the order was established.

J26. What is the procedure for obtaining a certified payment record?
The other state must submit a Transmittal #3 and Confidential Information Form to the county where the case is assigned.

J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is no cost for a payment record. There is no cost for requesting a certified copy of a court order. However, if California does not have an open case, there may be a fee that must be paid to the applicable court to obtain a copy of a court order. The cost varies by court.

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?
California has a two-part suspension/revocation process. A driver's license can be revoked if the non-custodial parent fails, after license suspension, to pay on the arrears payback agreement. California does not specifically have a low income or hardship exemption.

J29. What triggers a driver's license revocation?
If the license suspension release payment is late or is not paid in full, the Department of Child Support Services (DCSS) can revoke a California driver license. See, J32.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No. A warning notice is sent when an obligor owes more than $5 of overdue support. When the parent required to pay child support is 30 days or more overdue, their name is submitted by the Department of Child Support Services (DCSS) to the Department of Motor Vehicles (DMV) for suspension of their license. DMV sends a letter giving the non-custodial parent 150 days to work with DCSS to pay their past due support. If payment isn't made, the driver license suspension will take place. (Family Code 17520).

J29.2 If yes, what is the amount?
N/A

J30. Under what conditions may a noncustodial party restore the driver's license?
The contacted LCSA must review all of the NCPs cases to determine whether a license release is appropriate by considering any pending legal actions as well as any other pertinent information. License release generally requires an arrears payback agreement as the main condition.

J30.1 What is the process for restoring a driver's license?
If a driver's license has been suspended due to non-payment of child support, the obligor is instructed by the licensing agency to call the local child support agency to discuss a possible license release. The release involves an arrears payback agreement.

J31. Does your state allow temporary or conditional driver's licenses?
Yes

J31.1 If yes, what are the conditions?
Upon the request of the local child support agency or by order of the court upon a showing of good cause, the driver license agency shall extend a 150-day temporary license for a period not to exceed 150 extra days (Family Code 17520(E)(2)(D)).

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
If an obligor has received a release of their license after making an agreement with the child support agency but fails to make the agreed payments, the child support agency will inform the licensing agency. The licensing agency will immediately notify the NCP that her/his license will be automatically revoked in 30 days. The NCP can only keep his/her license by entering into a new agreement for payment of the arrears with the child support agency.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
No.

J33.2 What is the dollar amount?
The minimum arrears balance is $25.

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
No.

J36.2 What is the dollar amount?
The minimum arrears balance is $25.

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J38.2 What is the dollar amount?
The minimum arrears balance is $25 for federal insurance match. A total arrears balance of more than $500 for Child Support Lien Network (CSLN) match.

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years in TANF cases.

K2. Briefly describe your state's modification procedure.
Judicial. The local child support agency will seek to adjust the order via a Notice of Motion, order to show cause, or stipulation.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A change in circumstances is expected to last more than 3 months, and will alter the amount of support by at least 20% or $50, whichever is less; or the parties stipulated to an order below the amount established by guidelines and are now requesting an adjustment. No change in circumstances needs to be demonstrated to modify the order to the applicable guideline level or above. The counties can proceed when the request for an adjustment is based on the need to include health care. The counties may, but are not required to, review any case if the case has been reviewed for adjustment within the last 6 months. (Family Code section 4065(d))

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
Change in custody; change in employment status; change in parenting time; change in travel expenses for visitation; financial hardship on the obligee/obligor; obligee/obligor begins or ceases receiving unemployment benefits, state disability, or workers compensation benefits; additional child support orders; change in the obligee/obligor's health insurance premium; release of the obligee/obligor from incarceration or psychiatric facility; determination that the order does not include a provision for medical support; obligor becomes disabled; order based on presumed income and actual income becomes known; obligee/obligor is a reservist in the military and is called to active duty; to accommodate seasonal or fluctuating income of either parent.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
N/A

K6. How does your state credit SSA disability to current and past-due support?
California files a motion to modify the court ordered support obligation within 30 days of verifying that the non-custodial parent (NCP) is receiving Social Security Disability Insurance (SSDI)/Supplemental Security Income (SSI) benefits (Family Code section 17400.5). As a result of the NCP receiving SSA benefits the SSA Derivative payments received by the custodial party (CP) for the NCP's dependent children, or the dollar amount for which the dependent children are eligible, shall be credited toward the amount ordered for that month unless the payments made were taken into consideration by the court in determining the amount of support. If a lump-sum payment is received by the CP, credit is given for the month in which the lump-sum was received. The lump sum is first credited to current support and then to arrears. If the CP refuses to apply for the benefits or cooperate with the appropriate federal agency, the NCP shall be credited toward the amount ordered by the court in the amount that the child would have received. The credit shall continue until the child would no longer be eligible for the benefits or the order is no longer in effect, whichever occurs first. (Family Code section 4504(b) and (c))

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.
Yes

K7.1. If yes, explain the circumstances?
If the non-custodial parent is incarcerated or involuntarily institutionalized for any period exceeding 90 consecutive days, and does not have the means to pay support, the child support obligation shall be suspended for that period of incarceration or while involuntarily institutionalized. Should the non-custodial parent be incarcerated or involuntarily institutionalized for domestic violence, failure to comply with a court order to pay child support, or any offense that could be enjoined by a protective order, the request for a suspension may be denied.

K7.2. What is the statutory citation for your abatement law?
Family Code section 4007.5.
For Additional Information - exit disclaimer

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.
To intercept unemployment or disability insurance benefits from CA that are being paid to an NCP in another state which has no case with California, submit your request on a Transmittal #1, include the Child Support Confidential Information Form, copy of the order and the amount of arrears to the Central Registry.

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.
If the child was born in CA after 1/1/97, you may request a copy of the paternity acknowledgement by contacting the Paternity Opportunity Program at (866) 249-0773, or writing to: DCSS, POP, P.O. Box 419070, Rancho Cordova, CA 95741-9070. Email: askpop@dcss.ca.gov. Copies of birth certificates may be ordered from: Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410, or www.cdph.ca.gov. The phone number is (916) 445-2684, and the fee is $25 each. It should be noted that, effective 11/1/13, the California Department of Public Health-Vital Records (CDPH-VR) discontinued embossing certified copies of birth, death, fetal death, and marriage records. Certified copies will continue to carry security features.

K8. What information does your state require to register an out-of-state order for enforcement/modification?
For enforcement: A Transmittal #1, Letter of Transmittal Requesting Registration, one certified copy of the order, and a certified month-by-month accounting of arrears if applicable. For modification: In addition to the above, a Uniform Support Petition and a General Testimony. The Child Support Confidential Information Form must be attached to the Transmittal #1 for IV-D cases. The Personal Information Form for UIFSA 311 must be attached to the Uniform Support Petition when requesting modification.

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?
Yes.(California Code of Regulations (CCR) section 116100(a)(3)(A))

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?
Yes, at the same rate as current support. (California Code of Regulations section 116100 (a)(3)(A))

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 no longer under the care of the custodial party and there is no decision redirecting payments to someone else. The child marries. The child dies. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration. Child support may cease prior to emancipation if the noncustodial parent is incarcerated for life with no chance of parole, institutionalized in a psychiatric facility, permanently disabled, or in receipt of Social Security Income and/or State Supplementary Payment with no other assets or income. Further, if there is a finding of good cause, the case will close immediately. If a non-aided custodial party does not cooperate with the child support agency for a period of 60 days or longer, the case will be reviewed for closure. Lastly, the non-aided custodial party has the option to close the case as long as no arrears are owed to California. Further information can be found under California Code of Regulations Section 118203: Requirements for Case Closure.

L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
Employers are encouraged to report any bonus or other lump sum payments prior to payout by contacting the Department of Child Support Services (DCSS) at (916) 464-6640 or via email at lumpsumresponseteam@dcss.ca.gov. Employers may also report pending lump sum payments through the federal Office of Child Support Enforcement (OCSE) website, www.acf.hhs.gov/programs/css/employers/bonus-lump-sum-payments.

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
There is no specific timeframe required for the local child support agency (LCSA) to respond to the employer. However, once an employer notifies the LCSA of a pending lump-sum payment, the LCSA may issue a "One-Time Order/Notice - Lump Sum Payment" using Income Withholding for Support (OMB 0970-0154) to attach the lump sum. In addition, the state Department of Child Support Services conducts outreach to specific large employers and collects pending lump sum payment information.

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
A levy of execution upon the earnings of an employee shall be made by service of an earnings withholding order upon the employer. (Code of Civil Procedure section 706.021; 706.030)

L8. What other documents does your state use to attach lump sum payments?
A Workers' Compensation Lien may be filed with the Workers' Compensation Appeals Board for workers' compensation permanent disability lump sum payments. (8 California Code of Regulations sections 10205.10 and 10770) Notice of Lien may be filed with California Superior Court for civil lump sum payments. (Code of Civil Procedure section 491.410)

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?
Yes.

L9.1. If yes, what are those limits?
A court ordered income withholding order (IWO), including a lump sum IWO, under Code of Civil Procedure section 706.052(c) and Family Code section 5246(d)(2) can include the maximum amount allowed under 15 United States Code section 1673. Otherwise, California limits withholding by a local child support agency (LCSA) to a greater degree than the CCPA limitation. 22 California Code of Regulations section 116100(a)(3) states that the maximum amount that may be withheld from salary or wages toward the liquidation of any support arrearage cannot exceed 50% of obligor's net disposable earnings.

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No. If the lump sum did not involve "earnings," then the lump sum would be subject to a 100% levy attachment depending on arrears amount owed. For example, a lump sum involving a civil judgment award not involving earnings would be subject to the maximum 100% attachment.

L9.3. If yes, what are those limits?
N/A

L9.4. If no, what percentage is the employer required to withhold?
California employers are not involved with non-earnings; however, if ordered by the court the employer would be required to withhold the non-earning lump sum to a maximum 100% attachment depending on arrears amount owed.

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes

L10.1 If yes, would the employer only withhold for that period's obligation?
CCPA limits apply to all withholding order payments except insurance-type withholding payments for arrears. California does not allow employers to combine period/recurring withholdings and lump sum withholdings into one payment. Employers must make separate income withholding order payments. A standard withholding order is used for periodic/recurring payments. A lump sum withholding order must be used for each lump sum payment.

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
Conduent

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
Conduent utilizes two debit card programs to distribute child support payments: 1. EPPIC for domestic disbursements 2. Way2Go for international disbursements

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No

L13.1 If so, are there fees involved?
N/A

L14. What are the fees associated with using the card?
1. Domestic Distributions via EPPIC - Four (4) free ATM cash withdrawals (at Wells Fargo) and $1.75 for each thereafter or at other than Wells Fargo ATMs - $0.60 for each ATM balance inquiry - $5.00 for each replacement card issued, after the allotted one (1) free replacement card each calendar year - $5.00 bank teller cash withdrawal, after the allotted two (2) fee-free each month - $20.00 for a request to expedite delivery of a new card - $0.50 for each Customer Service Call to the IVR or live operator after the allotted three (3) fee-free calls each month - $1.75 for each International ATM cash withdrawal; and currency conversion fee of 3% of the US dollar amount to the transaction - added to both ATM and point-of-sale transactions 2. International Distributions via Way2Go - Four (4) free ATM cash withdrawals at MoneyPass ATMs in the US and $1.75 for each additional ATM withdrawal (in network) - $2.25 for each ATM withdrawal not conducted at a US MoneyPass ATM (out of network) - $2.25 International withdrawal fee - 3% of US dollar amount for each international transaction - $0.75 for each ATM balance inquiry - $5.00 for each replacement card issued, after the allotted one (1) free replacement card each calendar year - $0.50 for each Customer Service Call to the IVR or live operator after the allotted three (3) fee-free calls each month - $5.00 bank teller cash withdrawal, after the allotted two (2) fee-free each month

L15. How does your state collect child support payments from an obligor? **
All payments are made to a centralized State Disbursement Unit (SDU). Payments may be made by cash, money order, MoneyGram, PayNearMe, PayPal, TouchPay Kiosk, credit card, electronic funds transfer, check or warrant.

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 may be made by check. California (CA) will transfer payments to the requesting foreign countries Central Authorities or designated responsible agency or creditor by Check or Warrant. If the creditor has a bank account in the United States, California will provide direct deposit/EFT payments in the United States bank account for the specific creditor. Payments can also be made via International EFT (IAT) to both Central Authorities and Custodial Parties.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. To avoid postage cost, electronic payment processing via IAT is encouraged in countries service by SDU partnered banks. To get the best transaction rate, payments to all Single Euro Payment Area (SEPA) countries are made through a separate account in London set up by the SDU.

L18. Does your state process electronic payments in international cases?**
Yes

L18.1 If so, describe the process.**
California is actively working with both Central Authorities and custodial parties who have international bank accounts to both disburse and collect payments (collections only available for central authorities) electronically. For Disbursement: California has created a separate EFT enrollment form for both Central Authorities as well as CPs which captures additional CP and banking information needed for IAT. For Collections: California has created an IAT guide for Central Authorities on how to disburse payments to California.

L19. What is your state's International Bank Account Number (IBAN)?**
California does not require an IBAN number to disburse payments.

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
N/A

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A

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)?
No specific requirements.

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?
No

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)?
No provision exists; however, insurance match allowed for California's Workers' Compensation Appeals Board (WCAB) for permanent disability benefits through the California Department of Industrial Relations (California Family Code section 17510 and California Labor Code section 138.5). Also, insurance match allowed for pending personal injury settlements and workers' compensation benefits nationwide through California Insurance Intercept Program (CIIP) that utilizes Child Support Lien Network (CSLN) insurance match information and OCSE insurance match information.

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

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
No; however, see M2.6 and M3.1.

M3.1. Provide the statutory citation.
N/A

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
California Insurance Intercept Program (CIIP) Demand Request; Personal Injury (CIIP) Income Withholding Order (IWO), Income Withholding Order (IWO) for Workers' Compensation Temporary Disability Benefits and One-time Lump Sum Income Withholding Order (Lump Sum IWO); Insurance Company Response form; Workers' Compensation Lien for Permanent Disability Lump Sum payments; Judicial Council Notice of Lien (Form 185).

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The insurance company is required to serve a copy of the IWO to the non-custodial parent within 10 days of receipt.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
California Family Code section 5234(a) & (b)
For Additional Information - exit disclaimer

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
If the obligor requests a judicial determination of the arrearages within 20 days from the date the notice was mailed to the obligor, the local child support agency shall not issue the levy for a disputed amount of support until the judicial determination is complete (Family Code section 17522(d)).
For Additional Information - exit disclaimer

M6. Are there attorney fees associated with the insurance intercept activity?
No

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
There are two distinct actions for Workers' Compensation. 1) The Income Withholding Order must be used to attach Temporary Disability Benefits per Code of Civil Procedure sections 704.160(b) and (c) and Family Code sections 5206(d) and 5246. 2) A workers' compensation administrative lien must be used to attach a Permanent Disability Lump Sum payment per Labor Code section 4903 and 8 California Code of Regulations sections 10205.10 and 10770. See G17.

M7.1. What is the process, the points of contact, and what forms?
1) Send the Income Withholding Order to the insurance company that is paying Temporary Disability Benefits (i.e., recurring monthly benefits). 2) Liens to attach Permanent Disability Lump Sum payments must be filed with the Workers' Compensation Appeals Board (WCAB) and meet the requirements of Labor Code section 4903 as well as 8 California Code of Regulations section 10205.10 et. seq. and section 10770. The WCAB is an administrative body (i.e., non-judicial). The lien forms must be filed with the WCAB. The WCAB forms are available on-line via the Department of Industrial relations web-site at www.dir.ca.gov. For additional information see http://www.dir.ca.gov. See G9.1 and G17.

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)
Yes

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?
Yes

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)
Yes

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)
Yes


Colorado


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
All programs operate through the County Department of Human Services, many of which contract with private counsel. The El Paso and Teller County programs have obtained a purchase of services agreement with YoungWilliams Child Support Services.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
26-13-105 (2) Colorado Revised Statutes.

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

B1. What is the statutory citation for your state's UIFSA?
14-5-101 through 14-5-903 Colorado Revised Statutes

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and one copy.

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 following provinces in Canada: Alberta, British Columbia, New Brunswick, Ontario, Saskatchewan and the Yukon Territory, Australia, France, Germany, Ireland, Norway, Poland, Sweden and the United Kingdom (England, Scotland, Wales and Northern Ireland).

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.
N/A

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.
N/A

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).)**
A copy of the order is required.

D1. What is the age of majority in your state?
Unless a court finds that a child is otherwise emancipated, emancipation occurs at age 19. Emancipation is extended by enrollment in high school or an equivalency program, but not beyond age 21. If the child is disabled, support may continue beyond age 19. Emancipation may occur at any earlier age due to marriage or entry into active military service.

D2. What is the statutory citation for the age of majority?
14-10-115 (13), Colorado Revised Statutes (C.R.S.) for orders entered after July 1, 1997 and 14-10-115 (15), C.R.S for orders entered prior to July 1, 1997.

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Generally, for all orders, child support terminates automatically without the necessity of a Motion, when the "last or only" child of an order reaches age 19 or otherwise emancipates, unless one of three statutory exceptions exists. This is true in most cases, even if the order states a different age for the termination of child support, as explained in D4 below. Child Support will continue after the last or only child attains age 19 if (1) the child is physically or mentally disabled, or (2) the child is still enrolled in high school or an equivalency program (in which case child support continues until the month following graduation, but not beyond age 21) or (3) if the parties sign a written stipulation agreeing that child support continue beyond age 19. The stipulation must be signed after July 1, 1997 for orders entered after that date or after July 1, 1991 for orders entered prior to July 1, 1997. These rules apply to "flat orders." See D7 below for a discussion of "per child" orders.

D4. Does the date of the order determine the law that is applied?
Yes

D4.1. If yes, please explain.
On July 1, 1991, Colorado lowered the age of emancipation from 21 to 19. This is one of the reasons Colorado has two different statutory sections dealing with emancipation. Although both sections provide for exceptions to the general rule of emancipation upon attaining the age of 19, the exception regarding written stipulations is different as noted above in D3.

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
Emancipation will also occur if a child marries or enters active military service. For further information, please contact Robert Kurtz, the emancipation subject matter expert at Robert.Kurtz@state.co.us or at 303-866-4459.

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.
Generally, for all orders, child support terminates automatically without the necessity of a Motion, when the "last or only" child of an order reaches age 19 or otherwise emancipates, unless one of three statutory exceptions exists. This is true in most cases, even if the order states a different age for the termination of child support, as explained in D4 below. Child Support will continue after the last or only child attains age 19 if (1) the child is physically or mentally disabled, or (2) the child is still enrolled in high school or an equivalency program (in which case child support continues until the month following graduation, but not beyond age 21) or (3) if the parties sign a written stipulation agreeing that child support continue beyond age 19. The stipulation must be signed after July 1, 1997 for orders entered after that date or after July 1, 1991 for orders entered prior to July 1, 1997. These rules apply to "flat orders." See D7 below for a discussion of "per child" orders.

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?
Yes

D7.1. If yes, please describe the procedure.
Only if the order is a "per child" order. Most orders in Colorado are "flat orders," meaning one child support amount is established for all the children as a group. For "flat orders," a party must file a request for a review or Motion to Modify to reduce a child obligation, unless the "last or only" child emancipates. See D3 above. If a court enters a "per child" order, the child support amount would be reduced pursuant to the order as each child emancipates. However, the same exceptions noted in D3 above would also apply.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No

D8.1 If not, how does this affect interstate referrals?
If all arrears are assigned, or if the arrears are due both the CP and TANF, the interstate referral will be accepted. If the arrears are due exclusively to the CP, the Initiating state's case must have been open continuously since prior to emancipation. This information must be included in Section VI of the Transmittal #1.

E1. What is your State's statute of limitations for collection of past-due support?
20 years. Any unpaid child support is considered a judgment by operation of law. If the arrears are reduced to judgment by the court, the 20 year statute of limitations begins from the date the judgment was entered. 54th Colorado Court Rules for Civil Procedure 13-52-102 C.R.S.

E2. What is your State's statute of limitations for paternity establishment?
18 years of age if action initiated by custodial parent; 21 years of age if action is initiated by child.

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.
Colorado child support judgments expire after 20 years but may be renewed prior to the 20 year expiration. 14-10-122, C.R.S

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)?
Shared Income Model. 14-10-115 C.R.S

F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1, 1986, through the present 12 percent compounded interest. If a Colorado county elects to enforce interest, the County CSS office must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.

F3. Does your state charge interest on retroactive support?
Yes

F3.1. If yes, please indicate the amount of interest charged and any related conditions.
From date of order forward. A judgment is not required. County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1, 1986, through the present 12 percent compounded interest. County CSS offices must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
County CSS offices can choose whether or not to enforce interest and most do not offer that service. Under Colorado Revised Statutes, interest may be calculated for child support arrearages. The following interest percentages can be calculated: prior to June 30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1, 1986, through the present 12 percent compounded interest. County CSS offices must provide written notification prior to enforcing interest. If the CSS office is enforcing interest, it can only be assessed beginning with the date of this written notification. If interest is assessed, an updated interest calculation must be completed every six months and notice provided of the new interest amount that has been assessed. 14-14-106 & 5-12-101, C.R.S.

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No

F5.1. If yes, under what circumstances?
N/A

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?
A refund intercept fee of $35 (IRS offset only). An annual $35 fee, required by the Deficit Reduction Act of 2005 (DRA), is charged to all custodial parties who have never received public assistance under Title IV-A. The fee is withheld from the next payment once $550 has been disbursed to the family. A CSLN fee of $48.50 is charged for personal injury and workers compensation intercepts.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Colorado will recover genetic testing costs upon the establishment of paternity from the obligor and service of process costs in some cases.

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
Colorado will recover genetic testing costs upon the establishment of paternity from the obligor and service of process costs in some cases.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
14-5-201 Colorado Revised Statutes

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
Only if we are also enforcing a child support order.

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)
No

F10.1. Optional comments regarding required information on spouse or partner.
Credit can be given if a spouse is providing medical coverage for the child, so that information and the cost should be included, if applicable.

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?
Colorado imposes the $35 fee on the obligee and withholds it from future disbursements, once the $550 threshold has been reached.

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?
We collect from the obligee, who is usually, but not always, the applicant.

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. However, if the fee is waived by the county, the county pays the fee.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/01/2009.

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes

F14. Does your state participate in the pass-through in former assistance cases?
No

F14.1. If yes, provide the date.
N/A

F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes

F15.1. If yes, list the eligible assignments your state would discontinue.
Pre-assistance arrears for assignment signed on or after 10/01/1997.

F15.2. When will your state discontinue each type of assignment?
10/01/2009

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA

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?
The CSS offices files a Motion to Join Party and Add Payee with the court. Once approved, this redirects the payments to the caretaker.

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?
The CSS offices files a Motion to Join Party and Add Payee with the court. Once approved, this redirects the payments to the caretaker. The procedure would be followed only if the caretaker applied for services or we received a UIFSA action from another state.

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?
The CSS offices files a Motion to Join Party and Add Payee with the court. Once approved, this redirects the payments to the caretaker. The procedure would be followed only if the caretaker applied for services or we received a UIFSA action from another state.

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Colorado imposes the fee on the obligee and withholds it from future disbursements, once the $500 threshold has been reached.

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).**
Service of process (process server and certified mail) and genetic testing costs.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
No

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No

G1. What specific source of income is not subject to withholding?
All income types can be withheld except for means-tested income. 13-54-104 C.R.S, 14-10-115 C.R.S, 14-14-102 C.R.S, 14-14-111.5 C.R.S.

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?
N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
The employer, trustee or other payor of funds may extract a processing fee of up to five dollars ($5.00) per month from the remainder of the obligor's income after the deductions and withholding. 14-14-111.5 C.R.S.

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
An income assignment shall take effect no later than the first pay period that begins at least fourteen days after the mailing date on the notice of Income Assignment.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
The employer shall forward payment within seven business days after the date of each deduction.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
If an employer fails to abide by the terms in the Notice of Income Assignment, the employer may be held in contempt of court.

G7. What is the penalty to an employer for failure to remit payments withheld?
The employer may be held liable for an amount up to the accumulated amount the employer should have withheld from the obligor's income. 14-14-111.5 C.R.S

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
In order to process a withholding from UI benefits, Colorado must receive a full UIFSA case that includes a Transmittal #1, a Letter of Transmittal Requesting Registration, and a certified copy of the order if it was not issued in Colorado.

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.
N/A

G10. How does an obligor contest income withholding in your state?
Colorado statute (14-14-111.5, C.R.S.) requires immediate income withholding on all child support orders with no provision for contesting. Certain older child support orders require advance notice of income withholding which allows the obligor to file an objection with the court.

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.
1. Current monthly child support and maintenance when included in the child support order for all income assignments is paid first. 2. A specific dollar amount applied toward medical support, if ordered by the court (not health insurance premiums) is paid second. 3. Child support debt, arrears, and retroactive support due, including medical support arrears are paid third. 4. Maintenance only is paid fourth. The available amount must be prorated 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.
Assistance is available, however, employers should also use the applicable statute: 14-14-111.5 (6)(b) Colorado Revised Statutes.

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?
Insurance premiums for the children of the order must be deducted along with the federally required deductions to calculate disposable income.

G13. When does your state require the employer to send notice of an employee's termination?
Promptly - No specific time frame is provided. 13-54-104 C.R.S, 14-14-111.5 C.R.S.

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?
Indefinitely - No specific time frame is provided except that the income assignment states that the income assignment is continuing and remains in effect until further notice.

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?
Yes. We provide employers the ability to make on-line one time or recurring payments using a checking/savings account or credit card.
For Additional Information - exit disclaimer

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?
Yes - To any payer of funds other than unemployment compensation.

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.
Health insurance premiums are deducted to calculate disposable income promptly - No specific time frame is provided. Cash medical support prioritization is secondary to current support. Insurance premiums for the children of the order must be deducted along with the federally required deductions to calculate disposable income. 13-54-104 C.R.S

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?
Our rules states, we pay instate NIVA arrears first, then out of state NIVA arrears. After that, it's instate IVA arrears, then out of state IVA arrears.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Rule-9CCR 2504-1

G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
A rebuttable presumption of paternity is created when the genetic tests results show that the probability is ninety-seven percent or higher. 19-4-105 C.R.S.

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
A duly executed voluntary acknowledgment of paternity is considered a legal finding of paternity 60 days after execution of such document. However, a parent may contest paternity in a Colorado court action as a defense in a child support action, even after this 60-day period. 19-4-105 C.R.S.

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
Marriage creates a presumption that may be rebutted in an appropriate action only by clear and convincing evidence. 19-4-105 C.R.S.

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?
Yes

H6.1. If no, briefly explain.
A legal finding of paternity based on a Voluntary Acknowledgement of Paternity may be challenged in a Colorado court on the basis of fraud, duress, or mistake of material fact, with the burden of proof on the challenger. 19-4-105 C.R.S

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?
7/1/97

H8. Does your state have any other paternity-related presumptions?
Yes

H8.1. If yes, briefly explain.
Presumptions of paternity include marriage, attempted marriage, the father receiving the child into his home and openly holding out the child as his natural child, and genetic testing shows a probability of 97% or higher. Details may be found in the Colorado Revised Statutes, 19-4-105.

H9. Does your state have a putative fathers' registry?
No

H9.1. If yes, what is the name of that entity?
N/A

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.
There are no circumstances under which these fees may be waived.

H11. Is common-law marriage recognized in your state?
Yes

H11.1. If yes, briefly describe the standard that defines common-law marriage.
The man and woman are free to enter into a marriage contract, if neither is married to another person and both parties are of legal age (18). The man and woman hold themselves out to the public as married: such as sharing a joint checking account, filing joint income tax returns or putting both names on property titles as husband and wife.

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?


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?
Persons may testify or be deposed by telephone, audiovisual means or other electronic means, as authorized by the court.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
14-5-201 Colorado Revised Statutes

H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
Colorado will attempt to recover genetic testing costs for another state if that state has a judgment for the costs. After Jan. 3, 2011, the responding state is responsible for these costs.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Birth Certificate Worksheet for married parties. Voluntary Acknowledgment of Parentage form for unmarried parties or a court or administrative order establishing parentage.

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

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Combined

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
At all times except for A) Colorado court order exists which establishes a monthly child support obligation, or an order exists in Colorado which could be modified to establish a monthly child support obligation, or B) The county director or designate IV-A staff has made a finding of good cause exemption from referral to the Child Support Services Unit, or C) The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers, or D) One or both of the parents is under age 18, or E) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference, or F) The parties cannot agree to certain issues at the Administrative Process Negotiation Conference.

I1.2. Under what circumstances would a judicial process would be used?
A) Colorado Judicial court order exists which establishes a monthly child support obligation, or B) The case requires paternity etablishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers, C) One or both of the parents is under age 18, or D) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference, or E) Other situations defined by Rule-9CCR 2504-1.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
26-13.5-101 through 26-13.5-115 Colorado Revised Statutes 2014

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)?
The financial resources of the other parent and, in rare cases, of the child. 14-10-115 C.R.S.

I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The courts may deviate from the guideline where its application would be inequitable, unjust or inappropriate. Any such deviation shall be accompanied by written or oral finding by the court specifying the reasons for the deviation. 14-10-115 C.R.S

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
County Policy will determine the administrative establishment of support for a prior period. A party may always file a motion with the court in the same action to seek retroactive support. Restrictions on retroactive support: an order for support or a prior period may not be entered (1) for those months the custodial party received public assistance or (2) for those months the custodial party did not have custody of the child(ren), or (3) for those months the custodial party and the non-custodial party lived together. In cases where a divorce or legal separation action has been filed, a party can receive retroactive support from the date of the parties' physical separation, the filing of the petition, or upon service to the obligor, whichever date is the latest.

I4.2. What information or documentation does your State require to proceed?
Documentation of any relevant facts set forth in I4.1 above and an Affidavit of retroactive support. 14-10-115 C.R.S.

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.
County Policy will determine the administrative establishment of support for a prior period. A party may always file a motion with the court in the same action to seek retroactive support. Restrictions on retroactive support: an order for support or a prior period may not be entered (1) for those months the custodial party received public assistance or (2) for those months the custodial party did not have custody of the child(ren), or (3) for those months the custodial party and the non-custodial party lived together. In cases where a divorce or legal separation action has been filed, a party can receive retroactive support from the date of the parties' physical separation, the filing of the petition, or upon service to the obligor, whichever date is the latest.

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?
Establish child support (with paternity if necessary), including current support, retroactive support, child support debt (recovery of public assistance) and foster care fees/costs. All enforcement remedies except contempt are administrative.

I6. What is your state's statutory authority for the administrative process?
26-13.5-101 through 26-13.5-115 Colorado Revised Statutes 2014.

I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
It might be either establishment or modification, depending upon the reason for the reservation.

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, but it is recommended.

I14. What methods of personal service does your state use? **
Personal service may be accomplished by sheriff or similar governmental official, by private process server, or by certified mail.

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? **
Authorized adjustments to the child support guideline include payment on other child support orders, supporting other non-joint children without an order, payment/receipt of spousal maintenance (alimony) pursuant to an order, and certain court-ordered post-secondary education payments. Parents can also be credited payments of work or education-related child care costs, premium costs to provide medical insurance the children on the order, extraordinary medical expenses of the children, and certain qualified expenses agreed to or court-ordered, such as visitation and special education costs. The child support owed can also be adjusted for certain social security payments received by the child.

I17. Please provide the relevant statutory or case law citation.**
Section 14-10-115, C.R.S.

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. **
Yes, but they must be approved by a court. The court and child support agencies must use the Colorado child support guidelines in calculating child support obligations. Only a court may use discretion and deviate from that amount if appropriate. In dissolution of marriage and parenting time judicial actions, mediation is required.

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?
The existence of an arrears balance. 14-10-122 C.R.S

J2.2. Where are your state liens filed?
Real Estate-County Clerk and Recorder, Personal Property - Secretary of State's Office, Motor Vehicle-County Clerk and Recorder (except in Denver County, Motor Vehicle liens are filed with Department of Motor Vehicles). 14-10-122 C.R.S.

J2.3. Does your state charge a fee for filing a lien?
No

J2.4. If yes, please indicate the amount.
Colorado CSS is exempt from fees for filing on real property and personal property. Colorado CSS is charged $10.00 per page for Motor Vehicle Liens.

J.3. Does your state enforce property seizure and sale?
Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial. This remedy is available but rarely used by county offices.

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?
An NCP receives notice of FIDM enforcement remedy in the yearly tax offset notice.

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
Colorado does not send an Intent to Freeze and Seize Notice. However, the State sends a copy of the Lien and Levy to the obligor, along with a notice advising of any appeal rights and advising of the reasons for which an exemption/exception may be requested. A notice is also sent to all joint account holders advising them of their appeal rights.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The NCP's copy of the lien and the accompanying appeal rights and exception/exemption notice are sent to the NCP seven days after the lien is sent to the financial institution.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
At least $1,000 in arrears and no payments received over the last three (3) months. 9CCR2504-1, 6.906

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
At least $1,000 in arrears and no payments received over the last three (3) months. 9CCR2504-1, 6.906

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes 9CCR2504-1, 6.906

J5.3.1. If yes, please provide the time frame.
No payments received over the last three (3) months. 9CCR2504-1, 6.906

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.
100% of the assets are frozen. The NCP can request an exception or exemption and provide documentation after 100% of the asset is frozen.

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
100% of the assets are frozen. The joint account holder has the right to appeal and provide documentation showing ownership of funds.

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.
Yes, $25.00

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
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?
They have twenty days from the date of the notice to request and prove a joint account appeal or to request and prove an exception/exemption. 9CCR2504-1, 6.906.4 & 6.906.5

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?
They have thirty days from the date of joint account appeal finding or from the exception/exemption finding to appeal that decision to the court.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Parties have twenty days from the date of the notice to challenge an action. An obligor can request an exemption based on source of account funds (SSI,SSA Survivor, VA disability, public assistance or child support); type of account (trust, custodial/UTMA, commercial); mistaken identity; and income (50% of monthly income can be retained). An obligor can also request an exception for terminal illness. Joint account holders can request a marital exemption to return 50% of the seized funds or based on ownership of deposits up to 100%. 9CCR2504-1, 6.906.4 & 6.906.5

J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
The non-debtor has twenty days from the date of the notice to request a marital exemption to return 50% of seized funds or an appeal based on ownership of deposits up to 100%.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and automated. County CSS offices have input as to whether or not a lien is issued.

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.
N/A

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. The financial institution is instructed to hold the asset for thirty days from the date of the lien (or longer if there is an ongoing appeal).

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
The financial institution is advised to remit funds on the 31st day (31 days from the date on the financial institution Notice of Lien and Levy).

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 withholding of workers' compensation benefits and unemployment benefits.

J7. Describe any other administrative enforcement procedures your state may have.
License suspension (recreational, professional, driver's), credit reporting, IRS and State tax offset, gambling winnings intercept, insurance claim payments, awards and settlements lien and attachment, unclaimed property intercept, lottery intercept and vendor offset.

J8. Describe any other judicial enforcement procedures your state may have.
Contempt of court, criminal non-support, Rule 69 hearing (judicial hearing held to solicit testimony regarding employment/assets), posting bonds or surety, writs, and garnishments.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Real Estate-County Clerk and Recorder; Personal Property - Secretary of State's Office; Motor Vehicle-County Clerk and Recorder (except in Denver County, Motor Vehicle liens are filed with Department of Motor Vehicles) 14-10-122 C.R.S.

J10. Which of your state's enforcement remedies are available without judicial actions?
Income Assignment; license suspension, including driver's, recreational, and professional licenses; attachment of Worker's Compensation and unemployment benefits; vendor offset; unclaimed property; credit reporting; FIDM; gambling intercept; administrative offset; insurance claim payments, awards and settlements lien and attachment; and state and federal tax offset.

J11. Describe your state's procedures for registering and enforcing another state's order.
A Notice of Registration order is sent to the non-registering party, advising that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days of the notice. Failure to contest within this time period will result in confirmation of the order by operation of law.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None - Enforcement is identical to instate case enforcement.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
13-53-101 through 13-53-108 Colorado Revised Statutes 1998.

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears greater than $500 and greater than 60 days past due.

J15. To which credit bureaus does your state report an obligor's child support information?
Trans Union, Experian and Equifax

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
MSFIDM & FIDM

J19. What documentation does your state require to proceed with an AEI request?
Completed Transmittal #1, copy of the court order, payment record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).

J20. What mandatory data elements does your state need to process AEI requests?
Completed Transmittal #1, copy of the court order, pay record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).
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?
N/A

J22. How many copies/sets of documents does your state require with an AEI request?
Colorado requires one copy of the documents via U.S. Mail.

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?
Colorado only uses AEI data for lien and levy actions.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
Completed Transmittal #1, copy of the court order, payment record, and all FI information (FI name, TIN #, and joint account addresses, if appropriate).

J25. What is the procedure for obtaining a certified copy of a court order?
Certified copies of orders can be requested by submitting a Transmittal #3 directly to the appropriate county child support office of the county court that issued the CO order. Including a copy of the Confidential Information Form may expedite your request.

J26. What is the procedure for obtaining a certified payment record?
Payment records can be obtained from the Family Support Registry at 1-800-374-6558 or by CSS workers who have requested and obtained a login and password to the Colorado website at www.childsupport.state.co.us.

J27. Is there a cost for requesting a certified copy of a court order or payment record?
If Colorado does not have an open IV-D case, some of the courts do charge for certified orders. There is no charge for a payment record.

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?
Colorado suspends driver's licenses for nonpayment of support. Colorado does not revoke licenses. The county caseworker has the ability to work with non-custodial parents.

J29. What triggers a driver's license revocation?
Colorado does not revoke licenses. License suspension is triggered by non-payment of support.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No

J29.2 If yes, what is the amount?
N/A

J30. Under what conditions may a noncustodial party restore the driver's license?
Payment in full or negotiation of a lump sum payment with county child support case worker.

J30.1 What is the process for restoring a driver's license?
The Division of Child Support Services issues a Notice of Compliance to the Department of Revenue, Division of Motor Vehicles, which allows the obligor to reinstate his/her driving privilege. The obligor must pay a reinstatement fee to the Division of Motor Vehicles.

J31. Does your state allow temporary or conditional driver's licenses?
Yes

J31.1 If yes, what are the conditions?
Compliance with the Department of Revenue, Division of Motor Vehicles temporary license policies and procedures.

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
County caseworkers have the ability to take the circumstances of the case into consideration throughout the driver's license suspension process.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
$150 for TANF cases; $500 for non-TANF cases

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A

J36.2 What is the dollar amount?
N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

J38.2 What is the dollar amount?
N/A

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Only as authorized by the guidelines statute, 14-10-115, C.R.S. SSDI payments due the child because of the NCP's disability and received by the CP as Representative Payee are credited dollar for dollar against the MSO due from the NCP. Payment of past-due lump-sum SSDI payments due the child are also credited dollar for dollar against any arrears and/or judgment for retroactive support.

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
By request of the custodial party, non-custodial party or the CSS office. In cases containing an active assignment of rights, the review shall be done at least once every 36 months.

K2. Briefly describe your state's modification procedure.
By request of the custodial party, non-custodial parent or CSS office, and automatically in TANF cases every three years.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Review notices and income and expense affidavits are forwarded to the parties and financial information is gathered. A guideline calculation will be completed on the 30th day following the notice. If the results of the guideline calculation meet the criteria listed in response below (K4), a change may be indicated, and a post review notice sent out. The parties have 15 days to challenge the results of the review. The parties have a right to request a judicial determination of the findings.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
The change can be based on a change in the number of overnights with each parent, health insurance premium costs, or other extraordinary adjustments, such as expenses associated with visitation or private school.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
N/A

K6. How does your state credit SSA disability to current and past-due support?
The amount of the SSDI award received on behalf of the children is offset against the guideline support amount. A retroactive lump sum award for the NCP's disability received on behalf of the children by the CP must be credited against any past-due child support obligation which accrued during the disability time period.

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.
Yes

K7.1. If yes, explain the circumstances?
Support can only be abated through the modification process and the result is dependent upon court findings.

K7.2. What is the statutory citation for your abatement law?
Colorado has no abatement statute but the courts do have equitable power to abate a child support order as appropriate.

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.
TANF certifications should be requested from the county TANF office.

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.
These requests should be made to the Vital Records Department at 303-692-2230 or www.colorado.gov/cs/Satellite/CDPHE-CHEIS/CBON/1251593016787.

K8. What information does your state require to register an out-of-state order for enforcement/modification?
The UIFSA packet must include a Transmittal #1, a Confidential Information Form, Letter of Transmittal Requesting Registration, and a copy of the order. A month-by-month calculation of arrears is also highly recommended and might be required by some courts. If a modification is being requested, the Personal Information Form, Uniform Support Petition and General Testimony are also required and documentation of the requesting party's income and expenses is highly recommended. I

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?
Colorado statute is silent on this issue. State CSS policy allows flexibility when setting arrears payments.

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?
Colorado statute is silent on this issue. State CSS policy allows flexibility when setting arrears payments.

K10. What circumstances will cause your state to end child support before the normal duration? **
The child is considered emancipated before reaching the age of 19 through marriage or active military duty. Support continues after reaching the age of 19 if the child is in high school or an equivalent program or if the child is mentally or physically disabled.

L1. Does your state define a lump sum payment?
Yes

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Bonuses, commissions, severance pay.

L1.2 Provide the statutory citation.
14-14-111.5(4)(k5),Colorado Revised Statutes

L2. Does your state law require employers to report lump sum payments?
Yes

L2.1 If yes, give the statutory citation or rule.
14-14-111.5,(4)(k.5) Colorado Revised Statutes.

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
None

L4. How are employers instructed to report a pending lump sum?
Call Family Support Registry Employer Services at 800-696-1468.

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Two business days

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
The lien/levy process is used for lump sums other than employer withholdings (such as insurance), using a Writ of Garnishment.

L8. What other documents does your state use to attach lump sum payments?
None

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?
No, Colorado statute (13-54-104, C.R.S.) uses the same income withholding limits as the CCPA.

L9.1. If yes, what are those limits?
N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
The income withholding limits outlined in 13-54-104, Colorado Revised Statutes match the federal limits (50% - 65%) but to simplify the process, the policy of Colorado CSS is to request just 50% of the lump sum, up to the arrears balance owed.

L9.3. If yes, what are those limits?
See L9.2

L9.4. If no, what percentage is the employer required to withhold?
N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No

L10.1 If yes, would the employer only withhold for that period's obligation?
N/A

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
We do the direct deposits internally; we do not use a vendor.

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
Systems & Methods Inc.

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No

L13.1 If so, are there fees involved?
N/A

L14. What are the fees associated with using the card?
The client can use the card without any fees. Depending on where and how they use it, some transactions have fees.

L15. How does your state collect child support payments from an obligor? **
All payments are made to the Family Support Registry (FSR), our state disbursement unit. Many payments are made through income withholding orders sent to the obligors' employers. Other options include paying by one time or recurring automatic withdrawal, check, credit or debit card or at a PayNearMe or MoneyGram location and some counties utilize kiosks for payments.

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? **
Some payments to other countries are sent by check and some payments are sent via SWIFT wire transfer. We have three options for sending checks to foreign payment agency. 1. The payment is made payable to the agency and sent to the agency's address. 2. The payment is made payable to the custodial party and sent to the agency's address. 3. The payment is made payable to the custodial party and sent to the custodial party's address.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
There is not a cost to the foreign agency or custodial party.

L18. Does your state process electronic payments in international cases?**
Yes

L18.1 If so, describe the process.**
Send via SWIFT Wire Transfer to the International Bank Account.

L19. What is your state's International Bank Account Number (IBAN)?**
120413254422

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?
Yes

M2.1. If yes, provide the statutory citation
Colorado has the authority to issue administrative lien and attachments on insurance claim payments, awards and settlements. Colorado Revised Statutes 26-13-122.7 Lien by Operation of Law statute as required in PRWORA. Colorado Revised Statutes 14-10-122(1.5)(a).

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Name, DOB, SSN

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
Automatic match process via the Child Support Lien Network (CSLN)

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)?
Owe greater than $500 in arrears. Personal injury, Wrongful Death, Workers' Compensation

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?
Greater than $500 in arrears. Insurance payment greater than $1000.

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)?
Data exchange through the Child Support Lien Network (CSLN)

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)?
The Child Support Lien Network (CSLN) and the Federal Office of Child Support Enforcement (OCSE)

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.
No

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes

M3.1. Provide the statutory citation.
Colorado Revised Statues 26-13-122.7

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
The Notice of Administrative Lien and Attachment

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The Child Support Services Agency, however, the insurance company makes the obligor aware of the lien and attachment.

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Colorado Revised Statutes 26-13-122.7(IV)(4)

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, written request within thirty (30) days from the date on the Administrative Lien and Attachment. Colorado Revised Statutes 26-13-122.7(IV)(4)

M6. Are there attorney fees associated with the insurance intercept activity?
No

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
The Child Support Lien Network (CSLN) and The Federal Office of Child Support Enforcement (OCSE).

M7.1. What is the process, the points of contact, and what forms?
Participate in the CSLN and/or OCSE match process.

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)
Yes

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?
Yes

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)
Yes

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)
Yes


Commonwealth of the Northern Mariana Islands


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?


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?


A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?


A2.3. If yes, please explain.


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


B2. How many copies or sets of documents does your state need for an intergovernmental case referral?


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.)


C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?


C1.2. If yes, please explain.


C2. Has your state established reciprocity with any Native American tribal courts?


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?**


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).)**


D1. What is the age of majority in your state?


D2. What is the statutory citation for the age of majority?


D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.


D4. Does the date of the order determine the law that is applied?


D4.1. If yes, please explain.


D5. Does child support end if the child leaves the household, but does not emancipate?


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)?


D6.1. If yes, please explain.


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?


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?


E1. What is your State's statute of limitations for collection of past-due support?


E2. What is your State's statute of limitations for paternity establishment?


E3. Is dormancy revival/renewal possible?


E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.


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)?


F2. Does your state charge interest on arrears?


F2.1. If yes, please indicate the amount of interest charged and any related conditions.


F3. Does your state charge interest on retroactive support?


F3.1. If yes, please indicate the amount of interest charged and any related conditions.


F4. Does your state charge interest on adjudicated arrears?


F4.1. If yes, please indicate the amount of interest charged and any related conditions.


F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?


F5.1. If yes, under what circumstances?


F6. Does your state elect to recover costs or charge fees in your IV-D state plan?


F6.1. If yes, what costs are recovered from or fees charged to the obligee?


F6.2. If yes, what costs are recovered from or fees charged to the obligor?


F7. Does your state recover costs on behalf of the initiating state?


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?


F9. Does your state establish, enforce, or modify spousal maintenance orders?


F9.1. If yes, under what circumstances?


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?


F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?


F11.2 Does your state collect the fee from the person applying for IV-D services?


F11.3. Does your state collect the fee from the absent parent?


F11.4. Does your state pay the fee out of its own funds?


F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?


F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?


F14. Does your state participate in the pass-through in former assistance cases?


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.


F15.2. When will your state discontinue each type of assignment?


F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?


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?


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?


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?


F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?


F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **


F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).**


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)


G1. What specific source of income is not subject to withholding?


G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?


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?


G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?


G5. What is the date by which an employer must remit amounts withheld from an employee's pay?


G6. What are your state's procedures for sanctioning employers for not implementing income withholding?


G7. What is the penalty to an employer for failure to remit payments withheld?


G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?


G8.1. Explain your process for receiving direct withholding orders across state lines.


G8.2. What documents are required to intercept UI benefits?


G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?


G9.1. Optional comments regarding direct withholding of WC benefits across state lines.


G10. How does an obligor contest income withholding in your state?


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.


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?


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.


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?


G13. When does your state require the employer to send notice of an employee's termination?


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?


G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?


G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?


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?


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.


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?


G21. Does your state's law require a signature on the income withholding order?


H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?


H1.1. If yes, please explain.


H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?


H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.


H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?


H4.1. Were acknowledgments prior to that effective date rebuttable?


H4.2. Optional comments regarding paternity acknowledgments prior to that date.


H5. Does marriage constitute a rebuttable presumption of paternity?


H5.1. If yes, how is the presumption rebutted?


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?


H6.1. If no, briefly explain.


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?


H8.1. If yes, briefly explain.


H9. Does your state have a putative fathers' registry?


H9.1. If yes, what is the name of that entity?


H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?


H10.1. If yes, please describe any circumstances under which these fees may be waived.


H11. Is common-law marriage recognized in your state?


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?


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.


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?


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?


I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?


I1.1. If your state can establish under both, under what circumstances would the administrative process be used?


I1.2. Under what circumstances would a judicial process would be used?


I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.


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)?


I3. What criteria for rebutting your presumptive guidelines have been established in your state?


I4. Will your state establish support orders for prior periods?


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?


I4.3. Will your state allow a petition for support when the only issue is retroactive support?


I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.


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?


I6. What is your state's statutory authority for the administrative process?


I7. Is there a local state law that allows an interstate administrative subpoena?


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?


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?


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?


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?


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?


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?


I14. What methods of personal service does your state use? **


I15. Does your state send and receive pleadings and documents electronically in international cases?**


I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **


I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **


I17. Please provide the relevant statutory or case law citation.**


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?**


I18.1 If yes, indicate the appropriate responses. **


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?


J2. Is the lien process in your state judicial, administrative, or both?


J2.1. What are the trigger criteria for filing a lien?


J2.2. Where are your state liens filed?


J2.3. Does your state charge a fee for filing a lien?


J2.4. If yes, please indicate the amount.


J.3. Does your state enforce property seizure and sale?


J3.1. Are the property seizure and sale procedures judicial, administrative, or both?


J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?


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?


J4.2. Does your state's income withholding definition include amounts in financial institutions?


J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?


J4.3.1 If yes, who notifies the NCP, the state or 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?


J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?


J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?


J5.3.1. If yes, please provide the time frame.


J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?


J5.4.1. If yes, provide the percentage.


J5.4.2. Is the percentage different for joint accounts?


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.


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?


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?


J5.10. Is your state's complaint review process judicial, administrative, or both?


J5.11. What are your state's penalties for incorrect seizures?


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?


J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?


J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?


J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.


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?


J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?


J6. Does your state withhold state funds or benefits?


J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?


J7. Describe any other administrative enforcement procedures your state may have.


J8. Describe any other judicial enforcement procedures your state may have.


J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?


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.


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)?


J13.1. If yes, provide the statutory citation.


J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?


J15. To which credit bureaus does your state report an obligor's child support information?


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?


J20. What mandatory data elements does your state need to process AEI requests?


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?


J26. What is the procedure for obtaining a certified payment record?


J27. Is there a cost for requesting a certified copy of a court order or payment record?


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?


K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?


K2. Briefly describe your state's modification procedure.


K3. What are your criteria for modification (for example, $50 or 20% from present order)?


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.


K4.3. The needs of a party or the child(ren) have substantially increased or decreased.


K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.


K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.


K4.6. There has been a substantial change in childcare expenses.


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?


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.


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?


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?


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?


K10. What circumstances will cause your state to end child support before the normal duration? **


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.


L2. Does your state law require employers to report lump sum payments?


L2.1 If yes, give the statutory citation or rule.


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?


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?


L12.1 If so, specify the vendor.


L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?


L13.1 If so, are there fees involved?


L14. What are the fees associated with using the card?


L15. How does your state collect child support payments from an obligor? **


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? **


L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **


L18. Does your state process electronic payments in international cases?**


L18.1 If so, describe the process.**


L19. What is your state's International Bank Account Number (IBAN)?**


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


M1.1. Additional information on the CCPA.


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?


M2.1. If yes, provide the statutory citation


M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?


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?


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)?


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.


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?


M3.1. Provide the statutory citation.


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.


M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.


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?


M7.1. What is the process, the points of contact, and what forms?


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)



Connecticut


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are 12 field offices, which are located in Bridgeport, Danbury, Windsor, Manchester,Middletown, New Britain, New Haven,Norwich,Stamford, Waterbury and Torrington. 1 Central Office, located in Hartford. In addition there is a customer service call center.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
CGS 46b-231(t)
For Additional Information - exit disclaimer

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

B1. What is the statutory citation for your state's UIFSA?
Sections 46b-301 to 46b-425, inclusive of the Connecticut General Statutes (CGS)
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and one copy.

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.)
Bermuda; Mexico (the following 27 of 32 states): Aguascalientes, Nayarit, Baja California, Nuevo Leon, Campeche, Puebla, Chiapas, San Luis Potosi, Chihuahua, Queretaro, Coahuila, Quintana Roo, Colima, Sonora, Distrito Federal, Tabasco, Guanajuato, Tamaulipas, Guerrero, Tlaxcala, Hidalgo, Veracruz, Jalisco, Yucatan, Michoacan, Zacatecas, Morelos.

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.
N/A

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.
N/A

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).)**


D1. What is the age of majority in your state?
18

D2. What is the statutory citation for the age of majority?
Section 1-1d of the Connecticut General Statutes.
For Additional Information - exit disclaimer

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18; except support continues for unmarried children until completion of twelfth grade or the age of nineteen, whichever first occurs. Extension of support applies to dissolution of marriage, legal separation and annulment cases entered on or after July 1, 1994 in accordance with CGS Sec. 46b-84(b), and to all other cases in which the child did not reach age 18 before October 1, 2004 in accordance with CGS 17b-745, 46b-171, 46b-172, and 46b-215.

D4. Does the date of the order determine the law that is applied?
Yes

D4.1. If yes, please explain.
See D3.

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
Statutory emancipation procedures are at CGS Secs. 46b-150 to 46b-150d, inclusive. Connecticut also recognizes common law emancipation under CGS Sec. 46b-150e.

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.
In the circumstances described in D3, and also if the child lives with a parent and has mental retardation, or a mental or physical disability, until age 21 in cases of dissolution of marriage, legal separation or annulment, for orders entered on or after October 1, 1997, in accordance with CGS Sec. 46b-84.

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.
N/A

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?


E1. What is your State's statute of limitations for collection of past-due support?
None

E2. What is your State's statute of limitations for paternity establishment?
18 years

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Not applicable.

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)?
Income shares.

F2. Does your state charge interest on arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Not applicable

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.
Not applicable

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.
Not applicable

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
If the court orders 50% unreimbursed medical expenses, and finds payments not made.

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No

F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Connecticut does not recover costs, but the following fees are charged: $15 for each name certified to the IRS; and $10 ($14 if SSN not provided) for location-only services.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic testing costs if the putative father's paternity is acknowledged or adjudicated; service of process fees.

F7. Does your state recover costs on behalf of the initiating state?
No

F7.1. Optional comments regarding recovery of initiating state's fees.
None

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
CGS Sec. 46b-212d
For Additional Information - exit disclaimer

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
In UIFSA responding cases and in IV-D cases in which the child who is the subject of the support action is living with the parent for whom the maintenance order is issued.

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)
Yes, if available

F10.1. Optional comments regarding required information on spouse or partner.
None

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?
The $25.00 annual fee is deducted from payments sent to the custodial party if at least $500 in support is disbursed to the CP during the FFY from October 1 - September 30.

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?
October 1, 2008.

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes; currently, up to $50.00 per month.

F14. Does your state participate in the pass-through in former assistance cases?
No.

F14.1. If yes, provide the date.
Not applicable

F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes

F15.1. If yes, list the eligible assignments your state would discontinue.
Assignments of pre '97 and post '97 pre-assistance arrearages.

F15.2. When will your state discontinue each type of assignment?
October 1, 2008

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA.

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?
Public Act no. 06-149 authorizes BCSE and SES to change the payee of a support order administratively in IV-D cases upon notice to the obligor and the obligee, provided neither the obligor nor the obligee objects in writing within 10 business days from the mailing date of such notice. The notice is sent to the most recent address of the obligor and obligee, as recorded in the state case registry, and filed with the court or family support magistrate after expiration of the challenge period. If either party objects to the administrative change of payee, BCSE or SES will pursue the payee change via the court process, using a motion to add a party plaintiff.

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?
See F17.

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?
See F17

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The $25.00 annual fee is deducted from payments sent to a custodial party if at least $500 in support is disbursed to the CP during the FFY from October 1 - September 30

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).**


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)


G1. What specific source of income is not subject to withholding?
Any source that does not fall under the sources of income identified in C.G.S. 52-362(a)5. Those from Federally exempt sources.
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?
Yes

G2.1. If yes, what are those limits?
85% of the first $145 of disposable income per week is exempt from withholding.

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
None

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The first pay period, or the date of periodic payment that occurs, after 14 days following the date of service of the withholding order.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days of the date the obligor is paid.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Contempt action and civil action for amounts not withheld.

G7. What is the penalty to an employer for failure to remit payments withheld?
Repayment of the full amount not withheld since receipt of proper notice.

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
The Standard two-state UIFSA request for enforcement.

G8.2. What documents are required to intercept UI benefits?
Standard two-state UIFSA request for enforcement; CT Department of Labor does not accept direct income withholding orders at this time.

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.
Permitted by CGS Sec. 52-362(a)(5).

G10. How does an obligor contest income withholding in your state?
In direct income withholding cases, obligor may contest income withholding by registering the order and filing a contest to the order under UIFSA (CGS 46b-213w(j)).

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.
Child support withholdings have priority over other types of wage executions. Current financial and medical support has priority over arrearage payments. Multiple withholdings allocated in proportion to amount of 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.
Not Applicable

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, federal, state and local income taxes, employment taxes, normal retirement contributions, union dues and initiation fees, group life and health insurance premiums (CGS 52-362(a)(2)).

G13. When does your state require the employer to send notice of an employee's termination?
Promptly upon termination (CGS 52-362(k)).
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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?
Option of the employer.

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?
Yes, ACH Debit program for obligors and employers, and Western Union.

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?
No limitation. (CGS 52-362(a)(5).
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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.
Income Withholding: Child support, then medical support.

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?
CGS 52-362(g)
For Additional Information - exit disclaimer

G21. Does your state's law require a signature on the income withholding order?


H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
Not Applicable

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% or greater.(CGS 46b-168).
For Additional Information - exit disclaimer

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
May be challenged after duress, fraud, or mistake of fact. CGS Sec. 46b-172(a)(2).
For Additional Information - exit disclaimer

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
10/01/1991

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
"New trial" could be petitioned for.

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
An acknowledgment of paternity or court paternity finding based on clear and convincing evidence such as genetic tests.

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?
Yes

H6.1. If no, briefly explain.
Yes,if executed on or after June 1, 1998.

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?
June 1, 1998

H8. Does your state have any other paternity-related presumptions?
Yes

H8.1. If yes, briefly explain.
If the child is born before the marriage and then the parties subsequently intermarry there is a paternity presumption. CGS 45a-438(b)

H9. Does your state have a putative fathers' registry?
No

H9.1. If yes, what is the name of that entity?
Not applicable

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.
Fees are waived for other IV-D agencies for the purpose of pursuing child support.

H11. Is common-law marriage recognized in your state?
No

H11.1. If yes, briefly describe the standard that defines common-law marriage.
Not applicable

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?
Not applicable

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?
Teleconferencing.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
CGS 46b-160, CGS46b-212 - 46b-213 inclusive
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H14. Does your state recover genetic testing costs for another state?
No

H14.1. If yes, please explain.
Not applicable.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Documents required to get a father's name on the birth certificate are either a voluntary Acknowledgment of Paternity or a court order(Adjudication 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 with a paternity affidavit for each child.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Connecticut uses a combined process

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative process is used only when noncustodial parent agrees to the amount of support indicated by the child support guidelines.

I1.2. Under what circumstances would a judicial process would be used?
Judicial process is used when the noncustodial parent does not agree to the guidelines amount.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Section 46b-172b, of the Connecticut General Statutes, for "agreement to support".
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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)?
The custodial parent's only.

I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Other financial resources available to a parent; extraordinary expenses for care and maintenance of the child; extraordinary parental expenses; needs of a parent's other dependents; coordination of total family support; special circumstances. The deviation criteria are listed in detail at Sec. 46b-215a-3 of the Regulations of Connecticut State Agencies.
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I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Birth of child, date of separation, or three years prior to filing in paternity cases or support cases where the child is born out of wedlock, whichever is applicable. This applies to both fathers and mothers.

I4.2. What information or documentation does your State require to proceed?
Past ability to pay, if known; current ability to pay, if past ability not known; if current ability not known, past ability based on work history, if known. If not known, state minimum wage in effect during that period. If based on existing court order, an arrearage affidavit of the payee.

I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See I4.1.

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?
Acknowledgement of paternity, CGS 46b-172a; Agreement to Support, CGS 46b-172b; administrative genetic testing, CGS 46b-168a; lien against real or personal property of obligor, CRA reporting, Lottery prize offset, CGS 52-362d; tax refund offset, CGS 52-362e.
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I6. What is your state's statutory authority for the administrative process?
46b-172a; 46b-172b
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.

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.

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?
Yes; and also a new guidelines study and order modification.

I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official.

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. **


I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses Cash medical support Extraordinary expenses - medical expenses in extraordinary situations

I17. Please provide the relevant statutory or case law citation.**
46b-215a; 46b-215b
For Additional Information - exit disclaimer

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. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case.

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?
Administrative.

J2.1. What are the trigger criteria for filing a lien?
Past Due Support of $500 or more.

J2.2. Where are your state liens filed?
Real Property - town clerks.

J2.3. Does your state charge a fee for filing a lien?
Yes

J2.4. If yes, please indicate the amount.
$10.00 - $15.00.

J.3. Does your state enforce property seizure and sale?
Yes

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Administrative and judicial. Administrative under CGS Sec. 52-362d(d),(e) requires $500 overdue support (i.e., delinquency).

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?
When case becomes delinquent, concurrent with freeze notice to institution.

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.

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?
The state.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Concurrent with notice to institution.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
$500.00 minimum delinquency. No specified number of months delinquent. No accounts exempted.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$500.00.

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
None

J5.3.1. If yes, please provide the time frame.
Not applicable

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.
Not applicable

J5.4.2. Is the percentage different for joint accounts?
No

J5.4.3. If yes, describe.
Not applicable

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?
N/A.

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?
Sixty (60) days.

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?
45 days of receipt of administrative hearing decision.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistaken identity, wrong amount, amount less than minimum, no orders.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Both, if appealed.

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial.

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
45 days from date of receipt of administrative hearing decision. No unique requirements. No recourse for non-debtor.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Not automated.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
Per CGS Sec. 52-362d(d), an order of another state must be registered in this state.

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.
Not applicable

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.

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
No time specified.

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 for all forms of funds/benefits. Same criteria as listed in J4.1.

J7. Describe any other administrative enforcement procedures your state may have.
Administrative withholding of lottery winnings under CGS Sec. 52-362d(c); CRA reporting; no debt threshold.

J8. Describe any other judicial enforcement procedures your state may have.
Yes; contempt citation under CGS Sec. 46b-231 and criminal prosecution under CGS Secs. 53-304 to 53-308, inclusive.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Register order for enforcement under UIFSA and request lien remedy, fully describing the subject property, including type and location.

J10. Which of your state's enforcement remedies are available without judicial actions?
Income withholding.

J11. Describe your state's procedures for registering and enforcing another state's order.
UIFSA registration under sections 46b-213g to 46b-213n, inclusive of the Connecticut General Statutes. Support Enforcement Services files documents in registry of support orders in Family Support Magistrate Division and notifies non-registering party. If non-registering party fails to contest registration, order is confirmed. If non-registering party contests registration, a hearing is held. Support Enforcement Services uses all available remedies to enforce order.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes

J13.1. If yes, provide the statutory citation.
Sections 52-604 to 52-609, inclusive of the Connecticut General Statutes.
For Additional Information - exit disclaimer

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Connecticut will only report information to participating credit reporting agencies in IV-D cases(AFDC and Non-AFDC). The total amount of overdue support on a case must be at least $1000.00. A notice of action must be mailed to the obligor and provide the obligor an opportunity to request a fair hearing.

J15. To which credit bureaus does your state report an obligor's child support information?
Experian

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
MSFIDM, FIDM

J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1, Registration Request (with certified affidavit of arrearage), and verification of asset.

J20. What mandatory data elements does your state need to process AEI requests?
See J19-all relevant information and documentation as required with registration of order, copy of the most recent data match for asset.
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?
See J20

J22. How many copies/sets of documents does your state require with an AEI request?
Same requirements as registration request through Central Registry.

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?
Registration of order and an overdue balance (delinquency) of $500.00 or more.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
See J18-J23 Per CGS Sec. 52-362d(d), an order of another state must be registered in Connecticut.

J25. What is the procedure for obtaining a certified copy of a court order?
A certified copy of a court order can be obtained by contacting the clerk's office of the court for the jurisdiction the order was established in.

J26. What is the procedure for obtaining a certified payment record?
A certified payment record can be obtained by contacting the Support Enforcement Services office for the jurisdiction in which the noncustodial parent resides.

J27. Is there a cost for requesting a certified copy of a court order or payment record?


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?
Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

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?


K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
As requested by either parent, but no more frequently than every three years unless there is a substantial change in circumstances.

K2. Briefly describe your state's modification procedure.
On request of either parent and, in TANF cases, in accordance with Deficit Reduction Act of 2005. A direct interstate referral form requesting review and adjustment of the order must be sent to the local Support Enforcement Services(SES) office. SES will prepare appropriate motion if jurisdiction can be obtained. SES will notify the requesting jurisdiction of results.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
There must be a 15% change in income, or a change in circumstances.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
Additional children or a change in living arrangements for the child(ren)

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?
Not applicable

K6. How does your state credit SSA disability to current and past-due support?
A guidelines study is done. The NCP is credited on the current support amount for the SSA benefit. The NCP is then ordered to pay the difference between the guidelines amount and the SSA credit/adjustment.

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.
Yes

K7.1. If yes, explain the circumstances?
In situations where there is a court ordered change in custody to the obligor and support is not addressed, it is automatic by operation of law. If an NCP is institutionalized or imprisoned, a modification is required.

K7.2. What is the statutory citation for your abatement law?
46b-224 (Custody Change) , 46b-215e(prison)

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.
Transmittal #3

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.
The names of both parents, in addition to the child's name, date of birth and place of birth. All requests must be sent to the following: CT Department of Public Health State Office of Vital Records 410 Capitol Ave. MS#11VRS P.O. Box 340308 Hartford, CT 06134-0308 Transmittal #1, Registration Statement (if not already a registered order), Uniform Support Petition, General Testimony (including the affidavit of arrears), certified copy of current court order and copy of all prior orders

K8. What information does your state require to register an out-of-state order for enforcement/modification?
For enforcement only: Transmittal #1, two copies, including one certified copy, of the order to be registered, including any modification of the order, CGS 46b-213h(a) For registration for enforcement and modification: Transmittal #1, Registration statement, Unform Support Petition, General Testimony including arrears affidavit, certified copy of the most recent court order plus copies of all modifications.

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?
No, but an amount in accordance to the guidelines can be established administratively. This amount typically is 50% of the current support amount.

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?
The arrears payment amount only.

K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child marries The child is adopted by someone other than the non-custodial parent The child support order states that child support ceases prior to the normal duration

L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
N/A

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Lien

L8. What other documents does your state use to attach lump sum payments?
Notice of Seizure of Assets

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?
No.

L9.1. If yes, what are those limits?
Not applicable

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Yes.

L9.3. If yes, what are those limits?
Pursuant to CCPA, Section 1673 of Title 15 of the United States Code; no more than 85% of first $145.00 of weekly disposable income. There must be overdue support greater than $500.

L9.4. If no, what percentage is the employer required to withhold?
Not applicable

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No

L10.1 If yes, would the employer only withhold for that period's obligation?


L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
Systems and Methods Inc.

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
Systems and Methods Inc.

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No

L13.1 If so, are there fees involved?


L14. What are the fees associated with using the card?


L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location Payment may be made by preauthorized withdrawal from a financial institution account Payments may be made by income withholding payments may be made by check or warrant Payments my be made by electronic funds transfer Payments may be made in cash at specified offices

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 may be made by check Payments may be made by electronic funds transfer

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority All payments are processed upon receipt

L18. Does your state process electronic payments in international cases?**
No

L18.1 If so, describe the process.**


L19. What is your state's International Bank Account Number (IBAN)?**


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
Not applicable

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
No.

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?
Yes. There must be a minimum of $500.00 owed in overdue support

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)?
No requirement.

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.
No.

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?
Not applicable

M3.1. Provide the statutory citation.
17b-137(c)(2)

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.
52-362(d)

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes. 60 days. Connecticut General Statutes (CGS) 52-362

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?
An immediate wage withholding must be issued on the carrier(Insurance Company), not the workers' compensation agency.

M7.1. What is the process, the points of contact, and what forms?


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)



Delaware


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Three - New Castle County, Kent County, and Sussex County

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No

A2.1. If yes, what is the statutory citation?


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.


B1. What is the statutory citation for your state's UIFSA?
Delaware Code, Title 13, Chapter 6
For Additional Information - exit disclaimer

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and two copies.

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.)
Australia, Canada, Czech Republic, El Salvador, Finland, Germany, Hungary, Ireland, Israel, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, United Kingdom

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.
N/A

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.
N/A

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?**
No

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).)**
No

D1. What is the age of majority in your state?
18

D2. What is the statutory citation for the age of majority?
13 Del. C sec 501 (a)(b)(c)(d)
For Additional Information - exit disclaimer

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 and the child is no longer in high school.

D4. Does the date of the order determine the law that is applied?
No

D4.1. If yes, please explain.
N/A

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)?
No

D6.1. If yes, please explain.
N/A

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.
N/A

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes, if there are established arrears and an arrears payment on the case.

D8.1 If not, how does this affect interstate referrals?
N/A

E1. What is your State's statute of limitations for collection of past-due support?
The State of Delaware does not have a statute of limitations on collection of past due support.

E2. What is your State's statute of limitations for paternity establishment?
Child is 18 years old.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A

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)?
Melson Formula

F2. Does your state charge interest on arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

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.
N/A

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.
N/A

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
If a court order requires the non-custodial parent to pay a percentage of un-reimbursed medical expenses, the child support office will enforce that portion under the following circumstances. 1) The non-custodial parent has been informed of the medical debt. 2) The non-custodial parent has been given an opportunity to pay the bill or make arrangements with the custodial parent. 3) If both 1 and 2 have been completed and the non-custodial parent has failed to pay back the debt, the custodial parent can request enforcement by completing the designated medical forms at the IV-D agency. The medical forms ask for information with regards to ER/Hospital, date of treatment, cost of treatment, amount covered by insurance, balance due, percentage of amount to be split between the custodial and non-custodial parent. The IV-D agency would then file a contempt petition on the custodial parent's behalf for un-reimbursed medical debt.

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?
Application fee of $25 in cases in which the custodial parent has never recieved a state issued benefit

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic testing fees, if applicable.

F7. Does your state recover costs on behalf of the initiating state?
No

F7.1. Optional comments regarding recovery of initiating state's fees.
N/A

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
13 Del. C sec 6-201
For Additional Information - exit disclaimer

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
Will enforce spousal support only if there is a corresponding current support order for child support.

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)
No

F10.1. Optional comments regarding required information on spouse or partner.
N/A

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?
After $500 in collections, the $25 fee is retained from the next payment to custodial parent.

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?
No

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?
October 1, 2009

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes - Disregard amount is up to $50 per month.

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?
No

F15.1. If yes, list the eligible assignments your state would discontinue.


F15.2. When will your state discontinue each type of assignment?
N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA

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?
A new support petition must be filed on behalf of the new payee via the Family Court.

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?
A petition to establish a child support petition must be filed with the Family Court.

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?
A petition to establish a child support petition must be filed with the Family Court.

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
After $500 in collections, the $25 fee is retained from the next payment to custodial parent.

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 Fees DRA Fees

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G1. What specific source of income is not subject to withholding?
Supplemental Social Security Benefits

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?
N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Delaware Code allows employers to charge a "reasonable" fee - general rule is up to, but not to exceed $2.00

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
7 days

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
On or before the date the employee is paid.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Contempt petition would be filed in the State of Delaware Family Court. The Family Court Commissioner would determine sanction after court proceeding.

G7. What is the penalty to an employer for failure to remit payments withheld?
Not more then $1000.00 for a first offense or imprisoned not more then 90 days or both. For each subsequent offense shall be fined not more than $5,000.00 or imprisoned not more than 1 year, or both.

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
A complete UIFSA packet must be submitted to DCSE. At least one of the parties must reside in DE for UIFSA to be processed.

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.
N/A

G10. How does an obligor contest income withholding in your state?
In writing, to the Administrative Hearing Officer.

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.
Child support attachment has priority over any other attachment, except for federal tax liens, regardless of whether such other attachment was perfected prior to the support attachment.

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.
N/A

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: union dues, medical insurance premiums, taxes, pension plans up to 3%

G13. When does your state require the employer to send notice of an employee's termination?
Upon termination

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?
N/A

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

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?
Employer

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, arrears, medical support

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?
Federal Distribution

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A

G21. Does your state's law require a signature on the income withholding order?
No

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.
N/A

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99% or above

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.


H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.


H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
By the person filing the appropriate documentation in the Family Court.

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.
If the parents were married at the time of the child's birth, there is no provision in Delaware law that allows the father's name on the birth certificate to be a conclusive determination of paternity. The presumption is rebuttable and subject to challenge.

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?
07/11/2003

H8. Does your state have any other paternity-related presumptions?
No

H8.1. If yes, briefly explain.
N/A

H9. Does your state have a putative fathers' registry?
No

H9.1. If yes, what is the name of that entity?


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.
N/A

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?


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?
The Custodial Parent must submit a signed and notarized "Affidavit of Paternity" to the Family Court via the IV-D agency.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Delaware Code Title 13 Chapter 6-201
For Additional Information - exit disclaimer

H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
Genetic testing costs are recovered if included in the ordered obligation.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Valid Acknowledgement of Paternity or Court Order.

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 UIFSA packet can be sent which includes documentation of paternity for each child.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial Process

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A

I1.2. Under what circumstances would a judicial process would be used?
In all circumstances.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A

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)?
The custodial parent's income is also considered.

I3. What criteria for rebutting your presumptive guidelines have been established in your state?
In some situations, the individual can file with the Family Court if they disagree with a support order.

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
No more than two years, or retroactive from the date the document (petition) was filed with the Family Court, or child's date of birth.

I4.2. What information or documentation does your State require to proceed?
Certification of mailing, filings date, financial information from the parties.

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.
Retroactive award of support prior to date of filing is within discretion of judicial officer. Petitioner is responsible for providing adequate explanation of reason(s) for failure to file for support sooner.

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?
The Voluntary Acknowledgement of Paternity allows paternity to be established via agreement of the parents. DCSS can also order administrative genetic testing with the agreement of both parties. Administrative enforcement tools include: IWO, state and federal tax offset, passport denial, license suspension, FIDM, CSLN.
For Additional Information - exit disclaimer

I6. What is your state's statutory authority for the administrative process?
13 Del C. sec. 2205
For Additional Information - exit disclaimer

I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
Establishment

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? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor

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? **
Child-care expenses

I17. Please provide the relevant statutory or case law citation.**
Family Court Rule 502 & 503

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. **
The use of mediation, conciliation, or similar processes is mandatory in every child support case

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 procedures

J2. Is the lien process in your state judicial, administrative, or both?
Both

J2.1. What are the trigger criteria for filing a lien?
Varies - IV-D Case

J2.2. Where are your state liens filed?
Register of Wills, Clerk of Court, Prothonotary, Attorneys' of Record, or Sec. of Industrial Accident Board, Financial Instituation, Insurance Company

J2.3. Does your state charge a fee for filing a lien?
Yes

J2.4. If yes, please indicate the amount.
Amount varies

J.3. Does your state enforce property seizure and sale?
No

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial procedure

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?
NCP is sent notification 3 days after Notice of Lien is sent to financial institution.

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No

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?
State

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
$1,000 minimum arrears AND 60 days no voluntary pay. FIDM levy seizure, tax intercept, lottery intercept and administrative offset not considered voluntary pay.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1,000.00

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes

J5.3.1. If yes, please provide the time frame.
60 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.
n/a

J5.4.2. Is the percentage different for joint accounts?
Yes

J5.4.3. If yes, describe.
Dependent upon proof and attribution of funds deposited into account.

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?
n/a

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?
20 days, in writing to Administrative Hearing Coordinator

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?
n/a

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
NCP incorrectly identified as delinquent obligor, no child support payment is past-due, incorrect arrears amount, filing of bankruptcy, or not a IV-D case.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative with appeal to Judicial

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Within 20 days from date of notice, account holders must file a request in writing. Only three issues can be raised (obligor is not the person, arrears are incorrect, child support payments were made in last 60 days). Recourse for non-debtor permitted.

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Not completely automated.

J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
Proper notice and appeal opportunity requirements must be met for lien/levy activity. Certain delinquent cases are excluded: Collection only, Intact family, Bankruptcy, PFA.

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.
n/a

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?
State IV-D agency

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
20 days after issuance of levy notice

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?
Worker's compensation, unemployment compensation - judicial and administrative procedures.

J7. Describe any other administrative enforcement procedures your state may have.
Wage withholdings to employers

J8. Describe any other judicial enforcement procedures your state may have.
Incarceration, lump sum payments and purge payments.

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
N/A

J10. Which of your state's enforcement remedies are available without judicial actions?
None

J11. Describe your state's procedures for registering and enforcing another state's order.
Arrears required. Once received, a copy of the arrears and last out of state court order and the other states UIFSA legislation sent to State Attorneys office in a formal letter for signature. The signed packet (petition) would be sent to the Clerk of Court in the State of Delaware Family Court. Family Court will serve the non-custodial parent. If the non-custodial parent does not contest the registration, the registration will be confirmed in about 30 days.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No

J13.1. If yes, provide the statutory citation.


J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Yes; however, notice requirements under Delaware law must be met.

J15. To which credit bureaus does your state report an obligor's child support information?
Experian

J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative

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.
None at this time.

J19. What documentation does your state require to proceed with an AEI request?


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?
Yes

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?
Certified copies of court orders must be obtained through Family Court of the State of DE.

J26. What is the procedure for obtaining a certified payment record?
Certified payment records can be obtained through the IV-D agency via written or telephone request.

J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is no fee for a certified payment record for a IV-D case. Family Court retains the right to charge at their discretion for a certified order.

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?
DCSS policy reflects federal regs and DE Code. There are no policies that specifically address low income parents or hardship cases, although the Family Court can order DCSE to lift a suspension on a license.

J29. What triggers a driver's license revocation?
Automated system identifies cases that meet eligibility requirements (arrears threshold with no payments, or an active capias) and have a valid DE license.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.

J29.2 If yes, what is the amount?
DE Code states that NCP must owe arrears of $1,000.00 or more, but DCSS is currently noticing cases in which arrears are $3,500.00 or more.

J30. Under what conditions may a noncustodial party restore the driver's license?
The NCP may satisfy the arrears obligation, make a lump sum payment via certified funds equal to 2 months child support obligation, or resolve the outstanding capias.

J30.1 What is the process for restoring a driver's license?
Contact DCSS to make payment or notify of capias status, then follow-up with licensing agency to reinstate license.

J31. Does your state allow temporary or conditional driver's licenses?
No

J31.1 If yes, what are the conditions?
N/A

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes

J33.2 What is the dollar amount?
$150.00 in arrears

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A

J36.2 What is the dollar amount?
N/A

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes

J38.2 What is the dollar amount?
$500.00 in arrears

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Only if credit is given via court order.

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 2.5 years or less if there is proof that a substantial change in circumstances has occurred.

K2. Briefly describe your state's modification procedure.
The IV-D custodial parent muist provide in writing why he/she believes that there is a substantial change in circumstances that warrant a modification of the existing court order, or if the previous court order is over 2 years old. The Division of Child Support Services generates a modification petition to be signed by the State Attorney General's office. Once signed by the State Attorney's office, the petition would be submitted to the State of Delaware Family Court for process service of the parties and scheduling of a Family Court hearing. Non-IV-D parties and non-custodial parents must file directly with Family Court. The Family Court would determine whether a modification of the previous order is warranted.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Generally, the Court will enter a modification upon agreement of the parties, or if there is is a more than 10% change in an obligation that is less than 2.5 years old.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
All are listed above.

K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes

K5.1. If yes, what index does your state use?
Standard of Living Adjustment (SOLA)

K6. How does your state credit SSA disability to current and past-due support?
This is handled at the discretion of the Family Court via court order.

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.
No

K7.1. If yes, explain the circumstances?
N/A

K7.2. What is the statutory citation for your abatement law?
N/A

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.
Certified pay history, birth and paternity records.

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.
Requests should be made to the Delaware Office of Vital Statistics.

K8. What information does your state require to register an out-of-state order for enforcement/modification?
Certified Copies of support orders, certified arrears statement, paternity records, NCP locate and employment verification.

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?
The current support amount can be added as the arrears payment, as long as language indicating such is included in the support order. A Notice of Administrative Adjustment must also be filed with Family Court.

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?
The current support amount can be added to the arrears payment, as long as language indicating such is included in the support order. A Notice of Administrative Adjustment must also be filed with Family Court.

K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration The child support order states that child support ceases before the normal duration

L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
N/A

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
No

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A

L8. What other documents does your state use to attach lump sum payments?
Sequestration Order

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?
No

L9.1. If yes, what are those limits?
N/A

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
N/A

L9.3. If yes, what are those limits?
N/A

L9.4. If no, what percentage is the employer required to withhold?
N/A

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes

L10.1 If yes, would the employer only withhold for that period's obligation?
Yes

L11. Does your state have a direct deposit program?
Yes

L11.1 If so, specify the vendor.
PNC Bank

L12. Does your state have a debit card program?
Yes

L12.1 If so, specify the vendor.
FIS - Fidelity National Information Services

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No

L13.1 If so, are there fees involved?
No

L14. What are the fees associated with using the card?
No fees to the state No customer fees on debit purchases Fees can be assessed if customer makes a balance inquiry at an ATM

L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location Payments may be made by income withholding Payments may be made by check or warrant

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 may be by check

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority 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

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?
Yes

M2.1. If yes, provide the statutory citation
13 Del C 2215A Delaware insurers must report personal injury and workers compensation claims to a data collection organization that cooperates with DCSS.

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Claim data including claimant's name, address if known, claimant's date of birth, social security number or other taxpayer ID number

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
Upon notice of a claim

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)?
Personal Injury or Worker's Compensation Claims

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?
Cases with arrears of $500 or more are eligible for the insurance match program. Once the lien is perfected, the lien remains in effect if the arrears fall below $500 but stay above zero.

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)?
Receipt of Notice of Child Support Lien from DCSS.

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)?
CSLN,OCSE Insurance Match Pogram

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.
13 Del C 2215A Insurer is liable up to the amount that would have been due if the lien had been issued and perfected

M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Insurers are required to respond to Notices of Child Support Lien/Levy and IWOs.

M3.1. Provide the statutory citation.
13 Del C sec. 2205(c)
For Additional Information - exit disclaimer

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notices 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?
IV-D agency

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
13 Del C sec 2215(g)(3) and (4)
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
29 Del C sec. 10122
For Additional Information - exit disclaimer

M6. Are there attorney fees associated with the insurance intercept activity?
N/A

M7. How does another state initiate and intercept collections from your state workers' compensation agency?
File IWO for worker's compensation claims directly with the Delaware Division of Industrial Affairs (DIA).

M7.1. What is the process, the points of contact, and what forms?
N/A

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)
Yes

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?
Yes

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)
Yes

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)
Yes


District of Columbia


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
One

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No

A2.1. If yes, what is the statutory citation?


A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes.

A2.3. If yes, please explain.
The D. C. Bar issued an opinion, D. C. Opinion 240, explaining the unique relationship between the IV-D attorney and the agency.

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


B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
3 (1 original and 2 copies).

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.)
None

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.
N/A

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.
N/A

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?**


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).)**


D1. What is the age of majority in your state?
Age 21, or at the point the minor is self supporting through marriage, employment or military service.

D2. What is the statutory citation for the age of majority?
Age 21, - Case Law - Nelson v Nelson, 548 A.2d 109, 111 (D.C. 1988)
For Additional Information - exit disclaimer

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Age 21

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.
If the child is married and supporting self then yes. If the child is away at school and still being supported by the custodial parent then no.

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 can be paid beyond the age of majority if the child is handicapped.

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.
N/A

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?


E1. What is your State's statute of limitations for collection of past-due support?
12 years

E2. What is your State's statute of limitations for paternity establishment?
Child's 21st birthday

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A

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)?
Shared income, (gross income)

F2. Does your state charge interest on arrears?
No

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A

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.
N/A

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.
N/A

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes

F5.1. If yes, under what circumstances?
If ordered by court

F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No

F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic testing fees may be ordered to be paid by obligor

F7. Does your state recover costs on behalf of the initiating state?
No

F7.1. Optional comments regarding recovery of initiating state's fees.
Unless ordered by court

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
DC Code 13-423
For Additional Information - exit disclaimer

F9. Does your state establish, enforce, or modify spousal maintenance orders?
No

F9.1. If yes, under what circumstances?
Unless child support is included in order

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.
N/A

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?
The District of Columbia will absorb the mandatory fee.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No

F11.2 Does your state collect the fee from the person applying for IV-D services?
No

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?
Yes

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009.

F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes. Up to $150.00 per custodial parent headed household.

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.
N/A

F15.2. When will your state discontinue each type of assignment?
N/A

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA

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?
Create a new case and transfer the court order to the new case

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?
Create a new case and transfer the court order to the new case

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?
An application must be completed and then a new case is created and the court order is transferred to that case

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The District pays the fee

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **


F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).**


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)


G1. What specific source of income is not subject to withholding?
Disability, SSI

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?
N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Up to $2.00 per pay period at option of employer.
For Additional Information - exit disclaimer

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Seven business days after the date of the order or the next regular pay period.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
The same date of the Wage withholding.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Follow up by Court

G7. What is the penalty to an employer for failure to remit payments withheld?
Employer subject to contempt

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
We submit the form entitled Authorization to Withhold Child Support Payment from Unemployment Insurance Benefit

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.
N/A

G10. How does an obligor contest income withholding in your state?
File Petition in court

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 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.
N/A

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

G13. When does your state require the employer to send notice of an employee's termination?
Within 10 days after an employer receives notice that the obligor will terminate employment or within 10 days after the termination, whichever comes earlier. For Additional Information, see D.C. Code 46 216a.

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?
10 days after the termination

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

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?
Employers and Workers' Compensation.

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.
The employer should allocate current child support and spousal support as the first priority then medical support
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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?
Prioritize and distribute according to PRWORA distribution rules.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A.

G21. Does your state's law require a signature on the income withholding order?


H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No

H1.1. If yes, please explain.


H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
For Additional Information - exit disclaimer

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A

H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
03/01/1995

H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes

H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A

H5. Does marriage constitute a rebuttable presumption of paternity?
Yes

H5.1. If yes, how is the presumption rebutted?
That proof that the husband was, at the time of conception: (1) impotent, (2) entirely absent, (3) absent during the period of conception or (4) only present under such circumstances as afford clear proof that there was no sexual intercourse. This is from a case. There is no Internet link, the citation, is S.A. v. M.A., 531 A.2d 1246, 1250 (D.C., 1987)

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.
It depends on the date on which the birth certificate was executed. If the birth certificate was issued after December 23, 1997, then the father s name on the birth certificate is evidence that an Acknowledgement of Paternity was executed, and paternity is conclusively established. Section 16-909.01

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?
May 21, 1992.

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?


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.


H11. Is common-law marriage recognized in your state?
Yes

H11.1. If yes, briefly describe the standard that defines common-law marriage.
Elements of common-law marriage are cohabitation as husband and wife, following express mutual agreement, which must be in words of the present tense.

H11.2. When did your current common-law standard go into effect?
01/01/1950

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?
There was no common-law standard in effect prior to our current standard.

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?
Teleconferencing.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
D.C. Official Code 13-337, Personal service outside District in lieu of publication; D.C. Official Code 13-336, Service by publication on nonresidents, absent defendants, and unknown heirs or devisees; D.C. Official Code 13-423, Personal jurisdiction based upon conduct; D.C. Official Code 13-424, Service outside the District of Columbia; D.C. Official Code 13-431, Manner and proof of service; D.C. Official Code 13-432, Individuals eligible to make service; D.C. Official Code 13-433, Individuals to be served; special cases

H14. Does your state recover genetic testing costs for another state?
Yes

H14.1. If yes, please explain.
We will set up a payment plan to recover genetic testing costs for another state. We will include the payment along with the child support order payment.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Acknowledgement of Paternity or Adoption Order.

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.

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both-Judicial with administrative consent process

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative used when both parties can reach agreement, order must be ratified by court

I1.2. Under what circumstances would a judicial process would be used?
Administrative orders require judicial approval.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A

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)?
None.

I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Needs of child are exceptional, NCP needs period of reduced payments to permit repayment of financial debt or rearrangement of financial obligation,

I4. Will your state establish support orders for prior periods?
Yes

I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
24 months prior to filing date.

I4.2. What information or documentation does your State require to proceed?
Written proof of income from both parties, proof of child care, medical insurance, etc.

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 will not be awarded retroactively if the NCP was incarcerated or had no income

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?
Ordered genetic testing, issuing administrative subpoenas to parties or private entities. Yes
For Additional Information - exit disclaimer

I6. What is your state's statutory authority for the administrative process?
DC Code Title 46; Sec. 226.03 and Title 46; Sec. 226.07

I7. Is there a local state law that allows an interstate administrative subpoena?
No

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

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?
Yes

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?
Yes

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?
Establishment

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?
The D.C. Child Support Guideline is based on physical custody, not legal custody. The new custodian would have to show the court that he or she has physical custody and obtain a new child support order from the court.

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?
The D.C. Child Support Guideline is based on physical custody, not legal custody. The new custodian would have to show the court that he or she has physical custody and obtain a new child support order from the court.

I14. What methods of personal service does your state use? **
A member of the locate unit staff personally serves respondents at home or at work. Respondents may also be served by coming to the child support office to pick up notices.

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. **


I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
There are no add-ons. Extraordinary medical expenses, child care expenses, and health insurance of child are part of the regular guideline calculation.

I17. Please provide the relevant statutory or case law citation.**
D.C. Code 16-916.01

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. **
D.C. encourages mediation or similar consent processes where appropriate.

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?
Any arrearage

J2.2. Where are your state liens filed?
State, Recorder of Deeds

J2.3. Does your state charge a fee for filing a lien?
No

J2.4. If yes, please indicate the 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?
Judicial

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?
When case becomes delinquent

J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.

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?
State

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Notice of Intent to Seize must be sent as soon as IV-D agency is notified by financial institution that account has been frozen.

J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Freeze criteria: ACTIVE CASES: 1. Current support obligation, 30 days past due, or 2. Judgment support obligation, 60 days past due ARREARS ONLY CASES: 1. Total amount of arrears is greater than or equal to $500. Seize criteria: If there is no active wage withholding, and the amount of funds in the financial account is greater than or equal to two months of current support, but not less than $150. If there is an active wage withholding, amount of total arrears is greater than or equal to $5,000 and amount of funds in the financial account is greater than or equal to $2,500.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
There is only a minimum amount the obligor must be delinquent in active wage withholding cases. That minimum dollar amount is $5,000. (See details in J5.1.)
For Additional Information - exit disclaimer

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes

J5.3.1. If yes, please provide the time frame.
For active cases: 1. Current support obligation, 30 days past due or 2. Judgment support obligation, 60 days past due. See details J5.1.

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.
N/A

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.
For seizure action, the following is true: the minimum for cases with no active wage withholding is twice the current support amount but not less than $150, and the minimum for cases with active wage withholding is $2,500. (See details in J5.1.)

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State

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?
The obligor has 15 days from the issuance of the Notice of Attachment to seek an agency review of the freeze. The obligor then has 30 days from the issuance of the Order of Condemnation to seek a review of the seize from the Office of Administrative Hearings.
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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?
Thirty days

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The arrears are inaccurate, notice was issued to the wrong person, or any affirmative defense to enforcement of the judgment.

J5.10. Is your state's complaint review process judicial, administrative, or both?
Both

J5.11. What are your state's penalties for incorrect seizures?
None

J5.12. Is the second challenge administrative, judicial, or both?
Judicial

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
15 days for freeze. 30 days for seize. (See J5.7 for details.)

J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized. Not automated

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.


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, we ask the financial institution to hold the frozen assets during the challenge or appeal time frame or freeze period.

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Within ten business days of receipt of the order of condemnation.
For Additional Information - exit disclaimer

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?
Unemployment Compensation Benefits. (Administrative).

J7. Describe any other administrative enforcement procedures your state may have.
Lottery winnings, passport denial, administrative offset, credit bureau, license revocation, Federal and State taxes

J8. Describe any other judicial enforcement procedures your state may have.
Modifications, civil and criminal contempt

J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
N/A

J10. Which of your state's enforcement remedies are available without judicial actions?
Wage Withholding

J11. Describe your state's procedures for registering and enforcing another state's order.
Submission of case information on UIFSA form

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Will apply all local enforcement remedies

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No

J13.1. If yes, provide the statutory citation.
N/A

J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
No

J15. To which credit bureaus does your state report an obligor's child support information?


J16. Is the method for credit bureau reporting judicial, administrative, or both?
Equifax

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.
Liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, Department of Motor Vehicle actions such as license suspension, passport, and federal tax offset.

J19. What documentation does your state require to proceed with an AEI request?
The case has to be on our system.

J20. What mandatory data elements does your state need to process AEI requests?
Noncustodial parent s first name, last name, Social Security Number, and date of birth.
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?
None.

J22. How many copies/sets of documents does your state require with an AEI request?
Three.

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?
Delinquency.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No

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.
We would ask for Transmittal #1. We would temporarily place case on the system and then initiate freeze and seize actions.

J25. What is the procedure for obtaining a certified copy of a court order?
Submit Transmittal #2 making request.

J26. What is the procedure for obtaining a certified payment record?
Submit Transmittal #2 making request.

J27. Is there a cost for requesting a certified copy of a court order or payment record?
No, not for another state.

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?
D.C.'s policies and practices for driver's license revocation are outlined in the answer to J29. A disabled non-custodial parent can provide proof of disability or people released from prison within 180 days are exempt. Unemployed, people on Temporary Assistance to Needy Families, those in bankruptcy, and people with a new job for which they need a license are also exempt.

J29. What triggers a driver's license revocation?
A non-custodial parent is eligible for driver's license revocation if he or she fails to comply with a subpoena or warrant relating to paternity or child support or if he or she is receiving income and has a child support order that is at least 60 days in arrears. He or she will receive a warning letter. If he or she does not respond within 30 days, driver's license revocation will be triggered.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
There is not a threshold, must be at least 60 days delinquent or have failed to comply with a subpoena or warrant relating to child support.

J29.2 If yes, what is the amount?
N/A

J30. Under what conditions may a noncustodial party restore the driver's license?
The conditions to restore a driver's license are as follows. The non-custodial parent can prevent the license from being suspended in the first place by responding within 30 days to the warning letter. He then pays a month's current support plus an additional 25 per cent toward arrears. The same payment would be necessary to restore a license that has been revoked.

J30.1 What is the process for restoring a driver's license?
The non-custodial parent brings a compliance letter to the D.C. Department of Motor Vehicles.

J31. Does your state allow temporary or conditional driver's licenses?
No

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?
Yes.

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
No.

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?
No

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?
No.

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?
Yes

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes.

J38.2 What is the dollar amount?
$500.00

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes.

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
No, the NCP would need to file a motion with the court.

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years or if there's a significant change in circumstances.

K2. Briefly describe your state's modification procedure.
Notify custodial and non-custodial parents, review current financial information including income, run Guideline, and if change in order amount is 15% or more, file petition with court.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?
15% increase or decrease from present order.

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.
Yes

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.
Yes

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes

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?
None.

K5. Does your state have cost of living adjustments (COLAs) for orders?
No

K5.1. If yes, what index does your state use?


K6. How does your state credit SSA disability to current and past-due support?
Social Security Disability Insurance payments count as income in determining child support order amounts. See D.C. Code 16-916.01 (d) (1)(H) and 16-916.01 (d)(9).

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.
Yes

K7.1. If yes, explain the circumstances?
D.C. will modify an order if a non-custodial parent is incarcerated. D.C. also has a Fresh Start program which will reduce arrears owed to the government for non-custodial parents who meet requirements to make lump-sum payments or to pay current support on a consistent basis.

K7.2. What is the statutory citation for your abatement law?
D.C. Code 23-112(a) and 16-916.01(r)(5).

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.
The other ways that D.C. gets child support referrals besides UIFSA are when customers visit the office and when the IV A a.k.a. TANF agency makes referrals via interfaced systems. Customers should bring paternity information, pay records, employment history, driver s license, day care expenses, etc.

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.
Paystubs, W-2, proof of daycare expenses, proof of private schools

K8. What information does your state require to register an out-of-state order for enforcement/modification?
Department Vital Records. The cost ranges from $15.00 - $20.00

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?
Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony, and current financial information

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?


K10. What circumstances will cause your state to end child support before the normal duration? **


L1. Does your state define a lump sum payment?
No

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A

L1.2 Provide the statutory citation.
N/A

L2. Does your state law require employers to report lump sum payments?
No

L2.1 If yes, give the statutory citation or rule.
N/A

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A

L4. How are employers instructed to report a pending lump sum?
Employers usually send a letter or transmittal, but there are no specific instructions on how 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?
Five (5) business days from the date the notification is received by CSSD.

L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes

L7. Does your state use the lien/levy process to attach lump sum payments?
No

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?
None.

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?
No.

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?
Yes.

L9.3. If yes, what are those limits?
65% of obligor s disposable income.

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?


L12.1 If so, specify the vendor.


L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?


L13.1 If so, are there fees involved?


L14. What are the fees associated with using the card?


L15. How does your state collect child support payments from an obligor? **


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? **


L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **


L18. Does your state process electronic payments in international cases?**


L18.1 If so, describe the process.**


L19. What is your state's International Bank Account Number (IBAN)?**


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.


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
N/A

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A

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

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?
Yes

M3.1. Provide the statutory citation.
46.226.03 (a)(2)

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.
46.226.03 7(a)(2) - the statute does not actually say that. It is silent about notice.

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
N/A

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?
The other state must register the court order

M7.1. What is the process, the points of contact, and what forms?


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)



Florida


A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
36

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes

A2.1. If yes, what is the statutory citation?
Section 409.2564(5), Florida Statutes. See link below.
For Additional Information - exit disclaimer

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes

A2.3. If yes, please explain.
Court rules, judicial opinions, and bar opinions state that the IV-D attorney represents only the IV-D agency and not the individual who receives IV-D services.

B1. What is the statutory citation for your state's UIFSA?
Chapter 88, Florida Statutes. See link below.
For Additional Information - exit disclaimer

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
1 original and 1 copy of all documents.

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.)
Bermuda, Quebec (Canada), Fiji, Jamaica, and South Africa.

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.
N/A

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.
N/A

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).)**


D1. What is the age of majority in your state?
18

D2. What is the statutory citation for the age of majority?
Section 61.14(9) and 743.07, Florida Statutes. See link to s. 61.14(9) below.
For Additional Information - exit disclaimer

D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18

D4. Does the date of the order determine the law that is applied?
Yes

D4.1. If yes, please explain.
This statute operates prospectively and does not affect the rights and obligations existing prior to July 1, 1973. (s. 743.07(3), Florida Statutes).

D5. Does child support end if the child leaves the household, but does not emancipate?
No

D5.1. Optional comments regarding emancipation.
Child support terminates at age 18 unless otherwise ordered.

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.
If a court declares a minor child(ren) dependent beyond age 18 due to mental or physical disability; if the child is 18 and still in high school and will graduate before age 19; or if support is otherwise ordered.

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?
Yes

D7.1. If yes, please describe the procedure.
Only for child support orders entered on or after October 1, 2010, if provided by the terms of the support order. For multiple child orders, a step-down schedule is required, s. 61.13(1) FS.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes. In cases where the request is for collection of arrears only, all children are over the age of 23 or all arrears to be collected are assigned to the requesting state, additional information will be requested regarding past actions to collect on the case to determine if there are any legal barriers to our program taking enforcement action.

D8.1 If not, how does this affect interstate referrals?
N/A

E1. What is your State's statute of limitations for collection of past-due support?
None, but the equitable defense of laches is available.

E2. What is your State's statute of limitations for paternity establishment?
Four (4) years after the child's 18th birthday. Section 95.11(3)(b) Florida Statutes.
For Additional Information - exit disclaimer

E3. Is dormancy revival/renewal possible?
No

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A

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)?
Income shares

F2. Does your state charge interest on arrears?
Yes

F2.1. If yes, please indicate the amount of interest charged and any related conditions.
The Clerk of Court calculates interest for final judgments. Interest rates on judgments are determined annually by the state's Chief Financial Officer as provided by Section 55.03, F.S. The IV-D agency does not assess or collect interest on past-due support unless reduced to judgment in a private action or a judgment for interest is provided by another state.
For Additional Information - exit disclaimer

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.
N/A

F4. Does your state charge interest on adjudicated arrears?
Yes

F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Please refer to question F2.1.

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No

F5.1. If yes, under what circumstances?
Florida will enforce noncovered medical expenses of the minor child based on the order terms if the expense has been incurred and paid for by the obligee.

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?
None.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?
A nonprevailing obligor may be assessed costs by the court.

F7. Does your state recover costs on behalf of the initiating state?
Yes

F7.1. Optional comments regarding recovery of initiating state's fees.
None

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Section 48.193, F.S.; Section 88.2011, Florida Statutes (UIFSA). See link for s. 48.193 below.
For Additional Information - exit disclaimer

F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes

F9.1. If yes, under what circumstances?
Florida will enforce spousal support order only in conjunction with a child support obligation, and if the child named in the child support order is a minor and is residing with the individual for whom spousal support is ordered.

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)
Generally not.

F10.1. Optional comments regarding required information on spouse or partner.
This information may be required by s. 61.30(12), Florida Statutes, if a parent with a support obligation has other children living with him or her who were born after the support obligation arose. For additional information: http://goo.gl/DQjUj

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?
The state pays the fee.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No

F11.2 Does your state collect the fee from the person applying for IV-D services?
No

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?
Yes

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
June 1, 2009

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?
Yes

F15.1. If yes, list the eligible assignments your state would discontinue.
Post 10/01/1997 Pre-Assistance Arrears/Temporary Arrears/Conditional Arrears

F15.2. When will your state discontinue each type of assignment?
June 1, 2009

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA

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?
Provide notice to the parties and an opportunity for hearing before a new order is entered.
For Additional Information - exit disclaimer

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?
Refer to question F17.
For Additional Information - exit disclaimer

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?
Refer to question F17.
For Additional Information - exit disclaimer

F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The State of Florida pays the fee and does not collect it from either party.

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, court filing fees.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes, we send them manually from a Transmittal 2.

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes, we send them manually from a Transmittal 2.

G1. What specific source of income is not subject to withholding?
US veterans disability benefits, except as remuneration for employment defined in 42 USC, Section 659(a) and (h), public assistance benefits, and unemployment compensation benefits. The Title IV-D program can intercept unemployment compensation benefits pursuant to s. 443.051(3), Florida Statutes.
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?
N/A

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Administrative costs of $5.00 for the initial payment, and $2.00 for each subsequent payment, may be collected from the income of the parent who owes support. See Section 61.1301 (2)(d)6., Florida Statutes.
For Additional Information - exit disclaimer

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 payment date which occurs more than 14 days after the date the income withholding notice was served on the payor.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 2 days after each date the parent who owes support is entitled to payment from the payor.

G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Cases are reviewed by local offices and given to IV-D attorneys for judicial enforcement when appropriate.

G7. What is the penalty to an employer for failure to remit payments withheld?
An employer or other payor of income may be held liable for the amount that should have been deducted, plus costs, interest, and reasonable attorney fees.

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No

G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A

G8.2. What documents are required to intercept UI benefits?
The initiating state must initiate a two-state action for enforcement.

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.
Only if the insurance company is subject to long-arm jurisdiction by the initiating state.

G10. How does an obligor contest income withholding in your state?
By filing a petition in circuit court or if the income withholding is pursuant to an administrative order, or by filing a petition with the IV-D agency.

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.
When there is more than one income withholding order or notice against the same parent who owes support, the amounts available for income withholding must be allocated among all families who are due support as follows: (a) For computation purposes, all obligations must be converted to a common payroll frequency, and the percentage of withholding must be determined as allowed under s.303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended. The amount of income available for withholding is determined by multiplying that percentage by the parent who owes support's net income. (b) If the total monthly support obligation to all families is less that the amount of income available for withholding, the full amount of each obligation must be withheld. (c) If the total monthly support obligation to all families is greater than the amount of income available for withholding, the amount of the withholding must be prorated, giving priority to current support, so that each family is allocated a percentage of the amount withheld. The percentage to be allocated to each family is determined by dividing each current support obligation by the total of all current support obligations. If the total of all current support obligations is less than the income available for withholding, and past-due support is owed to more than one family, then the remainder of the available income must be prorated so that each family is allocated a percentage of the remaining income available for withholding. The percentage to be allocated to each family is determined by dividing each past due support obligation by the total of all past-due support obligations. For Additional Information: http://goo.gl/6ctzk

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.
Allocation of support is addressed in s. 61.1301(4), Florida Statutes (1998 Supp.).