Government IV-D Child Support Agencies
Collection Tips Tagged child support, child support enforcement, government child support agencies March 3rd, 2009Each county in the United States must provide child support enforcement services; however, each state uses different agencies. For example, in Ohio and Wisconsin the child support agency is called the Child Support Enforcement Agency; in Michigan it is The Friend of the Court; and in Texas it is the Attorney General’s Office of Child Support.
Child support agencies across the country are referred to as the IV-D (4-D) agency. IV-D comes from the 1975 Social Security Act, which created local child support enforcement agencies in every state. These agencies are all required to provide equal services to all families in need; families currently receiving public assistance, as well as, those that are not. When providing services, the IV-D agency must follow federal and state child support laws and regulations.
Required by Federal Law to Provide the Following Services:
• Locate Absent Parents
• Establish Orders
• Establish Paternity
• Enforce Orders
• Modify Orders
• Establish and Enforce Medical Support Orders
• Distribute Payments with -In Two Days of Receipt
• Operate New Hire Registry to Identify Noncustodial Parents Who Owe Support Sot He Wages Can Be Attached
• Attach State and Federal Income Tax Refunds to Collet Back Support
• Seize Assets to Collect Support
• More……
Who Does What in the Child Support Enforcement System
U. S. Congress - federal laws which are binding on states and approves funding for title IV-D of the social Security Act government child support enforcement agencies.
For example : federal funding for 66%of the cost of state/county Title IV-D Child Support programs
U. S. President - Responsible for Executive Branch of government with implement laws passed by congress and monitors expenditures approved in budget. Appoint Cabinet member, U. S. Secretary of Health and Human Services who is responsible for child support programs
State Legislatures - enact state laws which mirror federal laws and other laws which are in addition to those which do not change or decrease federal mandates in any way. Approve state budget for state/county child support enforcement programs and agencies. Affects all agencies involved: courts, prosecutors ( DA’s, state attorneys etc.), sheriffs, clerk of courts, county board of commissioner( supervisors, county legislature).
For example: in addition to the 66% federal reimbursement county agencies will receive ___ in state funding.
Designated State IV-D Agency: receives federal funding for state child support agency, has contracts with other government agencies and vendors to deliver services ( see list below). Responsible to implement laws and regulations( explanation of the laws), supervise staff/ vend-dor/contractors, responsible to ensure federal and state laws are followed and properly implemented. All contracors are paid with federal funds at least in part.
Organized in three basic ways:
State operated- most employees work for the state, contracts with prosecutors, sheriffs and vendors for some services
State supervised county operated: passes regulations for counties to follow and passes doewn federal funding to counties for operations. State supervises county implements.
Hybrid: State and county split authority and duties based on state specific laws and regualtions
Contracted and In-House Parts of a State Child Support System:
Caseworkers are employees of the state in a state operated system. They are employees of the county in a state supervised county run system. Hybrids include situation where caseworkers can either employees of either the state or county.
1. Intake- opening cases can be done at:
a. At the designated IV-D Agency
b. courts - at time of divorce or establishment of paternity
c. Welfare Agency- required when on goes on public assistance and other cases if this
agency is designated State IV-D Agency
d. by mail - required by federal law
e. Prosecutor ( DA, State’s Attorney, contract attorney) - if specified in their contract
f. Hospitals: - at time of birth for paternity cases - if specified in their contract
g. other - as specified in contract
2. Locating Absent parents and their income and assets
a. Designated IV-D Agency - required by federal law for federal and state parent locator service
b. Other State agencies- e.g. CA Franchise Tax Board
c. Private sources such a credit bureaus- most states do his as part of state parent locator service
d. Investigative Units- e.g Sheriff’s Department, private investigators
3. Establishing Paternity
a. Hospitals- at time of birth as specified in contract
b. attorney - prosecutor, or private attorney- as specified in contract
c. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
d. courts- referees ( magistrates, hearing officers, etc.) for court cases
e. various county agencies to voluntarily establish paternity such as birth registrar, health Department, WIC , etc.- as specified in contract.
4. Establishing Orders
a. attorney - prosecutor, or private attorney- as specified in contract
b. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
5. Enforcing Orders
a. attorney - prosecutor, or private attorney forcivil processes- as specified in contract
b. hearing officers at IV-D agency- for administrative enforcement hearings. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
d. prosecutors( DA’S , state attorneys) - criminal non support - referal sent by IV-D and their contractors as specified in contracts- also people can contact directly
6. Process of Service ( serving legal notice)
a. sheriff- as specified in contract - some state prohibit contracts but require sheriff to perform this duty under state law
b. Private process servers- as specified in contract
7. Court Document Record Keeping
a. Clerk of Courts
8. Court - federal law allows state IV-D program to reimburse courts for staff and expenses incurred on child support cases. In most states this include Domestic Relations and Juvenile Court
a. Judges - as specified in contract
b. Hearing Officers - as specified in contract
9. Payment Processing - State Disbursement Units (SDU)
a. Designated IV- D Agency
b. Private vendor such as ACS, Bank One, etc..
c. State Treasurer’s of other State agency - e.g. MN
d. Debit card companies for electronic transfer of funds- e.g. US Bank dos this for MN
10. Probation Departments - Criminal cases ( except NJ where Probation Department is the county IV-D agency)
a. probation officer- monitor payments of those guilty of criminal non support- interact with courts, prosecutors and IV-D agency to do this - a specified in contract
11. U. S. Attorneys- receives referrals fro federal criminal non support charges from IV-D- people can contact directly too
a. investigators- work for U. S. Attorney or can be FBI agent or can be from, PSOC, Please Save our Children, who are U.S ,Marshals and local law enforcement personnel.
b. Assistant U.S. Attorney - as specified in contract
c. U.S. Marshal- apprehend and transport those charge with federal criminal non support.- as specified in contract
March 23rd, 2009 at 7:30 pm
Child support is a monthly disbursement payment. Do U.S. States/U.S. Territories Child Support Judges/Administrators and Child Support Enforcement Division/State Disbursement Unit have the right to disburse court order child support and arrears payments on a Bi-Weekly Disbursement Plan to the custodial parent? Bi-Weekly Plan does not meet the required obligated that the non-custodial is to pay every month. What can be done to reverse the Bi-Weekly Plan to a monthly or semi-monthly Disbursement Plan? Thank you for giving me a quick email response. Sincerely, Judymae
April 4th, 2009 at 10:09 am
As long as the correct amount is disbursed monthly, allowing for 5 week month, the state disbursement unit is following the law. The law is based on monthly disbursement of orders, which can be paid weekly, bi-weekly, semi-monthly or monthly. This way their computer system can handle various pay periods.
The correct way to calculate an order is based on 4.3 weeks a month. e.g weekly payment x 4.3.
April 7th, 2009 at 5:09 pm
I have an active order for child support. My ex currently owes over $30K in back child support. We have been divorced since Jan. 2006. I am currently trying to collect the back child support through the court. We have gone to court in February and March of 2009 and scheduled again May 2009. The judge keep giving him more time to pay. Each time he comes to court with the same story that he has made the money but hasn’t gotten a paycheck yet or that he just changed jobs. He never brings any paystubs, W2’s or bank statement as required according the the court order, however they still take his word that he is going to pay. What is my next step in collecting child support since the court is failing me and mostly my children? They entered a judgement in the amount of $30K, is there a way for me to collect on that judgement myself?
Thanks,
Donna
April 7th, 2009 at 8:32 pm
Consider filing criminal non support charges, you have to have evidence he had income but filed to use it to pay his child support obligation. It sounds like he testified at the civl hearing he had income so this should be enough for the county prosecutor to file changes.
Criminal non support laws vary see this page to find out about your state http://www.esingleparenting.com/finance/criminal-non-support.html
April 18th, 2009 at 1:50 pm
Dear Government IV-D Child Support Administrator:
The child receiving eligible child support payments has not been given a modification to review to increase child support amount in 10 years, as there were substantial change of circumstances. Recently, there is a modification to increase in Feb 2009, when the child is now 16 years almost to majority (18) age. Is there any violations here and that the child is eligible to receive those back payments as defaulted arrears payments for failing to modify case file every four years or 36 months?
April 20th, 2009 at 10:41 am
It is the parents repsonsibility to seek out the modification of the order, it is not automatic, it is “allowable”. There is no way to seek back support based on what if…..
April 23rd, 2009 at 3:19 pm
What can I do to get the father served? The state of TX says they can’t locate him for over three years now, so I don’t even have an order for support yet. I never hear from him.
April 23rd, 2009 at 5:07 pm
You could try hiring a private process server in the county where he lives, ususally the clerk of court has a list.
April 23rd, 2009 at 7:59 pm
Dear Gov’t IV-D Child Support Agencies:
This is in reference to my last Question/Comment on modification to increase. The parent requested frequently for modification, but Child Support Enforcement and Court Administrator refused to modify in the period of 10 years until the child turned 16. Application forms to modify were submitted, but no considerations took place by Child Support Office. What can be done here for violations of State Child Support Guidelines.
Question: State Child Support Office still has not collected defaulted payments, according to State Child Support laws. Defaulted payments are in Contempt of Court. How can I get the caseworker to enforce and collect defaulted payments, when Court Administrator does no like non-custodial parent to be in contempt of court?
April 23rd, 2009 at 9:48 pm
When a government child support agency or a court commissioner/referee/magistrate decides against you in a modification hearing you can appeal it to the judge, if a judge rules against you, the decision could be appealed it to the state appeals court. You have to have legal grounds to appeal.
If payments are in default there are many ways to collect them other than contempt. Contempt of court is usually the least likely way to successfully collect child support.
Finding the non-payors assets and attaching them works best, whether that is wages, bank accounts, commissions, worker’s comp., unemployment comp, etc.
April 24th, 2009 at 12:26 pm
Dear Gov’t Iv-D Child Support Agencies:
In reference to defaulted child support payments, there is a new federal law, i,e., “Warning Notice”. This means that the non-custodial parents who are defaulted in child support payments have 20 days to make payments. Defaulted payments occurred in 2003, but court ordered began in 2005 for the non-custodial parent to pay. Why is the State Child Support Office and Child Support Court Referee allowing the non-custodial parent to pay on an installment monthly payment of $50.00? Is this legally right?
Question: Does the Court Referee (Administrative Judge) have the right to reduce the 12% accrue interest per annum for defaulted payment to 6%?
Thanks for providing child support information and its laws.
April 29th, 2009 at 5:03 pm
Default is defined as 30 days behind in payments. Yes the govenrnent child support agency via administrative processes and the court can arrange for installment payments on arrears. In most states there are no guidelines as to the amount which they order for installment payments to catch up on arrears, so if the court referee ordered $50, is it legal.
Concerning reduction of interest on arrears, it depends on what your state law says about the court right’s to reduce the percentage.
May 2nd, 2009 at 2:31 pm
Dear Gov’t IV-D Child Support Agencies:
If the child in custody has medically diagnosed symptoms, distinguished to be identified as “disabled child,” will the child continue to receive child support services from State Government, when he reaches the majority age (18)?
Since the non-custodial parent is still obligated to support a disabled child after 18 years in college, will the child continue to receive its newly modified monthly child support amount and services provided by the State Child Support Services Office.
Thank you for your response!
May 4th, 2009 at 12:19 pm
The government child support agency must provide services as long as there is a valid child suppport order in place, this includes beyond age 18 if the court order so states.
May 4th, 2009 at 7:46 pm
Dear Gov’t I-D Child Support Agencies:
Please let me know if this disbursement is legally done by state court and child support enforcement division.
The court modification order for non-custodial parent to pay $695.00 monthly child support and $50.00 monthly arrears ($500.00) in a bi-weekly disbursement, computed for one year payment. Thus, custodial parent received first payment for the month (April) of $343.85 on the 17th day and the second payment of $343.85 on the next month (May) for the April’s remaining balance for child support and arrears payment ($695.00 and $50.00 monthly).
May 5th, 2009 at 12:15 pm
If you doubt that they are distributing payments correctly ask for an account audit and then file for a grievance hearing if you find a problem.
There are many issues to consider, for example, if payments are being made via an income withholding he could be paid once monthlhy, twice monthly, bi-weekly or weekly.
Once the payment is received the state disbursement unit distribues the payments based on 4.3 weeks per month. In most case this means a 10-45 day delay in payments starting, thenthey should be disbursed a regular intervals and expected amonts taking into consideration the affect of 5 week months (4.3 weeks per month calculation).
May 5th, 2009 at 7:02 pm
Dear IV-D Child Support Agencies:
Is this an Official Court File Documents and Practices in the Disbursment of Required Child Support and Arrears Payments without Notice (No Wages/Earnings Assignment Order)? Taking case example above!
Court File Documents of Findings and Order for the non-custodial parent to pay $695.00 child support and $50.00 arrears. Disbursement of payments in bi-weekly plan in the amount of $343.85 on a federal payroll period, paydays 15th day and 30th day (only two checks in the month), not meeting the total required court ordered amount after the 10-45 day delay in payments, making case file shortfall for the due payment month.
In this case file, the State Law indicated that if there are no due date specific in the initial stipulation court order, then child support and arrears payments must be on the first day of each payment month and that the State Child Support Division has 24-48 hours to disburse or turnover payments to the custodial parent in which this does not always happen. Is there any violation here?
May 6th, 2009 at 8:56 pm
My ex has a child support order from California, where I live. The Court allowed her to move to Oklahoma. She opened a case in Oklahoma to enforce the California Order and opened a case in California to enforce the Order. She has also had her California attorney file for contempt charges in California. Is that an acceptable practice to have so many agencies involved?
May 7th, 2009 at 12:16 pm
Blame the bureaucracy, the current Interstate child support system is set up for her to go to the Oklahoma child support agency who contacts the California child support system to enforce a California order. Payments then flow from California to Oklahoma to the custodial parents and kids.
It is allowable to go directly to the California Child Support Agency but unknown to most folks and discouraged by the bureaucrats, they tell custodial parent that they can’t contact the state where the non-payor lives……
Also, if a person ever received government assistance, and/or if payments go through the government agency and there is a 30 day arrearage an enforcement case is automatically opened to attach wages, federal and state income tax refunds, unemployment benefits, worker’s compensation….. of the non-payor. The government’s goal is to help keep the family off government assistance by ensuring support payments to care for the kids.
However, often the government child support agency is slow to act, so also using a private attorney in the state that issued the order to enforce the order is common.
May 7th, 2009 at 12:32 pm
Judymae:
If they are following the court order/state law all is — OK– if you doubt they are doing so, ask for an audit and if a problem is identified file for a grievance hearing to get it straightened out as I explained above.
If he is working regularly and the support is payroll deducted the payments should be uniform and arrive regularly. Attempting to determine an absolute date the check will arrive if often impossible due to so many variables,such as; pay period, weeks in the month, days allowed for payment processing by employer and state disbursement unit, US mail issues or if direct deposit, bank practices….. but you should be able to identify the amount of support you should receive each month and that should occur.
May 9th, 2009 at 4:35 pm
Dear IV-D Child Support Agencies:
Question 1: This is in reference to Schroeder, May 6th Comment. Does CA Child Support Enforcement Division have the right to refuse to accept transferring Child Support case file from another state, as implied that the initial filing was done in that state, therefore, that state is responsible for those child support cases, where the initial application is filed.
Question 2: On an Electronic Banking Deposits for Child Support Disbursement of Payments, does the State Child Support Enforcement Division have the right to deposit payments in a bank of its choice, and reject the custodial parent’s banking preference (out-of-state bank)in its residential area?
May 9th, 2009 at 8:25 pm
Question 1: Does CA Child Support Enforcement Division have the right to refuse to accept transferring Child Support case file from another state —
Only if all parties are in California — other wise it is the custodial parent’s choice to use the state of residence of the child or the non-payors state of residence or the state originating the order —unless the custodial parent receives or received government benefits, then the state who provides the benefits chooses.
question 2: On an Electronic Banking Deposits for Child Support Disbursement of Payments, does the State Child Support Enforcement Division have the right to deposit payments in a bank of its choice, and reject the custodial parent’s banking preference (out-of-state bank)in its residential area?
Yes, the state disbursement Unit contracts with a contractor and/or bank to provide payments, this is to reduce payment processing costs to taxpayers (parents).
May 11th, 2009 at 6:38 pm
Dear IV-D Child Support Agencies:
In reference to Question #2 on Electronic Banking Deposits: Since the State Disburesement Unit contracts with the State Bank (Local) to deposit payment child support/arrears payments, is it right for the custodial parent to pay those balance inquiry fees on ATM Transactions, since the State of where the custodial parent and child reside does not have a Bank located in the area that of the State Disbursement Unit Bank contract with?
Question: The year is 2009 and the child is 16 years old. Last child support court hearing for a case was in January 2009 to remodify payment month, does the Assistant Attorney who is handling this case file, have the right to tell the custodial parent that there will be no more child support court hearing until the child is 18 years?
Question: Before the remodification of child support case file, there was a court order for the non-custodial parent to pay the ‘uninsured incurred medical/dental expense’ and that there was another court order for the amount the non-custodial parent to pay the 2003 incurred expense billing of $3,750.00 at $50.00 a month until paid. In the remodification court hearing (Jan 2009) to increase child support, can the Child Support Judge or Court Administrator reduce (adjudicate) the incurred expense billing of $3,750.00 to anticipate the unpaid child support payments for Oct 2004/Jan 2005 in which the non-custodial parent has not begun paying the $3,750.00?
May 11th, 2009 at 10:00 pm
Dear IV-D Child Support Agencies: I’m an advocate, not a child support agency. The post is about what IV-D child support agencies are suppose to do under federal law.
Question: Since the State Disbursement Unit contracts with the State Bank (Local) to deposit payment child support/arrears payments, is it right for the custodial parent to pay those balance inquiry fees on ATM Transactions, since the State of where the custodial parent and child reside does not have a Bank located in the area that of the State Disbursement Unit Bank contract with?
Answer: It is legal, but not ethical in my opinion, contact your state legislature and US members of Congress and ask them to change the law and make it illegal
Question: The year is 2009 and the child is 16 years old. Last child support court hearing for a case was in January 2009 to remodify payment month, does the Assistant Attorney who is handling this case file, have the right to tell the custodial parent that there will be no more child support court hearing until the child is 18 years?
Answer: Only if the agency attorney was stating it in the context of the law for a review of case for modification every three years which is part of the federal law.
If the circumstances change either parent has a right to ask for a review and modification of the order.
Question: Before the remodification of child support case file, there was a court order for the non-custodial parent to pay the ‘uninsured incurred medical/dental expense’ and that there was another court order for the amount the non-custodial parent to pay the 2003 incurred expense billing of $3,750.00 at $50.00 a month until paid. In the remodification court hearing (Jan 2009) to increase child support, can the Child Support Judge or Court Administrator reduce (adjudicate) the incurred expense billing of $3,750.00 to anticipate the unpaid child support payments for Oct 2004/Jan 2005 in which the non-custodial parent has not begun paying the $3,750.00?
Answer: A court could decide this as part of a modification order based on evidence presented to them. You would have the right to appeal if you can show it was a mistake on facts or law to do so.
May 13th, 2009 at 12:53 pm
Dear IV-D Child Support Agencies:
IV-D Child Support Agencies stated is to post what IV-D Agencies are supposed to do under federal law.
Question: What can IV-D Regional Office Child Support Agencies do to case file documents presented to their offices about the disputed issues in the way their Child Support Enforcement Division carry out the state, local, and federal guidelines? Examples given here:
-Non-custodial parents have arrears payment uncollected for 5 years, Federal Law indicated that the state and local child support office failed to garnish payments or give out the “Warning Notice,” 20-days; and,
-Audit done by state and local Child Support Enforcement Division of the Accounting Department in providing three Declaration Methods, showing three disputed amount in the payments total, unpaid, and paid balances of the non-custodial parent, as physical payments received by the custodial parent from the disbursement unit of the state and local for child support do not match with those three Declaration Methods.
Question: Does the IV-D Child Support Agencies have the right to tell the recipients of the child support case file, knowingly that supported documents of the state/local child support office are in errors information and are misrepresenting facts, to refer their problems case to their state/local child support offices?
May 15th, 2009 at 2:55 pm
Question: What can IV-D Regional Office Child Support Agencies do to case file documents presented to their offices about the disputed issues in the way their Child Support Enforcement Division carry out the state, local, and federal guidelines? Examples given here:
-Non-custodial parents have arrears payment uncollected for 5 years, Federal Law indicated that the state and local child support office failed to garnish payments or give out the “Warning Notice,” 20-days; and,
-Audit done by state and local Child Support Enforcement Division of the Accounting Department in providing three Declaration Methods, showing three disputed amount in the payments total, unpaid, and paid balances of the non-custodial parent, as physical payments received by the custodial parent from the disbursement unit of the state and local for child support do not match with those three Declaration Methods.
You as a IV-D client have a right to file a grievance, this provides you with a hearing where you can present evidence about why the documents in your file are incorrect, complain about their lack of following the federal and state IV-D rules and regulations.
The State IV-D agency is required to provide a hearing officer to order corrections the file and take any action allowable under the state and federal law to establish, and/or enforce your child support case.
Send a letter to the state IV-D agency requesting a form to file a grievance
Question: Does the IV-D Child Support Agencies have the right to tell the recipients of the child support case file, knowingly that supported documents of the state/local child support office are in errors information and are misrepresenting facts, to refer their problems case to their state/local child support offices?
Please restate this question, I’m not sure what you are asking
May 15th, 2009 at 5:24 pm
Dear IV-D Child Support Agencies:
Thank you for your notable information and interests to provide response to provocative rights of the custodial parents.
I am restating Question on my last post.
Question: Does the Iv-D ….
Restate Question: Does the Regional IV-D Office (Federal Office have the right to tell custodial parents to refer the problems to their own State Child Support Office?
Question: Can a presiding Child Support Judge or Administrator be removed from bench,just for favoring the Assistant Attorney who knowingly misrepresented errors information?
May 15th, 2009 at 7:42 pm
Question: Does the Regional IV-D Office (Federal Office have the right to tell custodial parents to refer the problems to their own State Child Support Office?
Answer: Yes, under federal law Regional IV-D Offices have no power to help any individual family. Their job is to audit the state IV-D program to ensure they are following the federal IV-D rules and regulations. If the State IV-D Agency is found to be non-compliant the feds can withhold state welfare payments.
If you feel they are not adequately auditing the state, or penalizing them, contact your US members of Congress and outline which regulations they are not ensuring that the State IV-D agency should follow.
Members of Congress and President Obama can put pressure on the Federal Office of Child Support to better enforce IV-D rules and regulations
Question: Can a presiding Child Support Judge or Administrator be removed from bench, just for favoring the Assistant Attorney who knowingly misrepresented errors information?
Answer: You could file a grievance with the State Supreme Court about the judge and/or magistrate(referee, hearing officer). They have the power to reprimand and/or remove for cause.
May 16th, 2009 at 1:57 pm
Dear IV-D Child Support Agencies:
Remarkable response on my last Questions! Thanks!
Question: Is there any federal violation to this question?
The State Legislature has finally pass a Bill, waiting for the Governor to sign the Bill. This Bill is to revise its own 10-13 years old 1996 Child Support Guidelines changing terms from every 3 years to 4 years, changing parents self-support of $710 - $775 in which parents self-support of $573 has been used in case file dated 1993 until the child is 16 years old, as old cases will not be eligible under this new parents self-support since the child will be 18 years old, and changing the adjusted gross income of $7,500 to $15,000 for military pay?
Question: If there is a violation done by the State for not modifying child support case file for more than 10 years, what can the custodial parent do to make sure that the child gets what should have been distributed in the last 10 years payments?
May 17th, 2009 at 12:30 pm
Question: Is there any federal violation to this question?
The State Legislature has finally pass a Bill, waiting for the Governor to sign the Bill. This Bill is to revise its own 10-13 years old 1996 Child Support Guidelines changing terms from every 3 years to 4 years, changing parents self-support of $710 - $775 in which parents self-support of $573 has been used in case file dated 1993 until the child is 16 years old, as old cases will not be eligible under this new parents self-support since the child will be 18 years old, and changing the adjusted gross income of $7,500 to $15,000 for military pay?
Answer: The state has an obligation under federal law to periodically review child support guidelines and update them. They are within there rights to do what you described.
Question: If there is a violation done by the State for not modifying child support case file for more than 10 years, what can the custodial parent do to make sure that the child gets what should have been distributed in the last 10 years payments?
Answer: Federal and State la make is permissible for the state IV-D agency to review case to modify child support orders every three years, but it is the parents obligation to seek a modification, either upward or downward if appropriate. This includes a review every three years, for example, to determine if a cost of living increase is appropriate.
Therefore, it is the parent not the state who is the responsible party to initiate the action. It is the IV-D administrative hearing process and/or the court that concludes if the modification should occur based on the state child support guidelines, circumstances of both parents and the needs of the child.
May 19th, 2009 at 12:22 pm
Dear IV-D Child Support Agencies:
Child Support case file was handled by the initial State, where child support application was submitted. In about 3-4 years, the child and the custodial parent relocated to another State in which the initial State still handles the child’s case file. Where does the custodial parent file a lawsuit against the State IV-D Agency Child Support Enforcement Division and presiding Attorneys and Judge? Can the FBI get involved? If yes, where does the custodial parent file the lawsuit, when residing in another State that does not handle its child support case?
May 19th, 2009 at 7:39 pm
An indivual can’t win a law suit against a IV-D Agency because there is a Supreme Court case which found that Titile IV-D did not give parents an individualized Federal right, enforceable in an action under Section 1983, to force the State agency to substantially comply with Title IV-D.
More info here:
http://www.acf.hhs.gov/programs/cse/pubs/reports/litigation/ch02.html
Nor can you file a suit against a judge, they have immunity, you can file a grievance with the Supreme Court and hope that the judge is punished or removed. And in some states there is recall procedure for judges.
May 19th, 2009 at 8:37 pm
Dear IV-D Child Support Agencies:
Question#1: What State Supreme Court, where the child in custody lives or where the initial case file is being handled by IV-D Child Support Enforcement Division?
Question#2: Can the custodial parent file a lawsuit against the non-custodial parent, instead, for non-compliance, as the non-custodial parent has knowledge of the initial Stipulated Court Order before the Re-modification Court Order (Adjudicated)?
Question#3: There is a federal law for federal employees to pay their court-ordered monthly child support,medical incurred and educational expense, thereby in the case of excessive late and defaulted payments, lapsing 3-4 years. Can the custodial parent file a lawsuit against the non-custodial parent? What State Supreme Court?
Thank you for providing reliable sources of information to help understand the Federal and State Child Support Laws and Rights.
May 20th, 2009 at 1:02 pm
Answer to Question #1 Which state?
You file the grievance in the state where the judge is located who made the decision which violated the law
Answer to Question#2: Only if the noncustodial parent violated a court order, a subsequent court order can modify a “Stipulation”
between parties.
Answers to Question # 3
a. Is there is a federal law for federal employees to pay their court-ordered monthly child support,medical incurred and educational expense, thereby in the case of excessive late and defaulted payments, lapsing 3-4 years.
a. Child support laws are state based and list no special occupation e.g. federal employee. The laws apply to all parents obligated to pay support. The only exception is that federal employees are required to cover children they are ordered to provide medical support for under the available federal health insurance programs or they can lose their job.
b. Can the custodial parent file a lawsuit against the non-custodial parent? What State Supreme Court?
Parents owed child support can take several types of action to collect support, see post above, some of these involve the courts and some are through the IV-D agency
A case only ends up in State Supreme Court* if you lose in your “local” state court (Civil Court, Common Pleas, Domestic Relations, Circuit Court) and there has been a “mistake” or the law has not been followed by the court, and you appeal the decision to the State Appeals Court and appeal that decision to The State Supreme Court
(* except in New York where the “local” civil court is named Supreme Court)
May 21st, 2009 at 8:57 pm
Dear IV-D Child Support Agencies:
If the non-custodial parent is a federal employee and is required to provide health insurance, why is the child support judge/administrator allowing the non-custodial parent to pay only for the medical coverage and no dental coverage with TriCare Standard, a Retiree? Judge stated that there is no Dental Coverage available at a reasonable costs under TriCare. Yes, there is a Dental Coverage under TriCare for Retirees, as this is an available dental coverage at reasonable costs. Can the judge order the custodial parent to pay for the Dental Coverage?
May 21st, 2009 at 10:51 pm
You would need proof to show the judge it is available at reasonable costs. However, “resonable costs” is very subjective so the judge could rule in most circumstances that it is not required to be provided.
May 23rd, 2009 at 1:33 pm
Dear IV-D Child Support Agencies:
Child Support Services is a State-Based Services, meaning the State IV-D Child Support Agency is responsible for child support cases, not IV-D Regional Office.
Does the State have the right to say by law that they do not represent the non-custodial and custodial parents?
If this is true, then, why is the State Child Support Attorneys and Judges favor mostly the non-custodial parents who reside in the State than the custodial parent who resided out-of-state?
May 24th, 2009 at 1:17 pm
State based child support systems under the Title IV-D of the Social Security Act means that the state receives federal funding to carryout a child support enforcement program, following federal rules and regulations. The State can add to regulations but not do less than what is required or they can lose federal funding.
The state can contract with various child support collection services, e.g to District Attorney to handle court cases, sheriff to serve warrants, vendors to provide payment distribution services, courts to provide hearing officers etc.
Regional IV-D offices audit State IV-D programs.
Who does the state represent the parent owed support?
This issue is open to much debate.
On an ethical level if the state provides legal services and the attorney provides the same services they would to a private client, it establishes a client attorney relationship even if the state law says it does not because the “actions” are the same.
State IV-D agencies argue that IV-D attorney’s have no client attorney relationships… but legal scholars say you can’t legislate ethics.
In reality this means little to most IV-D clients as long as they receive the services they are entitled to under IV-D rules and regulations. If not they can file a compliant with the State Supreme Court and State IV-D Director about the IV-D attorney’s lack of meeting their obligation to the client. And they can file for grievance hearing.
I believe that the reason it appears that judges and courts favor the non-custodial parent in hearings where the custodial parent lives out of state is because the person in the court room can better express their point of view. So if you have an out of state child support case make sure you are included via conference or video call, and send pictures of the children to be shared with the judg
May 24th, 2009 at 9:16 pm
My Question is this. I have an existing Support order for 294$ a month with a 59$ arrears. They all of a sudden tagged my check for another 115$ WITHOUT sending me ANY kind of notice. My arrears have been paid off for two months now and they were taking more than allowed then suddenly without warning hit me for more. Is it legal for them to do so without sending me a copy of the modified support order and without notifying my employer to notify me. So would this lead a judge that Mal-Intent and a contempt of court was being done against me the non-Custodial?
May 26th, 2009 at 1:16 pm
Dear IV-D Child Support Agencies:
Thank you for your the most valuable information you have shared on my last questions!
By State Law, State Child Support Division is required to provide information to out-of-state custodial parents and to non-custodial parents, as well as for both. For example, the child support payment deposits made to EFT account. Why is the State Disbursement Unit not doing this? Even with Medical Insurance Information.
May 26th, 2009 at 10:05 pm
I don’t know why they are not following the state law, make a formal written request for the information. If they refuse, file for a grievance hearing.
May 27th, 2009 at 8:31 pm
Dear IV-D Child Support Agencies:
When the child reaches 18 years old in August and has not enrolled immediately in college because college acceptance choice has not been completed until Spring Semester in January of the following year to continue receiving child support payments from both parents, can the child still be eligible for his child support or he needs to reapply?
June 14th, 2009 at 12:54 pm
Children are entitled to child support while in college if your court order requires this, otherwise state law governing emancipation tells you how long support should be paid.
See http://www.esingleparenting.com/finance/age-emacipation.html
August 14th, 2009 at 9:32 am
i am the sole surviving custodial parent of my children
LA county is calling me ncp and claim that no custody order exists but in aug 2000 the childrens court decided custody in my favor vs deceased fathers mother
support office said in 2001 no support would be persued jurisdiction terminated per wic 903
and alleged support order amount does not match the amount that support agency says i am paying on help
August 17th, 2009 at 10:25 pm
Ask for an account audit and make sure they have the correct court order on file. Set up a meeting with them if needed to show them the correct court order and get a commitment from them to correct their records. Take someone with you to the meeting who can testify at court if needed that you did this.
August 19th, 2009 at 6:39 pm
When a non-cutodial parent moves from one state to another and the new state takes over and there is a discrepancy about how much is owed (payment is taken out of paycheck every 2 weeks) between the states can the state in which the non-custodial parent now resides withold payment from the custodial parent while continuing to take payments from the NC parent, without notice until what they call an administrative hearing is resolved? I am wondering what rights and actions I should take. My child support officer didn’t even know about this going on. I live in a different state from where he lives and moved from. I found out from the fact my direct deposits suddenly stopped and I called the CS agency in the state he lives in.
August 19th, 2009 at 7:01 pm
Dear IV-D Child Support Agencies:
This is in reference to Lorrie (Aug. 14) and Admin’s Response(Aug.17.
CA Child Support Office does not enforce Child Support Laws and responses most of the time to CP would be negative or have no jurisdiction over case file. Seek out the initial Child Support Office, where application was completed.
There seems to be a problem with Child Support Accounting Department in General and the Child Support Enforcement Office/State Disbursement Unit that records gone missing or payments are in ERRORS INFORMATION. When Declarations of Case Account Audit are prepared by the Child Support Accounting Technician or Investigator, their findings usually do not MATCH with the payments custodial parents received from the Child’s Account.
Child Support Office is supposed by Federal Law to provide services and to correct their mistakes in which the Child Support Office usually does nothing to correct their mistakes and to pay the child the right amount. Child Support Office usually would tell custodial parent to seek a lawyer. This is not right. How can you get the Child Support Office to comply with the laws and to correct their mistakes without having to get a lawyer? Thanks!
August 20th, 2009 at 12:44 pm
You should be sending this complain to your US Congressman, President Obama and your state legislature — senators and representatives. Posting it here probaby won’t get notice by the people who can do something to help!
August 20th, 2009 at 12:48 pm
Ask for an audit of your account in the state where you live and request they do the same of the state where he lives if they are the ones collecing the support payments.
Ask them to reconcile the two accounts so that you receive the correct payments.
You need to do this in writing, send a copy of the letter to your state representative and senator so you can ask them to hep you if they don’t promptly do the audit.
August 21st, 2009 at 1:37 pm
Dear IV-D Child Support Agencies:
Thank you for your valuable response!
August 22nd, 2009 at 9:09 am
This website is not run by the IV-D agencies, I ‘m just a child support enforcment advocate, see
http://www.familiesonlinemagazine.com/child-support/geraldine_jensen.html
August 31st, 2009 at 9:16 am
Arkansas Courts, Pulaski County, ordered the father to pay $100 a month, provide medical and dental insurance, and what the insurance do not cover, we split the cost in half. Needless to say, the father has never provided insurance, or help with any medical or dental cost. I am the only one who has provided insurance, and taken care of all the medical and dental cost, along with everything else. Is there any way I can obtain reimbursements for his share of the cost? It is 14 years worth of reimbursement. At least, be reimbursed for the monthly premiums. If so, how can I go about it? I am a Disabled Veteran of the US Army, so my medical and dental coverage is free. I pay for Tricare coverage for my daughter and son, which is a lot cheaper than what he would have to pay from other companies. Thanks!
September 5th, 2009 at 12:55 pm
You can represent yourself in court by filing a contempt of court motion for unpaid medical bills. You need to provide the court a detailed bill and payment record.
Often the county clerk of court will have legal forms you can use, her is one I found Online http://www.courts.state.md.us/family/forms/supportcontempt.pdf
Basically what you need to be sure to include is both parents contact info, Case #, what the original court order said should happen, what really happened and a request to fix it such as find him in contempt of court and attach his wages for $___ in back medical support due.
You will need to show the court an itemized list of bills and payments you made and be able to recount how and when you contacted him and asked him to pay his share.
February 1st, 2010 at 8:03 pm
Dear IV-D Child Support Agencies:
There is a court order for the non-custodial parent to pay 84% of the uninsured incurred medical/dental expense. Child Support Office were sent 3 Medical Billings to give to the non-custodial parent to pay his share. Child Support gave bills to NP. Medical Centers have sent out “PAST DUE” NOTICES under the Minor Child’s Name. This means that the non-custodial has not paid the bills to Defraud the Child. Is this Child Neglect and Abuse? On whose part, non-custodial parent or the Child Support Office? What action can be taken here? Can we report this to Child Protective Services? Thanks for providing some answers here!
February 2nd, 2010 at 7:14 pm
Der IV-D Child Support Agencies:
This is in response to #53 of your response for Michelle!
Child Support Enforcement Division is already handling the child support case file, in a situation like Michelle, why should Michelle file a contempt of court for the father to pay the unpaid medical bills, when there is a court order for the father to pay. Isn’t the Child Support Enforcement Division in contempt of court for non-compliance to enforce the court order stipulated by the Child Support Referee? This is Child Neglect and Abuse that past dues unpaid medical bills is trying to defraud a minor. What should Michelle and other custodial parents do to get Child Support Enforcement to provide those services, rather than to hire a lawyer? Isn’t this also the responsibility of OCSE?
Thanks for your feedback!