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Giving Hope and Support to America's Children |
DEC 18 1992
DC-92-52
TO ALL STATE IV-D DIRECTORS
Dear Colleague:
The Office of Child Support Enforcement (OCSE), in conjunction with the National Child Support Enforcement (NCSEA), has updated Section I (STATE-AT-A-GLANCE) of the Interstate Roster and Referral Guide (IRG) based upon information provided by State child support enforcement agencies.
The State-At-A-Glance, enclosed, provides a concise overview of each State's interstate requirements. It is designed as a quick reference for frequently asked questions on interstate referrals. This update of Section I contains fourteen additional elements from the initial profile, reflecting changes brought about by the Family Support Act.
Upon request to OCSE, the State-At-A-Glance profile is available to States at no cost on computer diskettes (Wordperfect 5.1 format.)
The Interstate Roster and Referral Guide is divided into two sections. Section II lists all pertinent State addresses; e.g. collection addresses and responding addresses. Section II of the IRG has been automated and is updated on a monthly basis by OCSE.
In addition, all States have access to the federal National Computer Center (NCC) mainframe system and should update their address changes as they occur. On a monthly basis, OCSE batches these changes from NCC and makes them available to all States so they can download this current information to their own computers.
We strongly recommend that States continue to download the Section II monthly updates to assure that you have current address changes from other States. After States have done this, they may choose a variety of ways to share the information with their local offices: hard copies, computer tapes, and/or on-line access.
States have found both sections of the IRG to be valuable tools in the processing of interstate cases. We strongly recommend that you distribute copies of the State-At-A-Glance to your local child support offices and share with them the monthly address updates frequently.
The National Child Support Enforcement Association (NCSEA) issues a publication which contains both sections of the IRG that is available for a subscription fee. This fee includes hard-copy updates of the address information on a quarterly basis.
If you have any questions, please contact Hope Butler, Division of Program Operations, at (202) 401-5685.
Sincerely,
Allie Page Matthews
Deputy Director
Office of Child Support Enforcement
Enclosures
ALABAMA
A. STATE AT A GLANCE
Program OperationState-administered, county-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)Offices in 67 counties
Type of Agencies with Cooperative AgreementsDistrict attorneys, private attorneys, and staff attorneys (depending on county)
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support19
Statutes of Limitation
149 Collection of Past Due Support
None
149 Paternity Establishment19
149DormancyNone
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, if arrears accrued prior to majority; through all methods other than tax offset
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentAmount of AFDC paid prior to establishment of an order of support is considered retroactive support and can be requested; if AFDC grant is greater than current obligation, difference cannot be recovered
Recovery of Costs ElectedUnder State Plan
No
Recovery of Costs for Initiating StateNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesPublic Safety; Motor Vehicles, Criminal Justice Information System, Department of Labor, AFDC, Food Stamps, Medicaid, FPLS, Electronic Parent Locator Network, and Department of Industrial Relations
Certification/Notarization
149 Uniform Support Petition
Notarization by Notary Public
149General Testimony for URESANotarization by Notary Public
149Defendant/Respondent Payment HistoryCertification by signature of agency official
149Public Assistance HistoryCertification by signature of agency official
149Paternity AffidavitNotarization of Notary Public
149Other DocumentsNone
B. INCOME WITHHOLDING
Income Withholding Terminology
Included IncomeWages, tips, commissions, bonuses, and other types of remuneration for services; workers' compensation and unemployment compensation not included in AL definition of income
Fee Charged by Employers$2.00 per month
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresIncome withholding order sought from court in county where either obligor or employer is found; if court determines other State's order should be adopted, AL court will do so and issue an income withholding order and initiating State will be notified
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 certified and 2 additional copies of the original support order, with all modifications; copy of the income withholding statute of the jurisdiction which issued the order (regardless of obligee's current residence) which defines that State's income withholding requirements; 1 certified and 2 additional copies of the income withholding order still in effect, if any; sworn affidavit of obligee or certified statement of agency of the official payment, record and arrearage due, if any; copy of assignment of support rights, if any
Uniform Parentage ActYes
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresLocal jurisdiction proceeds with case until determination of paternity secured; AL uses Uniform Parentage Act adjudication of paternity against resident defendant which is provided for through URESA; plaintiff not required to attend court hearings if presence not necessary for required proof; blood test may be requested by either party (child must be at least six months old); court must order payment of blood test cost prior to its administration; court determines who pays costs
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsAttempted marriage before, during, or 300 days following the child's birth; marriage or attempted marriage when father has either: acknowledged paternity in writing and filed document with appropriate court or Bureau of Vital Statistics; named self as father on child's birth certificate; been obligated tosupport child via a written voluntary promise or court order; received 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 the legitimation statute
Recognition of Common Law MarriageYes; must be an actual and mutual agreement to enter into 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
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateName only shown if father is legal parent at time of birth
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyPaternity affidavit, general testimony
Depends on county; could be district attorney, court, or Department of Human Resources
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsWritten statement of laboratory findings
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
Yes
Yes
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial
Interstate ProceduresSame as intrastate procedures; guidelines information compiled and agreement sought; lacking an agreement, evidence is presented to court for a finding
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; second family involvement; pre-existing periodic alimony and child support obligation
Criteria for RebuttalA written finding on the record that the application of the guidelines would be unjust or inappropriate, establishing a different amount and stating the reasons therefor, or the court determines the application of guidelines would be manifestly unjust or inequitable
Public Assistance History RequirementsMonth-by-month preferred
Contact Point for Public Assistance HistoryCounty Department of Human Resources office where client resided
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
Contact Point to Obtain Payment RecordsCounty Department of Human Resources office where court order was issued
Contact Point to Obtain Court OrderSame
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes, it specifically excludes wage withholding actions
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureCentral registry sends to county appropriately completed forms; county handles as they would any local AL case
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Registration ProcedureNo statutory provision forregistration in AL
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureMust be clear and continuing change in circumstance as determined by court; petitions filed by agency upon request of either client or an agency determination that action is appropriate
Criteria for Review/AdjustmentAt the request of either party when the case is in enforcement or collection status, the order has not been judicially reviewed or modified within 12 months unless undue hardship would result in inaction, and one of the parties alleges a substantial change in circumstances; medical support has not been ordered
Definition of Change of CircumstancesNo set definition; change of 10% in amount of support ordered used as basic principle
Frequency With Which Reviews Are ConductedEvery 3 years; at request of the AP, CP, or guardian
Documents Required in Addition to Mandated Forms & Number of Copies Needed
None
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)Central operations based in Anchorage, with field offices in Juneau and Fairbanks
Type of Agencies with Cooperative AgreementsAttorney General's Office, Department of Health and Social Services
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; child support will continue if order specifically states that support is to continue while child still enrolled in school, or child is mentally or physically disabled; child support will continue for children age 19, if they are actively pursuing a high school diploma or an equivalent level of technical, vocational training and living as dependents with the spouse or designee of the spouse
149 Collection of Past Due Support
10 years
149 Paternity EstablishmentUp to l8 years old
149DormancyNone
GuidelinesPercentage of obligor's income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, if order is obtained prior to emancipation and within statute of limitations, using wage withholding, credit bureau, liens
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to JudgmentNo
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteNo
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Labor, Permanent Fund Dividend, DMV, APSIN, INLTS, Commercial Fisheries, Credit Bureau, Business License, Public Assistance
Notarization by Notary Public
149General Testimony for URESANotarization by Notary Public
149Defendant/Respondent Payment HistoryNotarization by Notary Public; certification by signature of agency official
149Public Assistance HistoryCertification not required
149Paternity AffidavitNotarization by Notary Public
149Other Documents
Income Withholding TerminologyIncome withholding
Included IncomeAny form of payment, including wages, unemployment compensation, workers'
compensation, retirement, and real and personal property
Fee Charged by EmployersNone
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresAgency serves notice of liability based on existing court order; wage withholding takes effect unless obligorproves that obligation is not owed within 30 days of service of notice of liability; withholding can begin 30 days after service of administrative order
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingWritten agreement between both parties (approved by CSED); good cause - not in best interests of the child; alternate agreement with CSED, such as military allotment, automatic money transfer, and payment of two months' support as security deposit
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of support order and all modifications; certified copy of income withholding order, if any; copy of income withholding law of original jurisdiction; assignment of rights, sworn statement of arrearages from obligee
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresAlleged father served with complaint for paternity and an order for blood tests; paternity can be established by default or admission; father may acknowledge paternity in writing after service of complaint or receipt of blood test results; court will adjudicate paternity in contested cases; blood tests that establish probability of paternity at 95% or higher create presumption that may be rebutted only by clear and convincing evidence
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes, 95%, which can be rebutted only by clear and convincing evidence
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes, if common law marriage is legal in the initiating jurisdiction. Must provide documentation of the law
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateFather must sign paternity affidavit or be adjudicated the father for his name to be included on child's birth certificate
Personal Appearance of Witness or Custodial Parent RequiredRarely
Acceptable Methods of TestimonyWritten, videotape, and telephonic testimony are accepted at court's discretion.
Child Support Enforcement Division, Team 7
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsVerified copy of test results and chain of custody
Assistance to Other States Using Their Long-Arm Statutes
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessAdministrative process or judicial process
Interstate ProceduresFor administrative process, notice and finding of financial responsibility is served on obligor, who can request an informal conference and provide income information; support based on AK guidelines; appeals include formal hearing and judicial review
Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs; CP's net income/assets (if there is joint custody); AP's net income/assets
Criteria for RebuttalClear and convincing evidence
Public Assistance History RequirementsMonthly
Contact Point for Public Assistance HistoryChild Support Enforcement Division
(907) 263-6350
Documents Required in Addition to Mandated Forms & Number of Copies NeededAffidavit of public assistance paid, initiating State should specify on transmittal form to establish order under AK administrative process
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementWage withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed 2 copies of statutes
Contact Point to Obtain Payment RecordsChild Support Enforcement Division
(907) 263-6360
Contact Point to Obtain Copy of Order
Child Support Enforcement Division
(907) 263-6337
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActUse administrative process
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureAdministrative process is used for establishment and enforcement requests from other States
Documents Required in Addition to Mandated Forms & Number of Copies NeededAffidavit of public assistance paid
Registration ProcedureOrder registered in superior court and notice mailed to obligor, who has 30 days to petition to vacate registration
Documents Required in Addition to Mandated Forms & Number of Copies Needed 1 verified statement from custodian showing last mailing address of obligor, amount of unpaid support, description and location of obligor's property and list of States in which order is registered; 3 certified copies of orderand all modifications, 1 copy of URESA statutes from State issuing order
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureEither party may petition for modification of an administrative or judicial order; moving party must show good cause and material and substantial change in circumstances to justify modification
Criteria for Review/AdjustmentAbsent parent or custodian requests review; custody change (sole, shared, divided); material change in circumstances; State initiates review in AFDC cases
Definition of Change of CircumstancesChange must be material, permanent, involuntary, and substantial
Frequency With Which Reviews Are ConductedEvery 3 years (AFDC); upon request of the AP, CP, or guardian (non-AFDC)
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Affidavit of income and supporting documentation
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)5
Type of Agencies with Cooperative AgreementsSheriff's Department; Clerk of Court; Family Law Referee; County Attorney
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; except if child's birthday occurs during school year, and he is attending school; in which event, support continues while the child is actually attending high school; additional exception exists for handicapped children over 18 under certain circumstances
149 Collection of Past Due Support
Action must be taken within 3 years of date of emancipation of youngest child
149 Paternity EstablishmentUpon child attaining age 18
149DormancyNone
GuidelinesIncome shares approach using pre-determined schedule adopted by State Supreme Court
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes; through realty liens, ex parte wage assignments, wage and non-wage garnishments, orders to appear/show cause; limited use of attachment and execution
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA toJudgment
Yes; will not pursue cases under $500
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesMotor Vehicle Department, Credit Reporting Agencies, IV-A, Job Service, Unemployment Insurance, Department of Revenue
Certification by signature of agency official
149General Testimony for URESACertification by signature of court official
149Defendant/Respondent Payment HistoryCertification by signature of court official
149Public Assistance HistoryCertification by signature of agency official
149Paternity AffidavitNotarization by Notary Public
149Other DocumentsDirect payment affidavit of obligee when appropriate
Income Withholding Terminology
Order of Assignment
Included IncomeNo limitations
Fee Charged by EmployersStatutory, up to $3.00 per pay period
Arrearages through Income WithholdingYes, at discretion of court
Interstate Income Withholding ProceduresMandatory for employees and payees under court orders since 1-1-88 per statute, interstate withholding under URESA; ex parte Orders of Assignment filed by Child Support Agency or by petitioner alleging arrears; for orders entered prior to 1-1-88, petitioner must show arrearage of at least 1 month's support amount to obtain order for withholding
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateNo; AZ order must be established
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 certified copies of support order and any modifications; 3 certified copies of any order of assignment; rendering jurisdiction's income withholding law; as appropriate, include assignment of rights, certified payment history, statement of unreimbursed AFDC; notarized affidavit of arrears
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresAlleged father is contacted to attempt expedited procedures; if these fail, summons and complaint are issued and case processed through court; encourage initiating States to use own long arm statute if available and appropriate
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityWhere birth of child occurred during marriage or within ten months of divorce
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes; although it cannot be contracted in AZ, AZ recognizes common-law marriage validly contracted in another jurisdiction; standard is capacity of parties to marry, present marriage agreement; and holding out of each other to public as husband and wife; no particular words necessary; conduct consistent with such agreement sufficient
Documents Required in Addition to Mandated Forms and Number of Copies NeededCertified copy of birth certificate of child(ren); any cards, letters, photographs of alleged father with child and/or mother desirable, but not required
Putative Father's Name on Birth CertificateOnce paternity is established, court may, as part of judgment and order, order clerk to forward copy of judgment and order to Bureau of Vital Statistics which is ordered to reflect entry of paternity; fee must be paid by parent to Bureau before change made
Personal Appearance of Witness or Custodial Parent RequiredNo, unless proof of paternity cannot be established without that party's presence
Acceptable Methods of TestimonyAffidavit of custodial parent in URESA actions; telephonic appearance may be permitted if no objection from opposing party raised
Gary Callahan, (602) 252-0236 ext. 304
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsExaminer's report admissible unless challenge to procedures or results made within time allowed by court; chain of custody shall be established through verified documentation of each change of custody
Assistance to Other States Using Their Long-Arm Statutes
Yes; Gary Callahan, (602) 252-0236
D. SUPPORT ORDER ESTABLISHMENT
ProcessCourt-ordered by stipulation or after hearing
Interstate ProceduresUpon receipt, case processed in same manner as local case, using all procedures and techniques. Initiating jurisdiction must request "fair and equitable" support award for AZ guidelines to apply
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; age of child; AP's gross income/assets; second family involvement (optional)
Criteria for RebuttalNo
Public Assistance History RequirementsMonthly breakdown by year giving total sum owed, all notarized and in affidavit form
Contact Point for Public Assistance HistoryCentral Clearinghouse
Phoenix, AZ 85067
Documents Required in Addition to Mandated Forms & Number of Copies NeededAbsent parent's current monthly gross income; monthly expenses for child's medical insurance and child care; expenses for handicapped or gifted children, and mutually agreed-upon education costs; names and birthdays of other natural or adopted children of absent parent
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementEx parte Order of Assignment (wage withholding)
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
Contact Point to Obtain Payment RecordsCentral Clearinghouse
Phoenix, AZ 85067
Contact Point to Obtain Copy of OrderIntake & Assessment Unit
Phoenix, AZ 85067
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 authenticated copy of the foreign judgment; address of judgment debtor; and name and post office address of judgment creditor
URESA ProcedureEx parte Order of Assignment (wage withholding)
Documents Required in Addition to Mandated Forms & Number of Copies NeededAZ does not enforce another State's order; an AZ order must first be established
Registration ProcedureForeign support orders generally discouraged; filing with Clerk of Court constitutes registration; absent parent receives notice, and if absent parent fails to respond within 20 days, registration confirmed
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order plus all modifications, 1 copy of the URESA law of State in which the order was made, plus signed, verified statement of obligee showing post office address of obligee, last known address of obligor, amount of unpaid support, description and location of obligor's property, and list of States in which order is registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureTwo procedures: "Simplified" requires filing several court-approved forms, notice to other party and a request for hearing; "Standard" requires filing of "Order to Show Cause" with accompanying "Comparative Spouses Affidavit" and opportunity for hearing
Criteria for Review/AdjustmentAn increase or decrease of 15% from the current order; circumstances must be substantial and continuing
Definition of Change of CircumstancesFor simplified procedure, modification amount sought must minimally deviate at least 15% from existing order; under traditional procedure, changed circumstances must be "substantial andcontinuing," defined as a change in income by 25%
Frequency With Which Reviews Are ConductedEvery 3 years
Documents Required in Addition to Mandated Forms & Number of Copies NeededVaries by local rule; petitioners should check with agency in county in which modification proceeding will take place; in Maricopa County, petition under standard procedure must be accompanied by completed, court-approved form, "Spouse's Comparative Affidavit" or "Order to Show Cause for Modification," blank copy of which must be timely served upon opposing party; court-approved forms for "simplified" procedure will be available through the AZ Child Support Enforcement Agency, Department of Economic Security
A. STATE AT A GLANCE
Program OperationState-administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)29
Type of Agencies with Cooperative Agreements21 cooperative agreements with county administrators or prosecuting attorneys
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; support may be ordered past age of 18 in case of special circumstances such as physical or mental disability
149 Collection of Past Due Support
10 years on collection of past due support
149 Paternity EstablishmentNone
149DormancyNo
GuidelinesSupport guidelines based upon family support chart as established by a committee appointed by and approved by AR Supreme Court
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, if case established with agency to collect current support while child was a minor; through URESA petition or other court action; registration of foreign judgment; income withholding if already in effect when child reaches majority
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes; 3 year statute of limitations on unreimbursed assistance not previously included in an order; existing court-ordered amount controls and may reduce amount of unreimbursed grant
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under State PlanYes; from obligee
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDriver's License, Employment Security Division (earnings and unemployment benefits), Department of Human Services (food stamps and other programs)
Notarized certification by custodial parent or agency official
149General Testimony for URESANotarized certification by person presenting testimony such as custodial parent or agency official
149Defendant/Respondent Payment HistoryCertification by court official
149Public Assistance HistoryNotarized certification by agency official
149Paternity AffidavitNotarized certification by mother of child
149Other DocumentsRelated orders: certification by court official
Income Withholding Terminology
Income withholding
Included IncomeAny funds owed to the obligor by payor not exempt by Federal law; specialprovisions for unemployment benefits and workers' compensation
Fee Charged by EmployersUp to $2.50 per withholding
Arrearages through Income WithholdingYes; an additional 10% of current support amount permitted by statute
ProceduresImmediate income withholding orders implemented upon receipt; delinquency income withholding orders implemented upon 30 days delinquency; deemed income withholding implemented upon 30 days delinquency and proper notice via notice upon respondent
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededInterstate transmittal; absent parent demographic information; name and address of employer; 3 certified copies of support order and income withholding order if available; certified arrears statement; copy of payment record; 3 copies of rendering State statute
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresMay vary by judicial district; firstattempt to obtain stipulated paternity or stipulated order dependent on percentage of blood testing result; next obtain service of process with possibility of default or contested case; require court order before conducting blood studies in contested cases; court will rule based on agreements or upon weight of evidence presented at trial
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes, probability of 95% or more, but only after corroborating testimony of mother in regard to access during the probable period of conception
Marriage as Presumption of PaternityYes, but may be rebutted by clear and convincing evidence with corroboration
Other Statutory PresumptionsPutative father knowingly allowing his name to be placed on child's birth records
Recognition of Common Law MarriageCannot create in AR, but AR will recognize one created in another State
Documents Required in Addition to Mandated Forms and Number of Copies NeededCertified copy of birth certificate of child recommended
Putative Father's Name on Birth CertificatePutative father's name is on birth certificate if he signs an affidavit of paternity at hospital at time of birth; following a finding of paternity, parent may request Department of Health, Center for Health Statistics to issue amended birth certificate noting father
Personal Appearance of Witness or Custodial Parent RequiredGenerally, not required, but may be necessary as a practical matter to provide weight of evidence to carry burden of proof; court may adjourn proceedings if proof indicates presence of either or both parties necessary
Acceptable Methods of TestimonyDeposition
Investigators in each district (team area)
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsWritten report of test results, certified by affidavit by an expert under whose supervision and direction test was performed; expert must be available for cross-examination if either party desires; copy of expert credentials should be included
Assistance to Other States Using Their Long-Arm Statutes
Little Rock, AR 72203-8133
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial process
Interstate ProceduresCan stipulate to support order or serve with process a URESA petition for court to set support in accordance with obligor's income and support guidelines
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; AP's net income/assets; AP's self support reserves; second family involvement
Criteria for Rebuttal95% probability on genetic test shifts burden of proof to putative father; putative father who voluntarily places or allows his name to be placed on birth records also shifts burden of proof to himself
Public Assistance History RequirementsMonthly and grand total
Contact Point for Public Assistance HistoryCSEU
(501) 682-8418
Documents Required in Addition to Mandated Forms & Number of Copies NeededMarriage certificate and children's birth certificates recommended
Enforcement of Existing Instate Order when Family Lives in Another StateYes, but reopening local case where court has continuing jurisdiction of varied issues could create necessity of custodial parent's presence to defend non-support issues
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed Interstate enforcement transmittal; copy of orders to be enforced; affidavit of custodial parent of any direct payment and arrearages; copy of initiating State's withholding statute
Contact Point to Obtain Payment RecordsCSEU - ATTN Collection Department
(501) 682-8415
Contact Point to Obtain Copy of OrderCSEU - FOSS
(501) 682-8175
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of ForeignJudgments Act
Yes
Documents Required in Addition to Mandated Forms & Number of Copies NeededAuthenticated copy of order and statement of facts about obligor with sufficient information to prepare petition to proceed pursuant to AR law
URESA ProcedurePetitions to establish or enforce support and registration of foreign support order; obtain stipulation or file petition and serve with process; obtain support by default or court hearing
Documents Required in Addition to Mandated Forms & Number of Copies NeededInterstate transmittal; 3 certified copies of all existing orders and modifications; 3 certified copies of court clerk payment record; 1 copy of initiating State's URESA statute
Registration ProcedureOrder filed with clerk of court and obligor given notice; obligor has 20 days from notice to file objection to registration; upon confirmation, foreign support order be treated as court order of AR subject to same procedures and defenses
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order with all modifications; 1 copy of URESA law of State where order was made; verified statement signed by obligee containing obligee's address, obligor's residence and address, amount of unpaid support, obligor's property, and list of States where order registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureMotion alleging change in circumstances justifying modification filed and servedon obligor; court finding upon hearing
Criteria for Review/AdjustmentChanges in circumstances on which the child support award was based or changes pertaining to the parties involved
Definition of Change of CircumstancesFactors considered include remarriage of parties, minor reaching majority, change in income and financial condition of parties, relocation, change of custody, debts of parties, ability to meet current and future obligations and child support chart
Frequency With Which Reviews Are ConductedEvery 3 years; upon request of the AP, CP, or guardian
Documents Required in Addition to Mandated Forms & Number of Copies NeededInterstate transmittal; 3 copies of petition alleging specific change in circumstances supported by affidavit; financial statement
A. STATE AT A GLANCE
Program OperationCounty-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative Agreements58 county Family Support Divisions (District Attorney) under cooperative agreements with State IV-D Agency
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; unless child still in high school, then collection continues until child graduates or turns 19, whichever occurs first
149 Collection of Past Due Support
10 years, if there is an established order or judgment
149 Paternity EstablishmentEmancipation
149DormancyEmancipation or 10 years, depending on status of case
GuidelinesPercentage of obligor net income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, if accrued while a minor; through various enforcement techniques including contempt, tax intercepts, wage assignments and levies
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes; 3 year statute of limitations if no prior order for support; 10 year statute of limitations if order established; minimum of $1000 if no prior order
Recovery of Costs for Initiating StateYes, blood test fees
Recovery of Costs Elected Under State PlanNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteNo
General Long-Arm StatuteYes
Automated Locate ResourcesDMV (Vehicle/Driver's License); EDD (Unemployment Insurance/Disability Insurance/Wages); DOJ (Criminal Records/Applicant Records); FTB (State income tax); PTEF (Property Tax Exemption-Owner Occupied Residence)
Notarization by Notary Public and certification by clerk of court
149General Testimony for URESANotarization by Notary Public
149Defendant/Respondent Payment HistoryNotarization by Notary Public and signature of agency official, or petitioner
149Public Assistance HistoryNotarization by Notary Public and signature of agency official
149Paternity AffidavitNotarization by Notary Public
149Other DocumentsJudge's Certificate and Order: Certification of copies by clerk of court
Certification by a clerk of court is required on all copies if original document is not provided
Income Withholding Terminology
Wage assignment or income withholding
Included IncomeWages, salary, bonus, money, benefits, payments due for services of independent contractors, dividends,rents, royalties, residuals, patent rights, or mineral or other natural resource rights, payments of credit due for services or sales such as wages, salary commissions or bonus, or otherwise
Fee Charged by EmployersNone
Arrearages through Income WithholdingYes; arrears must be substantiated by notarized and certified month-by-month calculation of charges and credits
Interstate Income Withholding ProceduresRegistration required; if registering existing income/wage withholding order, registration is for income/wage withholding purposes only; if no order for income/wage withholding exists, registration of support order required and CA will obtain wage withholding order based on registered order; if support order registered, enforcement not limited to wage/withholding purposes
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate Withholding
Alternative payment arrangement will provide uninterrupted support to the family; obligor is current; the obligor meets any other conditions determined to be appropriate by the FSD to ensure full and timely payment of support
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 certified copies of relevant support orders; affidavit of arrears
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresPetition to establish paternity filed in superior court; absent parent served with petition and given 30 days to respond; if no response, default taken; if absent parent files an answer, disputes paternity, order for blood tests requested and case placed on calendar for trial
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of Paternity
Yes; paternity index of 100 or more
Yes
Other Statutory PresumptionsPutative father and 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; before the child's birth, the putative father and natural mother attempted to marry and the child is born during the attempted marriage or within 300 days of termination of marriage or cohabitation; after the child's birth the putative father and natural mother attempted to marry, and he consented to listing his name on the birth certificate, or is obligated by a written voluntary agreement or court order to support the child; the putative father receives the child into his home and openly holds out the child as his natural child; the paternity index is 100 or greater; through 1/1/97, the child was born or resides in a nation with which the U.S. engages in an orderly departure program or successor program, and the father acknowledges that he is the child's father in a declaration under penalty of perjury,
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateHandled by custodial or non-custodial parent once judgment is entered; some counties may provide that courtesy at their discretion
Personal Appearance of Witness or Custodial Parent RequiredPossibly; there is no mandatory requirement, however testimony may be required if necessary to the proceedings
Acceptable Methods of TestimonyWritten depositions and interrogatories accepted; generally teleconferencing and videotaping are not accepted in absence of stipulation or court approval; court may designate judge of initiating court as a person before whom a deposition may be taken
Contact local county Family Support Division, District Attorney's Office
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsPhotographs and fingerprints
Assistance to Other States Using Their Long-Arm Statutes
Yes; contact county Family Support office
Yes; contact county Family Support office
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicially in Superior Court with local county jurisdiction
Interstate ProceduresComplaint/petition to establish filed with court; absent parent is served; has 30 days to respond; if no response, default taken; if answer filed, action set for trial
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's net income/assets; AP's net income/assets; second family involvement
Criteria for RebuttalSupport is not assigned and parties stipulate to a different amount; deferred sale of home and rental value exceeds mortgage payments, homeowner's insurance, and taxes; subsequent spouse or nonmarital partner's income increases the parent's disposable income available; 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
Public Assistance History Requirements
Notarized and certified month-by-month calculation of all charges and credits
Contact Point for Public Assistance HistoryCounty Welfare Department
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of prior paternity or custody orders where appropriate
Enforcement of Existing Instate Order when Family Lives in Another StateYes; only if absent parent is in CA or drawing wages in CA
Preferred Method of EnforcementIf absent parent resides in county in which order was issued, straight enforcement from that existing case; ifabsent parent resides in a different CA county from one which issued order, registration used
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of support order; affidavit of arrears
Contact Point to Obtain Payment RecordsCounty Family Support Division if custodial parent requested IV-D service
Contact Point to Obtain Copy of OrderCounty Clerk's office
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureComplaint/petition filed with court; absent parent served; has 30 days to respond; no response, default taken; if answer filed, action set for trial
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of support order and all modifications
Registration ProcedureCertified copy of order filed; clerk mails notice to absent parent; absent parent has 20 days to respond; if absent parent responds, enforcement hearing set for absent parent to provide defense; if no response, order is confirmed and enforcement procedures initiated
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of support order and all modifications; affidavit of arrears
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureOrders can be modified only once per year without a showing of substantial change of circumstances; matter scheduled for order to show cause hearing; Income and Expense Declarations must be filed by both parties; child support is calculated from declarations and based on absent parent's ability to pay
Criteria for Review/AdjustmentAt the request of either party, the case must be modified if: guidelines indicate that the amount of support ordered should be increased or decreased by at least $50 or 30%, whichever is greater, and the change is anticipated to last at least 6 months
Definition of Change of CircumstancesSignificant decrease or increase in income
Frequency With Which Reviews Are ConductedUpon request of the AP, CP or guardian, however, reviews will not be conducted if: 1) the case was reviewed within the prior 12 mos.; 2) the case was modified within prior 24 mos.; or 3) most recent quarterly locate was unsuccessful and no new information available.
Documents Required in Addition to Mandated Forms & Number of Copies NeededDeclaration, under penalty of perjury, stating the basis for the request, i.e., change of circumstances; Federal and State tax returns; Income and Expense Declarations of both parties (CA Judicial form or federally mandated General Testimony)
A. STATE AT A GLANCE
Program OperationColorado has a state supervised county program
Number of Local Offices (excluding Agencies under Cooperative Agreements)63 counties
Type of Agencies with Cooperative AgreementsSome counties have cooperative agreements with an office of the DA for CSE services
Reciprocity With Tribal EntitiesNo
Age of Emancipation19; emancipation prior to the age of majority, occurs when the child marries, joins the armed services, dies or becomes self sufficient. Extension of the current child support obligation past the age of majority is a judicial decision, based upon the evidence presented regarding dependency.
149 Collection of Past Due Support
No limitations
149 Paternity Establishment21, if action brought by custodial parent; 24 if action is initiated by child
149DormancyNone
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, income withholding, liens, judgments, garnishments and contempt
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes, when there has been a court order for support, the amount of the debt shall be equal to the amount of publicassistance, up to the full amount of arrears under the order. Prior to 7/1/89, when there was no court order, the court could enter an order for debt that was less than, equal to, or more than the amount of public assistance. Effective 7/1/89, the amount of debt ordered cannot be less than the amount of public assistance.
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under State PlansYes; from obligor
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Labor and Employment (wage data and unemployment information), Division of Motor Vehicles, and Federal Parent Locator Service
Notary Public
149General Testimony for URESANotary Public
149Defendant/Respondent Payment HistoryCertification
149Public Assistance HistoryNone
149Paternity AffidavitNotary Public
149Other Documents
Income Withholding TerminologyInterstate income withholding; wage assignment
Included IncomeIncome from salaries, wages,commissions, bonus, dividends, severance pay, pension, interest, trusts, annuities, capital gains, Social Security benefits, workman's compensation, disability insurance benefits, gifts, prizes, lottery winnings, also for interstate income withholding purposes, state income tax refunds through tax offset.
Fee Charged by Employers$5.00
Arrearages through Income WithholdingYes, the amount of withholding for current support and arrears up to the limits of the Consumer Credit Protection Act.
ProceduresEffective January 1, 1990, all IV-D orders entered or modified will have an immediate income withholding, unless the parties agree in writing to an alternative arrangement or good cause exists.
If an obligee or agency outside of Colorado is seeking enforcement of a foreign income withholding order, all required documents shall be transmitted to the Colorado Interstate Network (central registry). The support order is filed with the court and appropriate notices are sent for enforcement purposes.
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingWritten determination and explanation by court or Child Support Enforcement unit why immediate income withholding is not in the child's best interest; obligor has signed a written agreement to keep the Child Support Enforcement unit informed of employment and health insurance; proof that obligor made timely payments without income withholding
Documents Required in Addition toInterstate Transmittal Form and Number of Copies Needed
A certified copy of support order withall modifications; a certified copy of income withholding order, if any, in effect; copy of income withholding statute of state that issued support order; sworn statement of obligee or certified statement of the agency regarding arrears and assignment of rights, if any.
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity Procedures
Consent Orders ObtainedNormally, in interstate actions, if the absent parent asserts as a defense he is not the parent of the child for whom support is sought and if it appears to the court that the defense is not frivolous, the court may adjudicate the parentage issue in accordance with the Uniform Parentage Act, Article 4 of Title 19 CRS.
Although not called "consent" orders, the father may stipulate to paternity and stipulation is entered by the court.
Presumption of Paternity Standard Based on Test ResultsYes, 97% or higher
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsThe respondent and the mother of the child were married to each other and the child was born during the marriage or within 300 days after the marriage ended; after the child's birth, the respondent and the mother of the child have married or attempted to marry, and the respondent has acknowledgedpaternity with the Court or his name is on the birth certificate; while the child is a minor, the respondent receives the child in his home and openly holds out the child as his biological child; the respondent acknowledges his paternity in writing with the Court or Bureau of Vital Statistics and the custodial parent, after notice of such, does not dispute the acknowledgement; before the child's birth, the respondent and the CP have attempted to marry each other and the child was born within the attempted marriage or 300 days after termination of that marriage or cohabitation; genetic tests show that the respondent is not excluded as a probable father and the probability of his parentage is 97% or higher
Recognition of Common Law MarriageYes
Documents Required in Addition to Mandated Forms and Number of Copies NeededA copy of the child's birth certificate and any documentation through which alleged father has indicated a relationship with the child. A copy of the certificate and documentation, if available, should be attached to each of 3 sets of the Paternity Affidavit.
Putative Father's Name on Birth CertificateOnce paternity is established, a Report of Paternity Determination form is completed which creates a new birth certificate, which the clerk of court certifies and it is submitted to the appropriate state vital statistics office.
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyTeleconferencing
The local child support enforcement units, as each office contracts for genetic testing
Recovery of Genetic Testing Costs forOther States
Yes
Documentation Required for Admissibility of Genetic Testing ResultsRequirements vary by laboratory
Assistance to Other States Using Their Long-Arm Statutes
Varies; contact county Child Support office
Varies; contact county Child Support office
D. SUPPORT ORDER ESTABLISHMENT
ProcessUnless the absent parent requests judicial process, orders are established through administrative process, except for contested paternity cases which are referred to the court
Interstate ProceduresOrders established after April 1, 1990 go through administrative process, except for contested paternity cases. Upon receipt of the Notice of Financial Responsibility, the absent parent is scheduled for a negotiation conference unless he/she requests a judicial determination. If an agreement is reached at the negotiation conference, the order, based upon the child support guidelines, is filed with the court and becomes an order of the court. There is a provision for default orders if the absent parent does not appear for the negotiation conference. If an agreement is not reached at the negotiation conference, a court hearing is scheduled and the case is referred for a judicial determination.
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets;second family involvement
Criteria for RebuttalThe respondent and the mother of the child were married to each other and the child was born during the marriage or within 300 days after the marriage ended; after the child's birth, the respondent and the mother of the child have married or attempted to marry, and the respondent has acknowledged paternity with the Court or his name is on the birth certificate; while the child is a minor, the respondent receives the child in his home and openly holds out the child as his biological child; the respondent acknowledges his paternity in writing with the Court or Bureau of Vital Statistics and the custodial parent, after notice of such, does not dispute the acknowledgement; before the child's birth, the respondent and the CP have attempted to marry each other and the child was born within the attempted marriage or 300 days after termination of that marriage or cohabitation; genetic tests show that the respondent is not excluded as a probable father and the probability of his parentage is 97% or higher
Public Assistance History RequirementsPayment history is preferred in a month by month format
Contact Point for Public Assistance HistoryColorado State Parent Locator
Denver, CO 82023-1714
Documents Required in Addition to Mandated Forms & Number of Copies NeededNo additional forms. The URESA forms package must include a completed financial statement (pages 5-6 of the General Testimony) and documentation of the obligee's earnings. If the obligee is not employed, question A.1 of the financial statement must be answered to provide the obligee's usual occupation and source of income.
Enforcement of Existing Instate Order when Family Lives in Another StateYes, the Colorado order can be enforced when the obligor resides, is employed, owns property or derives his income within the State.
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed A Child Support Enforcement Transmittal form, one copy of the court order, a copy of the custodial parent's application for IV-D services or an assignment of rights and an affidavit of arrears in a month by month format, signed by the custodial parent with her signature notarized.
Contact Point to Obtain Payment RecordsCounty District Court
Contact Point to Obtain Copy of OrderCounty District Court
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies NeededAn affidavit signed by the judgment creditor (custodial parent or authorized CSE representative) which contains: The name and last known post office address of the judgment debtor, the name and last known post office address of the judgment creditor, a statement containing the name and address of the debtor's employer and/or a description of location of property and assets which are available upon execution and three fully executed copies of judgment.
URESA ProcedureThe URESA petition and documents are received by the central registry which acknowledges receipt and requests missing documentation. The absent parent's residence is verified by the State Parent Locator Service and the documents are forwarded to the local Child Support Enforcement unit for processing. The local Child Support Enforcement unit reviews the filing and requests necessary information/documentation that was not previously provided by the initiating jurisdiction. Service of process on the absent parent is accomplished. Establishment of a URESA order and/or paternity is initiated administratively. If a court hearing is required, a court date is obtained and the determination of the amount of the monthly support obligation and/or the paternity issue is determined by the court. Orders are established according to Colorado Child Support guidelines.
Documents Required in Addition to Mandated Forms & Number of Copies NeededThree copies of the previous court order and all modifications (certified copies preferred), documentation of the custodial parent's earnings for the past three months, a copy of the custodial parent's IV-D application for services or assignments of rights.
Registration ProcedureThe request is sent to the Colorado Interstate Network (central registry) using the Interstate Child Support Enforcement Transmittal. The request is forwarded to the appropriate local office for processing. The documents are sent to the clerk of court. Upon receipt of these documents, the clerk of court, without payment of a filing fee or other cost to the obligee, shall file them in the registry of foreign support orders; the filing constitutes registration. Promptly upon registration, the clerk of the court shall send by certified orregistered mail to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. The clerk shall send to the court in the rendering state a notice of the registration. The clerk shall also docket the case and notify the prosecuting attorney of the action. The prosecuting attorney shall proceed diligently to enforce the order.
Documents Required in Addition to Mandated Forms & Number of Copies Needed Attachments required are three certified copies of the order with all modifications, one copy of the reciprocal enforcement of support act of the state in which the order was made, and a statement verified and signed by the obligee, showing the post office address of the obligee, the last known place of residence and post office address of the obligor, the amount of support remaining unpaid, a description and the location of any property of the obligor available upon execution, and a list of the states in which the order is registered.
G. REVIEW AND MODIFICATION OF ORDERS
ProcedureIf the change in circumstances warrants a modification and the order was entered through administrative process, the modification is also done administratively. If the order was established through the court, any modification requires a court hearing and judicial determination.
Criteria for Review/AdjustmentAll new cases received where an order exists; all existing cases that are active due to establishment or enforcement action; all cases where there is an indication of regular or newemployment; all cases for which information has been received that prior medical insurance has lapsed; either parent requests, in writing, the order be reviewed and the order has not been entered prior to November 1986 or has not been reviewed in the past 36 months. Cases may be deemed appropriate for modification if the order does not meet the child support guidelines and if there has been substantial and continuing change which could result in a potential increase or decrease of 10% or more in the amount of child support
Definition of Change of CircumstancesIf application of the child support guidelines to the circumstances of the parties at the time of the filing of the motion for modification results in at least a 10% change in the amount of support due, it is deemed to be substantial and continuing change of circumstances.
Frequency With Which Reviews Are ConductedEvery 3 years; upon request of the AP, CP, or guardian
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Documentation of the obligee's earnings to verify completed financial affidavit (pages 7-12 of the General Testimony). If the modification is being requested due to physical incapacities of the minor child, substantiating physician's statements should be included.
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)6 main offices and 7 sub-offices
Type of Agencies with Cooperative AgreementsSupport Enforcement Division of Superior Court; Attorney General's Office; Department of Administrative Services, Bureau of Collection Services; Department of Income Maintenance; CT Labor Department Employment Security Division; Department of Children and Youth Services
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18
149 Collection of Past Due Support
None
149 Paternity Establishment18 years
149DormancyNone
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through liens, income withholding, court action, incarceration, criminal prosecution
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to JudgmentNo
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under StatePlan
No
State Income TaxYes
Long-Arm Paternity StatuteNo
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteNo
Automated Locate ResourcesDepartment of Motor Vehicles, Department of Labor, Department of Corrections
Notarization by Notary Public
149General Testimony for URESANotarization by Notary Public
149Defendant/Respondent Payment HistoryCertification by signature of agency official
149Public Assistance HistoryCertification by signature of agency official
149Paternity AffidavitNotarization by Notary Public
149Other DocumentsExisting Court Orders: Certification by signature of court official
Income Withholding Terminology
Wage withholding
Included IncomeWages, salary, commissions, bonuses, unemployment compensation benefits, retirement benefits
Fee Charged by EmployersNone
Arrearages through Income WithholdingYes
Interstate Income Withholding Procedures
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingAgreement by the parties or discretion of the court
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededName and address of person to whom support payments collected by income withholding shall be transmitted; entry of support order for another jurisdiction for purpose of withholding of income requires 2 certified copies of support order with all modifications thereof; 2 certified copies of income withholding order or notice, if any, still in effect; copy of that portion of income withholding statute of jurisdiction which issued order which states requirements for obtaining income withholding under laws of that jurisdiction; sworn statement of obligee or certified statement of State agency of arrearage and assignment of support rights, if any; statement of name, address, and Social Security number of obligor, if known; statement of name and address of obligor's employer or any other source of income of obligor derived in CT against which income withholding is sought.
For child support orders issued in CT, referral must include sworn statement of obligee or a certified statement of State agency of arrearage and assignment of support rights, if any; statement of name, address, and Social Security number of obligor, if known; statement of name and address of obligor's employer or any other source of income of obligor derived in CT against which income withholding is sought, and name and address of CT court that issued order.
CT's central registry will review all requests to ensure completeness, accuracy, and resolve any interstate conflicts; all accepted referrals will be forwarded to proper CT court jurisdiction for filing of order with clerkof the bureau of the court; each referring jurisdiction notified of name and address of CT court and date of referral to that court.
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESANo, but allowed by case law
Interstate Paternity ProceduresSupport enforcement division of superior court will attempt to secure voluntary acknowledgment of paternity; mother may name father on birth certificate after obtaining father's authorization; blood and genetic testing may be ordered
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed
Putative Father's Name on Birth CertificateFather and mother must sign form authorizing father's name to be placed on birth certificate of a child born out-of-wedlock
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyDeposition, interrogatories
Bureau of Support Office in initiating or responding court
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsTest results must be accompanied by opinions and conclusions of laboratory and verified document of chain of custody of tissue samples
Assistance to Other States Using Their Long-Arm Statutes
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessAdministrative and judicial processes
Interstate ProceduresCT requires that all URESA petitions be sent to central registry; inquiries, reminder notices, billings, etc., should initially be sent to appropriate field offices of bureau of the court; if there is any problem, refer to central registry
Any referrals that are sent to central registry must contain: respondent's name, petitioner's name, CT case number, CT local jurisdiction involved
Cases are followed up by letter, usually giving names of petitioner and respondent, all identification numbers, and the CT Judicial District involved; agency uses telephone calls and will accept telephone calls on matters where it is more expeditious to call, in particular, situations that have a sense of urgency relative to settling a point or gaining information.
Public petitioner's representative is State Attorney General; assistant attorneys general assigned to each of ten bureaus to which petitions are forwarded
Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs; CP's net income/assets; age of child; AP's net income/assets; AP's support reserves; other support orders to the extent of payment
Criteria for RebuttalA specific finding that the guidelines would be inappropriate due to proof of the existence of: substantial assets owned by a party; present and potential earning capacity of a party; the division of property, assets, and debts; special needs of the child; extraordinary education expenses; alimony; needs of other dependents; extraordinary unreimbursable medical expenses; shared custody arrangements; tax planning consequences; significant visitation expenses; parental support available to minor parent; best interest of child; other equitable factors
Public Assistance History RequirementsMonthly amounts and dates if seeking to recover such assistance
Contact Point for Public Assistance HistoryDepartment of Human Resources
Bureau of Child Support Enforcement
(203) 566-5438
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementWage withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed Interstate transmittal, 1 copy each of IV-D application or assignment of support rights, notarized statement of arrearages itemized monthly, a copy of the judgment and most recent modification thereof
Contact Point to Obtain Payment RecordsDepartment of Human Resources
Bureau of Child Support Enforcement
(203) 566-5438
Contact Point to Obtain Copy of OrderIssuing court; Central Registry
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes, but CT IV-D agency does not accept filings under this statute
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedurePetitions or registration of foreign orders
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of pre-existing orders and modifications; 3 copies of initiating State's statute.
Registration ProcedureOrder registered in Judicial District where absent parent resides; absent parent has right to hearing which can address all issues present in order; order becomes an order of CT
Documents Required in Addition to Mandated Forms & Number of Copies Needed
3 certified copies of order, with all modifications; obligee's signed, verified statement showing post office address of obligee, last known residence and post office address of obligor, amount of support remaining unpaid, description and location of any of obligor's property available upon execution, and list of States in which order is registered; 1 copy of URESA statute or similar legislation of the State in which order was made; IV-D application or certification of the State making registration request; payment directions of the State making the registration request; and notarized or certified affidavit of arrears on a monthly basis
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureNew CT law effective 10-1-90 provides for modification of all orders for support; no procedures available at this time
Criteria for Review/AdjustmentSubstantial change in circumstance for either party; 15% deviation of existing support order from child support guidelines amount
Definition of Change of CircumstancesSubstantial change in circumstances of either party or substantial deviation from child support guidelines
Frequency With Which Reviews Are ConductedEvery 3 years; upon request of AP, CP, or guardian
Documents Required in Addition to Mandated Forms & Number of Copies NeededSworn statement by obligee showing substantial change in circumstances by indicating expenses for child(ren) when last order was entered compared with current expenses; expenses must be listed on a monthly basis; statement should also show obligee's income attime of last order and obligee's current income, respondent's income at the time of last order and respondent's current income
A. STATE AT A GLANCE
Program OperationState-operated by Delaware Division of Child Support Enforcement
Number of Local Offices (excluding Agencies under Cooperative Agreements)3
Type of Agencies with Cooperative AgreementsFamily Court, Department of Justice, Department of Labor, Division of Social Services
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; if a child over 18 is still enrolled in high school, child support terminates when child receives a high school diploma or reaches age 19, whichever occurs first
149 Collection of Past Due Support
None
149 Paternity EstablishmentAge of majority
149DormancyNone
GuidelinesDelaware Child Support Formula (Melson)
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through income withholding and all other methods except tax intercept
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentNo
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under StatePlan
No
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Labor, Division of Motor Vehicles, Bureau of Vital Statistics, Department of Elections
Notarized by Notary Public
149General Testimony for URESACertification by court official signature or notarized by Notary Public
149Defendant/Respondent Payment HistoryCertification by court official signature
149Public Assistance HistoryCertification by court official signature
149Paternity AffidavitNotarized by Notary Public
149Other DocumentsNone
Income Withholding Terminology
Wage attachment
Included IncomeWages, unemployment compensation, workers' compensation, pensions, retirement funds, disability income (private or SSI)
Fee Charged by EmployersNone
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresWhen payment is 7 days delinquent, withholding forms are processed and sent with copy of court order to Family Court and to respondent; if respondent disputes it, hearing is set; if no response is received from respondent, wagewithholding order is issued
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateNo
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of the support order; certified copy of income withholding order; copy of the income withholding laws of that State; sworn statement of arrearages from the obligee (NPA); certified statement of arrearages from the agency (AFDC); copy of assignment of rights (AFDC)
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresBlood testing is coordinated between DE and initiating state; Family Court contacts initiating State and sends kit/affidavit to be completed
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityNo
Other Statutory PresumptionsAttempted marriage; acknowledgement of paternity
Recognition of Common Law MarriageNo
Documents Required in Addition toMandated Forms and Number of Copies Needed
Any additional information pertaining topaternity
Putative Father's Name on Birth CertificatePutative father's name is not recorded
Personal Appearance of Witness or Custodial Parent RequiredYes, if in State
No, if out of State
Acceptable Methods of TestimonyWritten testimony is accepted
Wilmington, DE 19899
Recovery of Genetic Testing Costs for Other StatesNo
Documentation Required for Admissibility of Genetic Testing ResultsPhotograph or affidavit; interrogatories
Assistance to Other States Using Their Long-Arm Statutes
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial
Interstate ProceduresReceipt of petition, check for accuracy and completion, forward to Family Court to schedule Master's hearing
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; second family involvement; inflationary factors
Criteria for RebuttalThe DE "Melson" Formula is rebuttableonly by a finding on the record that an order established pursuant to the guidelines would be unjust or inappropriate
Public Assistance History RequirementsGrant total; monthly account statement covering applicable period to justify amount requested
Contact Point for Public Assistance HistoryDivision of Child Support Enforcement
ATTN: Accounting
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 copy each of Uniform Support Petition, General Testimony, Paternity Affidavit, if required, and Certificate and Order
Enforcement of Existing Instate Order when Family Lives in Another StateNo; will do wage attachment if respondent's employer is in DE
Preferred Method of EnforcementWage attachment
Documents Required in Addition to Mandated Forms & Number of Copies Needed 1 copy each of Interstate Transmittal and certified statement of arrears
Contact Point to Obtain Payment RecordsDivision of Child Support Enforcement
ATTN: Accounting
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of ForeignJudgments Act
Yes
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureOrder must be registered per URESA procedures; once registered enforcement procedures are same as instate cases
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of court order; payment history
Registration ProcedureCompleted petition is forwarded to Family Court; Family Court sends notice to respondent by certified mail advising that initiating State has requested that order be registered; respondent has 14 days to respond; if not contested, petition is sent to Master for review and signature
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of court order; payment history
G. REVIEW AND ADJUSTMENT OF ORDERS