Program OperationState-administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)37 judicial circuits are state-administered
Type of Agencies with Cooperative Agreements9 judicial are county-administered
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; support orders entered after 7/1/92 may provide for the extension of child support to age 20 if the child is still in secondary school
• Collection of Past Due Support
•DormancyDormant in 7 years; can be revived within 10 years
GuidelinesPercentage of obligor's gross income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes; through contempt, IRS full collection
Pursuit of Unreimbursed Assistance (URA)Yes, if in conjunction with establishing an order for current support or if enforcing an existing support order; no, if request for URA reimbursement only
Limitations on Reducing URA to JudgmentYes, case law provides that absent parent must be given attempted notice of unreimbursed public assistance, URA can be assessed back to date of attempted notice
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
Domestic Relations Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Labor (DOL), Division of Motor Vehicles (DMV)
Certification by signature of court official
•General Testimony for URESACertification by signature of court official
•Defendant/Respondent Payment HistoryNotarization by Notary Public
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsCourt orders - depending on local court, either certification by signature of court official or no certification requirement; notarized monthly breakdown arrearage statement
Income Withholding Terminology
Included IncomeWages, salary, commissions, bonuses, payments from retirement or pensions, unemployment, and workers' compensation
Fee Charged by EmployersAt option of employer up to $25.00 to set up, then up to $3.00 per deduction
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresIf there is no current support order, the initiating State through URESA can request establishment of an order and GA will also establish IDO; if foreign order exists, GA can establish an IDO through Superior Courts or through administrative process; if administrative process is used, foreign order must be final and not subject to retroactive modification of arrears.
Enforcement of Another State's Order
Against Income/Assets When Obligor
Yes; but only if the order contains a provisionfor wage withholding
Good Cause Criteria as Exception to Immediate WithholdingNo; left to discretion of the court or hearing officers
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed2 certified copies of foreign support order, if any; 2 notarized monthly-breakdown arrearage statements; 2 certified copies of an income withholding order, if any; 2 copies of the income withholding law of the State which entered the original support order
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresUnless consent order is obtained, court will order genetic testing under civil paternity statute
Presumption of Paternity Standard Based on Test Results
Yes if so stipulated by the non-custodial parent; 95%; however higher percentage is desirable. GA has no current law mandating a standard.
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsAP consents to his name on the birth certificate or other vital record
Recognition of Common Law MarriageYes; couple holding themselves out as husband and wife
Documents Required in Addition to Mandated Forms and Number of Copies NeededBirth certificate of child, signed by alleged father
Putative Father's Name on Birth CertificateOnly if father voluntarily signs; mother cannot put father's name on birth certificate
Personal Appearance of Witness or Custodial Parent RequiredPreferable, but not required
Acceptable Methods of TestimonyWritten, sworn, and notarized testimony
Recovery of Genetic Testing Costs for Other StatesNo
Documentation Required for Admissibility of Genetic Testing ResultsPhotographs, laboratory chain of custody form
Assistance to Other States Using Their Long-Arm Statutes
Yes, will provide names of available labs
D. SUPPORT ORDER ESTABLISHMENT
ProcessURESA and/or administrative process, consent agreements signed by judge
Interstate ProceduresIf no prior order exists, an order must be established through URESA process and/or administrative process with exception if paternity is disputed; then, order must be established through URESA process
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; child care costs; CP's gross income/assets; age of child; AP's gross income/assets; second family involvement
Public Assistance History RequirementsMonth-by-month history; recovery of public assistance can be ordered only if absent parent was notified that such a debt wasaccruing and that absent parent may be responsible to repay it if no prior support order exists
Contact Point for Public Assistance HistoryLocal child support office
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone, but must include 3 complete sets of URESA pleadings
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementIncome deduction; contempt; State and Federal tax offset
Documents Required in Addition to Mandated Forms & Number of Copies Needed 2 certified copies of order and 2 notarized copies of monthly breakdown of arrears
Contact Point to Obtain Payment RecordsLocal child support office
Contact Point to Obtain Copy of OrderSame
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of court order and judgment; 3 notarized copies of monthly breakdown
URESA ProcedureWhen requesting arrearage collection, State needs:
3 complete sets of full URESA packet, if requesting higher amounts under guideline, use URESA; otherwise prefer Interstate Transmittal and Wage Withholding
Documents Required in Addition toMandated Forms & Number of Copies Needed
Registration ProcedureMust be done through URESA; works best for an arrears-only situation; many local offices will not do registration because of issues it may open up; if requesting more money, request entry of new order using guidelines
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order and all modifications thereof; one copy of URESA statute of State in which order was made; statement, verified by obligee, showing post office address of obligee, last known address and post office address of obligor, monthly breakdown of arrears, description and location of any property owned by obligor
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureCases will be reviewed for potential modification effective 10-1-90 beginning with oldest cases first; cases 3 or more years old will receive priority
Criteria for Review/AdjustmentOrder should be at least 3 years old; calculated support award must vary by 15% or greater than the current support award with a $25/month minimum change
Definition of Change of CircumstancesIV-D agency policy will require a 15% change in non-custodial parent's income with a minimum of $25.00 per month change for upward modification criteria; downward modifications must meet same standard and other conditions (i.e. reduced income or disability situations must last 1 year or longer)
Frequency With Which Reviews Are ConductedGenerally, every 3 years, but more frequently if there is a fifty percent or greater chance that it is evident
Documents Required in Addition to Mandated Forms & Number of Copies NeededFollowing implementation of new law on or about 10-1-90, other States may request review of existing orders for potential modification
Program Operation1 office on island functions as both State/local operation
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative Agreements
Reciprocity With Tribal EntitiesSuperior Court of Guam (expedited process), Department of Administration (accounting and collection procedures); Department of Revenue and Taxation (tax offset); Physician Diagnostic Laboratory (blood drawings)
Age of Majority for Termination of Support18; obligation continues until child reaches age of majority, dies, becomes emancipated, marries, or enters into the military, whichever comes first
• Collection of Past Due Support
Arrearage Collections on Behalf of Non-minor
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to Judgment
Recovery of Costs Elected Under State Plan
Recovery of Costs for Initiating StateYes
Domestic Relations Long-Arm StatuteNo
Automated Locate ResourcesDepartment of Motor Vehicles, Department of Administration, Revenue and Tax
Notarization by Notary Public and certification by signature of agency official
•General Testimony for URESANotarization by Notary Public and certification by signature of agency official
•Defendant/Respondent Payment HistoryNotarization by Notary Public
•Public Assistance HistoryCertification by signature of agency official
•Other DocumentsCertificate and Order: Certification by signature of court official
Income Withholding Terminology
Included IncomeAll sources including, but limited to, wages, interest income, payments on promissory notes, retirement pay, and annuities
Arrearages through Income WithholdingYes
Interstate Income Withholding Procedures
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside in Your State
Good Cause Criteria as Exception to Immediate WithholdingGuam accepts only foreign support orders for registration.
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 certified copies of foreign support order, with all modifications thereof; 1 copy of reciprocal enforcement of support act of State in which order was made; statement verified and signed by obligee or representative of IV-D agency showing mailing address of obligee, last known place of residence and mailing address of absent parent; amount of support remaining unpaid; description and location of any property of absent parent available upon execution; list of States in which order is registered
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresConsent orders usually obtained; otherwise, case goes to non-jury trial
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of Paternity
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed1 copy of birth certificate and 1 copy of declaration of paternity (if any) from putative father
Putative Father's Name on Birth CertificatePutative father and mother must sign affidavits of parentage in order for name of father to be entered on child's birth certificate
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyWritten; in URESA cases, affidavits or preferably declarations are accepted; issues of videotape and teleconferencing have not arisen
Recovery of Genetic Testing Costs for Other
Documentation Required for Admissibility of
Blood drawing performed locally at Physicians Diagnostic Laboratory; specimens sent to Genetic Design, Inc., Greensboro, NC
Genetic test results have not yet been challenged; Genetic Design, Inc. will furnish expert witness if requested
Assistance to Other States Using Their
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial/quasi judicial; expedited process
Considered for Setting Support Under Guidelines
Criteria for RebuttalFile and serve summons and complaint; defendant has 20 days to answer; if no answer, defendant is defaulted; if defendant answers, date for trial set at pre-trial conference; case is then tried or parties reach stipulated order
Special medical needs of the child; cost of providing health insurance for the child; child care cost; CP's gross income/assets; age of child; AP's gross income/assets; CP & AP's self support reserves; second family involvement.
Public Assistance History Requirements
Contact Point for Public Assistance Monthly
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Enforcement of Existing Instate Order when Family Lives in Another StateYes, via URESA
Preferred Method of EnforcementURESA is only method
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Contact Point to Obtain Payment Records
Contact Point to Obtain Court Order3 certified copies of court payment ledger showing payments; 3 copies of declaration of direct support payments received; 3 certified copies of court order
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureFile and serve summons and complaint; defendant has 20 days to answer; if no answer, defendant is defaulted; if defendant answers, a date for trial is set at pre-trial conference; case is then tried or parties reach stipulated order
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of court payment ledger showing payments; 3 copies of declaration of direct support payments received; 3 certified copies of court order
Registration ProcedureObligee or department transmits required documents to Clerk of Superior Court; upon receipt, clerk files them in registry of foreign support orders; filing constitutes registration; notice of registration with copy of registered support order and mailing address ofobligee sent by certified or registered mail to absent parent by Clerk of Superior Court; clerk also notifies Attorney General; upon registration, registered foreign support order treated in same manner as support order issued by Superior Court of Guam; obligor has 20 days after mailing of notice of registration in which to petition court to vacate registration or for other relief; if he does not so petition, registered support order is confirmed; at hearing to enforce registered support order, obligor may present only matters available as defenses in an action to enforce foreign money judgment
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of foreign support order, with all modifications thereof; 1 copy of reciprocal enforcement of support act of State in which order was made; statement verified and signed by obligee or representative of IV-D agency showing mailing address of obligee, last known place of residence and mailing address of absent parent; amount of support remaining unpaid; description and location of any property of absent parent available upon execution; list of States in which order is registered
Criteria for Review and Adjustment
File motion for modification with memorandum of points and authorities and declaration of obligee; issue is decided at hearing on motion
Age of order, arrears paid off, and change of circumstances.
Definition of Change of Circumstances
Frequency With Which Reviews Are Conducted Code requires showing of substantial and material change of circumstances; issue decided on case-by-case basis. 1990 legislation allowed for change based on new guidelines.
Every 3 years; upon request of the AP, CP or guardian.
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)4, one in each county
Type of Agencies with Cooperative AgreementsState and county legal/Attorney General and Corporation Counsel
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; but may extend to age 23 if child enrolled full-time in accredited higher educational institution or vocational school
• Collection of Past Due Support
10 years; 6 years for out-of-State orders
• Paternity Establishment3 years beyond age of majority
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through all methods except IRS tax refund offset
Pursuit of Unreimbursed Assistance (URA)Yes, if judgment
Limitations on Reducing URA to JudgmentNo
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
Domestic Relations Long-Arm StatuteYes, in divorce statute
Automated Locate ResourcesDepartment of Motor Vehicles, Department of Labor, Department of Human Services, LRMS (Police Activity Management System-Honolulu County), NJKI State Criminal Justice Data, credit reports
Certification by signature of agency official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
Income Withholding Terminology
Immediate income withholding, automatic income withholding
Included IncomeSalaries, wages, earnings, workers' compensation, disability benefits, commissions, independent contractor income, or any other monies received on periodic basis
Fee Charged by Employers$2.00 per withholding
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresAll orders involving child support are accompanied by an order of income withholding; administrative process used to establish orders; income and assets of both parents used with HI guidelines todetermine amount of current support; notice of delinquency served on obligor, allowing 10 days from receipt of service to request hearing; obligor may meet with child support worker to resolve differences; if differences can't be settled, hearing is scheduled; defendant has right to judicial review; however, order remains in effect until modified by court action
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 Needed3 certified copies of support order and all subsequent modifications; certified copy of wage/income assignment order, if any; copy of income assignment statute of jurisdiction that issued order; affidavit signed by obligee or agency representative showing all payments due, all payments made, on monthly/yearly basis; document must clearly identify amount past due as of a certain date
Uniform Act on Blood TestingHI has genetic testing legislation
Interstate Paternity ProceduresConsent orders obtained when possible; blood testing used when court trialsrequired
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsAttempted marriage; putative father files with the department of health a voluntary, written acknowledgement of paternity of the child signed by him under oath; and a voluntary, written acknowledgement of the paternity of the child signed by the natural mother under oath
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededBirth certificate or paternity documentation
Putative Father's Name on Birth CertificateIncluded if mother is married, or if ordered by court or father signs affidavit
Personal Appearance of Witness or Custodial Parent RequiredYes, if defendant requests and GL requires
Acceptable Methods of TestimonyAffidavit/deposition phone conference, videotaping or teleconferencing
Genetic Testing Contact PointCellmark; Genetic Design, Inc.
Recovery of Genetic Testing Costs for Other StateYes; in URESA responding cases only
Documentation Required for Admissibility of Genetic Testing ResultsFingerprints, driver's licenses, State identification, photographs, chain of custody affidavit
Assistance to Other States Using Their Long-Arm Statutes
D. SUPPORT ORDER ESTABLISHMENT
ProcessAdministrative and judicial
Interstate ProceduresAll cases handled by administrative process; do not distinguish between intra- and inter-state cases
Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; AP's self-support reserves; second family involvement; tax dependency exemption; number of days that subject child is residing with AP due to visitation or split custody situations
Criteria for RebuttalShowing of exceptional circumstances
Public Assistance History RequirementsMonthly
Contact Point for Public Assistance HistoryInterstate Services
Child Support Enforcement Agency
Documents Required in Addition to Mandated Forms & Number of Copies NeededMandated forms sufficient
Enforcement of Existing Instate Order when Family Lives in Another StateYes, if payor is in HI
Preferred Method of EnforcementImmediate income assignment
Documents Required in Addition toMandated Forms & Number of Copies Needed
Contact Point to Obtain Payment RecordsInterstate Services
Child Support Enforcement Agency
Contact Point to Obtain Copy of OrderFirst Circuit Court
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of mandated forms
URESA ProcedureAdministrative order and immediate income withholding order entered
Documents Required in Addition to Mandated Forms & Number of Copies NeededMandated forms sufficient
Registration ProcedureRegistration not encouraged because it opens child support and non-child support issues to local modification; URESA action preferred
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureAdministrative process
Criteria for Review/AdjustmentSubstantial change in circumstances
Definition of Change of CircumstancesMust be substantial and material change in either of the parents' or child's circumstances
Frequency With Which Review Are ConductedUpon request of AP, CP or guardian; upon receipt of information that there is a change of circumstances warranting a modification
Documents Required in Addition to Mandated Forms & Number of Copies NeededStatement signed under penalty of perjury or affidavit and supporting documents
Program OperationState-administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)1 central office; 7 regional offices
Type of Agencies with Cooperative AgreementsCounty prosecuting attorneys offices in Bannock, Bear Lake, Elmore, Franklin and Latah counties
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18, unless otherwise ordered by court; statutory authority exists for court to order continued support to 19 years of age if child continues a formal education
• Collection of Past Due Support
5 years beyond age of majority
• Paternity Establishment18 years from birth of child
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through wage withholding, unemployment benefits intercept, state income tax refund intercept, liens, garnishments
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes; 3 year statute of limitations
Recovery of Costs for Initiating StateYes, genetic testing costs associated with establishment of paternity
Recovery of Costs Elected Under State PlanYes
Domestic Relations Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Transportation (vehicle registration, driver's license, and titles); Department of Health and Welfare (AFDC, food stamps, Medicaid, PW, SSI); Bureau of Vital Statistics; Department of Employment (wages and unemployment); CBI; TRW; Trans Union; Fish and Game; State Tax Commission; State Employee Record; Industrial Commission; Probation and Parole
Certification by signature of court official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of court official (if paid through a court) or agency certified (if paid through IV-D agency)
•Public Assistance HistoryNotarization by Notary Public
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsMonth by month financial analysis: notarization by Notary Public; order and modifications (judicial): certification by signature of court official; order and modifications (administrative): certification by signature of agency official; applicable URESA statute: 1 copy
Certificate and Order: court-certified
Income Withholding Terminology
Included IncomeAny form of payment to individualincluding, but not limited to, wages, salary, commissions, compensation as an independent contractor, workers' compensation, disability, unemployment benefits, and veteran's annuity and retirement benefits
Fee Charged by EmployersMay deduct up to $5.00 for each withholding
Arrearages through Income WithholdingYes, BCSE policy states an order for wage withholding shall usually require 50% of current support to be withheld as an arrearage payment
ProceduresAn administrative wage withholding order can be issued on any judgment, decree, order or administrative ruling of any competent jurisdiction without obtaining ID order or registration as foreign judgment; obligor must be provided notice 14 days prior to issuance of wage withholding order; 14th day cannot be a Saturday, Sunday or holiday; obligor may only request a hearing for a mistake of fact (incorrect current support amount or arrearage)
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingOne party demonstrates and the court finds good cause not to require immediate withholding; a written agreement is reached between the parties which provides for an alternative arrangement
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 court-certified (if paid through court) or agency-certified (if paid through IV-D agency) copy of defendant/respondent's payment history; notarized copy of month-by-month financial analysis including periods of public assistance; 1 certified copy of order and any modifications.
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresBCSE attempts to secure voluntary acknowledgment of paternity before initiating judicial proceedings; verified, voluntary acknowledgment of parentage executed jointly by mother and father of child may be filed with court, which, upon motion, will issue an order of filiation; genetic testing encouraged; a 98% probability of paternity is achieved through genetic testing; court must order genetic testing in contested paternity case(s); initiating jurisdiction must bear cost of genetic testing, however, BCSE will seek reimbursement order during paternity establishment process
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes, exists if parties intend to be married; parties hold themselves out as husband and wife; parties assume marital rights, duties, and obligations
Documents Required in Addition to Mandated Forms and Number of Copies NeededSworn URESA Paternity Affidavit or sworn ID Filiation Affidavit
Putative Father's Name on Birth CertificateMother and father must sign written consent to have father's name added to birth certificate; this does not establish paternity but creates a presumption; when paternity determined by court of competent jurisdiction, court will order father's name to be added to birth certificate
Personal Appearance of Witness or Custodial Parent RequiredTypically, no; however, some courts will order custodial parent's appearance to provide defendant opportunity to exercise right to confront accuser
Acceptable Methods of TestimonyDeposition most common; video testimony and teleconferencings are acceptable in some courts on a case-by-case basis
BCSE regional office responsible for handling case
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsVerified documentation of chain of custody of blood is competent evidence to establish chain of custody; certified copy of genetic testing results; verified expert's report admitted at trial unless challenge to testing procedures or blood analysis made 20 days before trial
Assistance to Other States Using Their Long-Arm Statutes
D. SUPPORT ORDER ESTABLISHMENT
Interstate ProceduresBCSE attempts to secure voluntary stipulation before initiating judicialproceedings; support obligation based on guidelines; judgment for public assistance arrearages (if requested) obtained applying guidelines retroactively
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; CP's gross income/assets; AP's gross income/assets; second family involvement; prior orders for child or spousal support
Criteria for RebuttalFinancial resources of the child; financial resources, needs, and obligations of both the AP and CP
Public Assistance History RequirementsMonth-by-month breakdown of public assistance expenditure, including grand total
Contact Point for Public Assistance HistoryBureau of Child Support Enforcement
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Uniform Support Petition (court-certified); General Testimony for URESA (notarized); plaintiff/ petitioner's public assistance history (notarized); certificate and order (court-certified); applicable URESA statute
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementBCSE determines and utilizes most effective method of enforcement, even when not specifically requested; contempt used only as last resort, prefer use of wage withholding, unemployment benefits intercept, garnishment, ID tax refund intercept, and liens
Documents Required in Addition toMandated Forms & Number of Copies Needed
1 court-certified (if paid through court) oragency-certified (if paid through IV-D agency) copy of defendant/respondent's payment history; notarized copy of month-by-month financial analysis including periods of public assistance; 1 copy of order and modifications (if copy not available, specify ID county and date of order)
Contact Point to Obtain Payment RecordsBureau of Child Support Enforcement
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 court-certified (if paid through court) or agency-certified (if paid through IV-D agency) copy of defendant/respondent's payment history; 1 notarized copy of month-by-month financial analysis, including periods of public assistance; 1 certified and authenticated copy of order and modifications
URESA ProcedureURESA is not referral method of choice for enforcement cases; wage withholding, state income tax intercept and unemployment benefits intercept can be utilized without registration of a foreign order or obtaining an ID URESA order; civil contempt, garnishment and filing of liens can be accomplished
by registration of foreign judgment; ID's registration statute does not grant ID personal jurisdiction for modifying, vacating, reopening or staying another jurisdiction's order; BCSE will determine and utilize most effective method of enforcement, even one not specificallyrequested in URESA Action Request; BCSE will not use civil contempt process except as "last resort" enforcement remedy
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 court-certified (if paid through court) or agency-certified (if paid through IV-D agency) copy of defendant/respondent's payment history; 1 notarized copy of month-by-month financial analysis, including periods of public assistance; 1 certified and authenticated copy of order and modifications
Registration ProcedureUpon filing of foreign judgment, Clerk of District Court mails a notice to obligor; obligor may file an appeal with District Court for stay of execution; no enforcement process can be issued for 5 days after date judgment is filed; civil contempt, garnishment and filing of liens can be accomplished by registration of foreign judgment; ID's registration statute does not grant ID personal jurisdiction for modifying, vacating, reopening or staying another jurisdiction's order
Documents Required in Addition to Mandated Forms & Number of Copies Needed 1 court-certified (if paid through court) or agency-certified (if paid through IV-D agency) copy of defendant/respondent's payment history; 1 notarized copy of month-by-month financial analysis, including periods of public assistance; 1 certified and authenticated copy of order and modifications
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureNon-AFDC cases will be reviewed for possible modifications upon request of either party.
AFDC cases will be reviewed for potential modifications upon the request of either parent or other legally obligatedparty or a IV-D agency or at the time the case appears on a report of cases to be reviewed.
The Bureau shall not review cases more frequently than once every 36 months unless extraordinary circumstances exist.
Criteria for Review/AdjustmentSubstantial and material change in circumstances
Definition of Change of CircumstancesA "substantial and material change of circumstances" can generally be defined as:
a) a change in the financial circumstances of one parent; b) a change in the needs of the child;
c) a change in the custody or visitation arrangement; or d) availability of medical insurance at a reasonable cost. Health insurance is considered reasonable in cost if it is employment-related or other group health insurance, regardless of service delivery mechanism.
A voluntary worsening of financial condition made in bad faith will not constitute a "substantial and material change of circumstances." Remarriage of a parent will generally not constitute a "substantial and material change in circumstance" absent compelling reasons for consideration of the spouse's financial resources.
Minimum of $25.00 per month change.
Frequency With Which Reviews Are ConductedEvery 3 years; upon request of the AP, CP or guardian but not more often than every 3 years
Documents Required in Addition to Mandated Forms & Number of Copies NeededCurrently under development but will include affidavit of income showing substantial material, change in circumstances and supporting documents such as tax returns.
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)30 district offices within Chicago area; downstate 7 regional offices provide child support offices to 106 county local offices statewide excluding Chicago Metro Area
Type of Agencies with Cooperative AgreementsClerk of Circuit Court, Sheriff's Office, State's Attorney, Attorney General and Consumer Credit Reporting
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18, depending on individual court order
• Collection of Past Due Support
• Paternity EstablishmentChild's 18th birthday
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through withholding from responsible relative's income; requiring bond to guarantee payments; placing liens against property; reporting unpaid amounts to credit bureaus; reporting unpaid amounts to IRS (AFDC only) and IL Comptroller for State intercept
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentNo; not on responding URESA cases. IDPA directs all collected monies to initiating State
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under State PlanNo
Domestic Relations Long-Arm StatuteYes
Automated Locate ResourcesTape match with IL Department of Employment Security; IL Department of Commerce and Community Affairs; FPLS; State Comptroller; IL Industrial Commission; IDPA Client Data Base; State Board of Elections; IRS; IL Department of Revenue; IL Department of Professional Regulations; Chicago Board of Election
Manual access and review of data bases of IDPA, Secretary of State, Credit Bureaus
Manual access and review of old information maintained on microfiche of Secretary of State-Driver's License; Board of Elections; Department of Revenue; Department of Conservation; Department of Public Health; IL Comptroller
Certification by signature of agency official
•General Testimony for URESACertification by signature of court official
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitCertification by signature of mother and signature of agency official verifying identity
Income Withholding Terminology
Order for Withholding [Judicial Process (IWO)] Administrative Order for Withholding [Expedited Process (AWO)]
Included IncomeAny form of periodic payment to an individual, regardless of source, including, but not limited to wages, salary, commissions, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, lottery prize awards, insurance proceeds, vacation pay, bonuses, profit-sharing payments and any other payments made by any person, private entity, Federal or state government, any unit of local government, school district or any entity created by Public Act; however, income excludes any amount required by law to be withheld, other than creditor claims, including, but not limited to Federal, State and local taxes, Social Security and other retirement and disability contributions, union dues, any amounts exempted by the Federal Consumer Credit Protection Act, public assistance payments, unemployment insurance benefits except as provided by law
Fee Charged by EmployersUp to $5.00 per month (fee deducted from employee's remaining pay, not from withheld support)
Arrearages through Income WithholdingYes
ProceduresUpon entry of any support order, either judicial or administrative, entry of an order for income withholding also required under IL law; order for income withholding states same terms as in companion support order; order for income withholding remains in effect for as long as order for support upon which it is based
No special requirements for IWO/AWO; IWO/AWO served immediately upon payor of income unless an alternative agreement is reached; if an alternative arrangement is entered, it must be in writing, be agreed to by both parties, insure payment of support, and be approved by the court; once an order for withholding has been served, it may be subsequently served on any new payor of income; any accrued delinquent child support is included with order for withholding via notice of delinquency to non-custodial parent and subsequent notice of delinquent amount to payor of income; order for withholding may also include medical coverage enrollment and premium deduction and other ordered medical payments (e.g. co-payments)
For cases in which support obligations are being enforced through administrative income withholding, and in which IL receives notification that client's IV-D services have been cancelled in initiating State, former client's written authorization is required to provide employer with his or her current mailing address for forwarding withheld support payments directly to former client; failure to provide cancelled IV-D client's authorization and forwarding address will result in absent parent's employer being advised that administrative income withholding order is no longer in effect
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingAlternative arrangement in writing, agreed to by both parties, insured payment of support, and approved by court
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of support order and certified sworn statement of arrearages
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresIf child born when mother was not married to father and court has not declared a person to be father, Department will provide assistance in obtaining determination of parentage and order for support; action may be taken any time before child reaches 18; interstate cases do not differ from paternity establishment procedures when both parents reside within IL; under URESA paternity, send separate packet for each non-adjudicated child
Presumption of Paternity Standard Based on Test ResultsYes
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateIL legislation requires that all forms for certifications of live birth are to contains spaces for names and signatures of both mother and father; however, certificate of birth does not create duty of support but may be used as evidence in paternity action
Personal Appearance of Witness or Custodial Parent RequiredNo; however, action to establish parentage could necessitate appearance of IV-D client to testify
Acceptable Methods of TestimonyWritten testimony
Division of Child Support Enforcement
Recovery of Genetic Testing Costs for Other StateNo
Documentation Required for Admissibility of Genetic Testing ResultsNotarized report of test results and chain of custody documentation
Assistance to Other States Using Their Long-Arm Statutes
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial and administrative
Interstate ProceduresStates seeking IV-D support action in cases where the absent parent is an IL resident should make referrals to the attention of the Interstate Unit in manner and under the circumstances indicated below.
IL Department of Public Aid (IDPA) willestablish support under its administrative process provisions; upon entry of an administrative support order, IDPA will also enter an order for withholding of income to secure payment of support; where no court or administrative support order exists and an IL court has not acquired jurisdiction previously; referrals to establish support through administrative process should be made in IV-D cases with the following factual circumstances:
1)child was born or conceived during marriage and support is sought from either mother or man to whom she was married at time of birth or conception (the child's presumed father under IL law), or both parents; or
2)after child's birth, mother was married to a man who, with his consent, is named as the child's father on child's IL birth certificate, and support is from mother, man (child's presumed father under IL law), or both parents; or
3)matters involving alleged paternity where support is sought from child's mother.
Considered for Setting Support Under GuidelinesAP's net income/assets
Criteria for RebuttalMarriage; genetic testing
Public Assistance History RequirementsCalculation of dependents' pro-rata share of assistance provided under consolidated standard flat grant, or total amount of assistance provided to dependents, if initiating State uses a needs grant; certified recipient ledger should accompany such referrals
Contact Point for Public Assistance HistoryIllinois Department of Public Aid
Division of Child Support Enforcement
Documents Required in Addition to Mandated Forms & Number of Copies NeededIV-D client's affidavit of needs, income and expenses; IV-D client's affidavit containing any information he or she may have concerning absent parent's financial circumstances; IV-D client's affidavit calculating arrearage and specifying any support payments received directly from absent parent or his or her employer or in manner other than through Illinois Clerk of Circuit Court; if no payments were received directly or other than through Circuit Clerk, affidavit must contain statement to that effect.
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementOrder for withholding preferred if payor income is known
Documents Required in Addition to Mandated Forms & Number of Copies Needed IV-D client's affidavit calculating arrearage and specifying any support payments received directly from absent parent or his or her employer or in a manner other than through IL Clerk of the Circuit Court; if no payments were received directly or other than through Circuit Clerk, affidavit must contain statement to that effect
Contact Point to Obtain Payment RecordsIllinois Department of Public Aid
Division of Child Support Enforcement
Contact Point to Obtain Copy of OrdersSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureAll referrals must use appropriate OCSE standardized interstate forms (or computer generated replicas of the forms), and must include any additional information indicated below; send referrals to:
Illinois Department of Public Aid
Division of Child Support Enforcement
Springfield, Illinois 62794-9405
Central Registry enters data into automated system; forwards URESA documents to appropriate IV-D regional or county office for handling; monitors all cases; notifies initiating State of progress/conclusion
IV-D regional or county office processes case using current procedures according to type of case and notifies IL CentralRegistry of disposition
In all situations other than administrative process, registration of another State's order or IL court order, referrals should be made under URESA; such cases would include establishment of parentage and support (when use of your State's long-arm statute is inappropriate), and establishment of support when the issue has been reserved by a court or administrative body of another State
All cases referred to IL which seek reimbursement of public assistance must include calculation of dependents' pro-rata share of assistance provided under a consolidated standard flat grant, or of total amount of assistance provided to dependents, if initiating State uses a needs grant; certified recipient ledger should accompany such referrals
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Registration ProcedureCourt or administrative support orders of a State other than IL requiring enforcement under initiating State's Title IV-D case should be referred to Interstate Unit for registration pursuant to IL law; upon registration, IDPA will enter separate administrative support order continuing terms of registered order and an order for withholding; an administrative order for withholding entered upon registration of another State's order will provide for immediate service upon absent parent's employer
Documents Required in Addition to Mandated Forms & Number of Copies Needed Certified copy of support order with all modifications, certified copy of an order for withholding, if any, still in effect, and certified copy of the payment record or, if there is no payment record, an affidavit attesting to amount of arrearage which has accrued under support order
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureIn cases where there is existing administrative support order, if new financial determination indicates change in responsible relative's ability to pay, Department enters new administrative support order; in cases where there is existing judicial order for support, if new financial determination indicates an ability to pay larger amount, Department refers case to legal representative to take court action to seek order for larger amount; judicial orders which effect a modification of support obligation can take effect only after date of notice by moving party (the Department, the IV-D client or the responsible relative) to other parties that a motion for modification has been filed
Criteria for Review/AdjustmentCalculated amount is at least 10% higher or lower than the existing current support amount and a change of at least $5/month
Definition of Change of CircumstancesRequires proof of substantial change in circumstances since existing support order entered to justify a modification (except in those pre-guidelines cases qualifying for one-time modification, because under guidelines order would have been higher); case law traditionally required proof of child's increased need and increased ability to pay on part of non-custodial parent to support upward modification; whether test for increase of support is met involves consideration of certain elements as they existed when order was entered and at time petition for modification is brought, including:
(a)needs of child, and his or her own financial resources; not enough toshow only increase in age, inflation rate or contrast in cost of living index between past and present; concrete change in specific needs of child must be shown
(b)financial resources and needs of custodial parent; income of custodial parent's current spouse has been held to be relevant as matter of defense, where increase is being sought
(c)financial resources and needs of non-custodial parent; income of his or her current spouse is relevant where non-custodial parent is seeking reduction.
Recent years have seen the development of two doctrines which reduce rigidity of increased need/increased ability to pay requirement: "substantial imbalance" test and "increased ability to pay, only" doctrine; former allows modification by proof of increased need without necessity to show increased ability to pay, where a substantial imbalance exists between child's need's and parent's support capabilities; second doctrine allows modification by evidence of increased ability to pay regardless of whether child's needs have increased; primary underlying principle is "standard of living child would have enjoyed had marriage not been dissolved"
Frequency With Which Reviews Are ConductedEvery 3 years
Documents Required in Addition to Mandated Forms & Number of Copies NeededIV-D client's affidavit specifying his or her needs, income and expenses currently and at time of entry of order to be modified; and IV-D client's affidavit specifying his or her knowledge of absent parent's financial circumstances when order was entered, and change in those circumstances justifying increase of support; General Testimony form; Financial Information form (OF548)
Program OperationInterstate program is county-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative AgreementsProsecutors operate program in all counties; Clerks and Prosecuting Attorneys; Title IV-D Court Commissioners
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support21; unless emancipation occurs earlier; judge shall emancipate a child upon marriage or entry into armed forces
• Collection of Past Due Support
10 years for payments due after 9-1-82; 15 years for payments due before 9-1-82
• Paternity EstablishmentChild may file any time before age 20
Arrearage Collections on Behalf of Non-minor Child(ren)Yes, using all methods except contempt
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes, must have an order for repayment of URA in absence of child support order; if order exists, State is limited to that order in obtaining payment of URA
Recovery of Costs for Initiating StateNo, except for paternity costs
Recovery of Costs Elected Under State PlanNo
Domestic Relations Long-Arm StatuteYes
Automated Locate ResourcesBureau of Motor Vehicles (BMV), Food Stamps, Unemployment Security, Credit Bureau, FPLS
Notarization by Notary Public; certification by signature of agency official; signature of custodial parent.
•General Testimony for URESANotarization by Notary Public; certification by signature of agency official; certification by signature of court official; signature of custodial parent.
•Defendant/Respondent Payment HistoryCertification by signature of agency official; certification by signature of court official; signature of custodial parent
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public; signature of custodial parent
•Other DocumentsComplete OCSE URESA forms package
Income Withholding Terminology
Included IncomeAnything of value owed to an obligor
Fee Charged by Employers$2.00 per check
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresSend documentation to Central Registry
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 NeededChild support order and any previously issued income withholding order, certified copy of all orders and modifications if not in the order; certified payment record and/or affidavit of custodial parent if payments were received; calculation worksheet indicating how delinquency was determined; rendering State's income withholding statute
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresUse URESA paternity form per child
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededRoutine URESA documentation normally acceptable; 3 copies of documents needed
Putative Father's Name on Birth CertificateIf putative father consents within 5 days of birth, father's name may be on birth certificate; this does not establish paternity from legal standpoint; once paternity is established, father's name is then ordered to be placed on birth certificate
Personal Appearance of Witness or Custodial Parent RequiredTechnically not required in URESA actions, however, if case is contested, it is virtually impossible to establish paternity without mother appearing in court
Acceptable Methods of TestimonyVideotape generally accepted under limited circumstances
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsAffidavits and proof of authenticity of genetic test results required; in a disputed case, where no previous agreement regarding admissibility has been obtained, it is necessary to call a witness from test lab
Assistance to Other States Using Their Long-Arm Statute
Yes; County Child Support Agency
402 W. Washington St., Room W3
D. SUPPORT ORDER ESTABLISHMENT
Interstate ProceduresPetition for establishment of support order filed as part of URESA process
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; AP's gross income; AP's self support reserves
Public Assistance History RequirementsGrand total of past public assistance would suffice, but better to provide more detail.
Contact Point for Public Assistance HistoryEllen Salamander
402 W. Washington St., Room 360
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 EnforcementRequest enforcement of valid IN order through central registry, assuming obligor remains in Indiana
Documents Required in Addition to Mandated Forms & Number of Copies Needed Calculation of arrearage, how it was determined, source of figures, affidavit of direct payments and complete URESA forms package or at a minimum the testimony portion of the URESA forms package
Contact Point to Obtain Payment RecordsCounty Clerk of Court
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureSubmit documents through central registry, which forwards them to appropriate county for processing.
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of normal documentation needed; certified copies of orders required
Registration ProcedureIN does not normally register foreign orders; law does provide for registration and this process will be utilized if another State prefers registration to normal URESA petition.
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureFile petition through URESA procedures, unless original order is in Indiana
Criteria of Review/Adjustment-
Definition of Change of CircumstancesSubstantial change of circumstances required; however, if order varies by 20% from mandatory guidelines, this is considered change of circumstances and a petition may be filed one year after last support order
Frequency With Which Reviews Are ConductedUpon request of the AP, CP or guardian
Documents Required in Addition to Mandated Forms & Number of Copies NeededRequest for modification should include analysis of custodial parent's income, including gross weekly income as well as any child support custodial parent may have to pay, any health insurance premiums paid on behalf of child, any work-related child care costs, any extraordinary health care expenses, and any extraordinary education expenses (agreed or ordered by court)
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)Central administrative office in Des Moines; 18 state-supervised field offices; 1 Friend of the Court office; centrally-located interstate and foster care units
Type of Agencies with Cooperative AgreementsCounty staff working in conjunction with State field staff; county staff in Friend of the Court office
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; or as ordered by court
• Collection of Past Due Support
20 years from date of each child support installment
• Paternity EstablishmentChild's 19th birthday (age of majority plus 1 year)
•DormancyLaches and estoppel defenses possible
GuidelinesObligor net monthly income in comparison to custodial parent's net monthly income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through mandatory assignment of income, garnishment, liens on real property
Pursuit of Unreimbursed Assistance (URA)Yes, established pursuant to guidelines
Limitations on Reducing URA to JudgmentYes, judgments for reimbursement of past due child support up to amount of ADC expended; limited to guidelines amount time limit of 20 years from date of each child support judgment applies.
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanYes; from obligee
Domestic Relations Long-Arm StatuteNo
Automated Locate ResourcesDepartment of Employment Services' employment/unemployment records; Department of Transportation driver's license and motor vehicle registration records; Department of Revenue records; Department of Corrections records; Department of Human Services records (ADC, Food Stamps, Medical); Social Security Administration records (including Supplemental Security Income)
Notarization by Notary Public and certification by signature of agency official
•General Testimony for URESANotarization by Notary Public and certification by signature of agency official
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryNotarization by Notary Public and certification by signature of agency official
•Paternity AffidavitCertification by signature of agency official
•Other DocumentsCourt Documents: sample authentication format available upon request
Income Withholding Terminology
Mandatory income withholding or immediate income withholding (effective 11-1-90)
Included IncomeWages, interest income, unemployment insurance, commissions, disability benefits, retirement benefits; workers' compensation excluded
Fee Charged by Employers$2.00 per withholding
Arrearages through Income WithholdingYes, presently limits of Federal Consumer Credit Protection Act apply; administrative rules being prepared which may limit amount withheld monthly on arrears to 50% of monthly current support obligation.
Interstate Income Withholding ProceduresAll referrals with existing out-of-State court orders are handled by the Interstate CentralRegistry; mandatory income withholding order will be filed once employment is verified; if no employer is found, referral sent to appropriate field office for further action; existing IA court orders are handled by field office for county where filed; requests for income withholding relating to foster care handled by interstate unit.
NOTE: These procedures are under-going revision. Within the next six months, handling of interstate income withholding will be transferred to local field offices.
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingPosting of a secured bond by the obligor sufficient to pay all current and future child support obligations including arrearages
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededChild Support Enforcement Transmittal; 3 authentication of court document certificates (sample format available upon request); 3 certified copies of all orders, decrees, modifications; 2 certified copies of payment records; 2 computations and certifications of arrears; 3 copies of ADC assignment or termination; name, address, and Social Security number of payor; name and address of payor's employer; 2 copies of URESA statute for State where order filed; 3 copies of mandatory income withholding for State where order filed; name and address of agency or person to whom support payments are to be sent, including FIPS code
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresPetition filed and served by personal service on putative father; answer received; bloodtests performed and/or discovery completed; consent order obtained or hearing held in District Court
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of PaternityYes, but can be challenged
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes, requires intent and agreement to be married, continuous cohabitation, public declaration of parties
Documents Required in Addition to Mandated Forms and Number of Copies NeededSend Child Support Enforcement Transmittal to Interstate Central Registry with documents listed on form, including copy of child's birth certificate
Putative Father's Name on Birth CertificateIf child was conceived during a marriage, legal father is listed on birth certificate; if not, putative father's name will be listed on child's birth certificate after court establishes paternity
Personal Appearance of Witness or Custodial Parent RequiredIn majority of cases, custodial parent not required to personally appear for paternity hearing; IA statute permits proceedings to be stayed and matter transmitted to court in initiating State for taking of testimony and evidence; appearance and testimony of custodial parent in IA is best method of proving paternity in a contested case
Acceptable Methods of TestimonyTestimony before judge in initiating State, interrogatories, depositions
Contact local child support enforcement office handling paternity establishment to inquire what genetic testing laboratory is being used within that jurisdiction; IA has no statewide contract with a genetic testing laboratory at this time
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility ofGenetic Testing Results
Verified documentation of chain of custody ofblood specimens is competent evidence to establish chain of custody; verified report of expert admitted at trial unless challenge to procedures or results of blood analyses has been made before trial
Assistance to Other States Using Their Long-Arm Statutes
Yes; contact Interstate Central Registry
Yes; contact Interstate Central Registry
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial and administrative; administrative process used whenever appropriate; administrative can be superseded by court order and cannot be used to establish paternity
Interstate ProceduresStandard URESA process; can also use administrative process if there are no existing court orders for support (except to establish paternity)
Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs to CP due to employment; CP's net income/assets; AP's net income/assets; deduction allowed for actual support paid pursuant to prior order
Criteria for RebuttalSubstantial injustice would result to the payor, payee, or child; adjustments are necessary to provide for the needs of the child and to do justice between the parties under the special circumstances of the case; circumstances associated with a case permanency plan for children in foster care
Public Assistance History RequirementsPersons on assistance and monthly amounts with grand total
Contact Point for Public Assistance HistoryCentral Registry
Documents Required in Addition to Mandated Forms & Number of Copies NeededChild Support Enforcement Transmittal with documents listed on form
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementMandatory income withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed Child Support Enforcement Transmittal; copy of all IA orders or identification of the IA county where order was entered and docket number; affidavit of arrears; 3 copies of affidavit of ADC benefits expended (if reimbursement is requested); name, address, and Social Security number of payor; name and address of payor's employer; name and address of agency or person to whom support payments are to be sent
Contact Point to Obtain Payment RecordsCentral Registry
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes, but not usually used for child support cases
Documents Required in Addition to Mandated Forms & Number of Copies NeededChild Support Enforcement Transmittal to Interstate Central Registry, 3 certified copies of support order with all modifications; 1 copy of Uniform Reciprocal Enforcement Support Act of State where order was entered; statement verified and signed by petitioner showing post office address of petitioner, last known place of residence, post office address of respondent, amount of support remaining unpaid, description and location of any property of respondent available upon execution, and list of States where order is registered
URESA ProcedureTypical court process
Documents Required in Addition to Mandated Forms & Number of Copies NeededSend Child Support Enforcement Transmittal to Interstate Central Registry with documents as listed on form
Registration ProcedureUpon registration, registered foreign support order is treated in same manner as support order issued by court in IA; respondent has 20 days after receiving notice of registration in which to petition court to vacate registration or for other relief; at hearing to enforce registered support order, respondent may present only matters that would be available to respondent as defenses in an action to enforce a foreign money judgment; however, court in its discretion may consider income and resources of respondent, respondent's ability to pay, and any material changes in circumstances since granting of registered support order and may modify support in same manner as other support orders are modified
Documents Required in Addition to Mandated Forms & Number of Copies Needed Child Support Enforcement Transmittal to Interstate Central Registry, 3 certified copies of support order with all modifications; 1 copy of Reciprocal Enforcement Support Act of State where order was entered; statement verified and signed by petitioner showing post office address of respondent, amount of support remaining unpaid, description and location of any property of respondent available upon execution, and list of States where order is registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureIA has typical modification procedure with a substantial change of circumstances required to obtain a modification; IA has also developed procedures for the periodic review and adjustment of orders pursuant to the requirements of the Family Support Act of 1988. Either parent subject to the order or the IV-D agency of another State may request review. The review is done administratively by the IV-D agency. Any modification is done by stipulation, or court order, including defaults
Criteria for Review/AdjustmentLocation of both parents known; IV-D case; IA order; more than 2 years since order entered last reviewed and/or modified; reviewlimited to issues of child/medical support, not custody or visitation; cannot be temporary order; ongoing support only; support for child under 18; request made by parent/agency entitled to review; 20% variance from guidelines, or availability of health insurance
Definition of Change of CircumstancesIA has typical definition of "substantial change of circumstances"; effective 7/1/92, a 10% variation from the State's mandatory guideline represents a "substantial change in circumstances", IA's review and adjustment process requires a 20% variation before the IV-D agency initiates modification of procedures
Frequency With Which Reviews Are ConductedEvery 2 years upon request; every 3 years when initiated by IV-D agency in Public Assistance cases not yet implemented
Documents Required in Addition to Mandated Forms & Number of Copies NeededSend Child Support Enforcement Transmittal to Interstate Central Registry with a copy of IA order to be modified and all modifications to this order, or identification of the IA county where the order is entered and docket number
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)26
Type of Agencies with Cooperative AgreementsOffice of Judicial Administration (District Court Trustees), selected county/district attorneys
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; support automatically extended through June 30 of the school year (July 1-June 30) during which child turns 18, unless court specifically directs otherwise; on motion, court has discretion to extend through the school year in which the child turns 19 but only if both parents participate or acquiesce in the decision that delayed completion of high school
• Collection of Past Due Support
Generally, installments due after 7-1-81 are enforceable until 2 years after child is emancipated; with appropriate actions, enforceability may be extended indefinitely; installments due before 7-1-81 or which remain unpaid more than 2 years past emancipation may be enforceable but require case-by-case determination
•DormancyGenerally, installments due after 7-1-81 are enforceable until 2 years after child is emancipated; with appropriate actions, enforceability may be extended indefinitely; installments due before 7-1-81 or which remain unpaid more than 2 years past emancipation may be enforceable but require case-by-case determination; arrearages under a non-KS order must have accrued or been reduced to a lump-sum judgment within 5 years prior to filing action on the judgment or registration in KS; thereafter normaldormancy rules apply to the amount registered or awarded
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through all methods available for enforcing any other KS support order including contempt
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to Judgment
Yes; months in which absent parent was in full compliance with support order must be excluded from claim; reimbursement limited to child's pro rata share of AFDC grant; pro rata share is total AFDC grant for 1 month, divided by number of people in household on grant during month
Recovery of Costs for Initiating StateYes, upon request
Recovery of Costs Elected Under State PlanNo; however, in certain judicial districts there are court imposed charges deducted from collections; the amount varies but does not exceed 5%
Domestic Relations Long-Arm StatuteYes, only applies in actions for divorce or separate maintenance (legal separation)
General Long-Arm StatuteYes; only application is in enforcing KS support order by exercising jurisdiction over employer doing business in KS regardless of physical location of absent parent/employee
Automated Locate ResourcesIn IV-D cases only, employment security (wages, unemployment benefits), IV-A, driver's licenses
An attorney's signature need not be notarized or certified; signature of obligee (including non-lawyer agent of IV-D agency) should be notarized or declare that the statement is true and correct and is given under penalty of perjury; date and place of declaration must be shown
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of agency official or certification by signature of court official (whichever is custodian of records)
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other Documents"Certified copy" means a duplicate with an original certification (rubber-stamped or attached) that it is a true and correct copy; photo copies of certified documents not acceptable; "authenticated copy" means a copy attested to be a true copy by an official and accompanied by a certificate, including seal of office, that the attesting official is the custodian of the record; all documents must be on letter-size paper
Income Withholding Terminology
Included IncomeAll periodic income except workers' compensation, public assistance, unemployment insurance, and certain state pensions and disability benefits; except for workers' compensation, these payments may be intercepted in IV-D cases under different law with results similar to income withholding
Fee Charged by EmployersUp to $5.00 per withholding but no more than $10.00 per month per withholding order
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresImmediate Income Withholding (KS support order)
After 10-1-90, all new or modified support orders in title IV-D cases must provide for immediate income withholding; separate Income Withholding Order (IWO) will be served on employer; all other procedures follow "standard"; beginning 7/1/93, immediatewithholding also applies to all new or modified non-IV-D cases
Notice of intent to request IWO served on obligor; if no motion to stay issuance of IWO, obligee files affidavit with court; IWO issued automatically; IWO served on employer/payor, who is required to begin deductions and file an answer (one-time); this confirms correct calculations and provides contact phone/address with payroll department; thereafter employer transmits money to court; if earnings insufficient to meet all IWO's, employer contacts State IV-D office for application of statutory formula
Interstate (Only available to IV-D cases)
KS adopted ABA Model Act; certified copies of order, modifications, payment history, and previous IWO's and sworn statement of arrearage and statement of information are filed with court--"mini" registration only confers jurisdiction for income withholding; all other procedures follow "Standard"
NOTE: Employer must be identified or SSN provided. Recommend calling KS Central Registry for employment security check if employer is unknown.
Interstate immediate withholding is available if order State has issued a withholding order that has not been terminated, jurisdiction (personal & subject matter) was valid, and terms of withholding order are compatible with KS procedures (i.e., flat dollar amounts for current and any past due support to be withheld).
KS cannot process current support orders for an indefinite amount (example: 20% of obligor's income); KS will collect arrears under such an order that have been reduced to a lump-sum amount
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 NeededCertified copies of support order, modifications, payment history, previous income withholding orders, sworn statement of arrearage and any assignment of support rights; Statement of Information (form available through KS central registry); withholding law of order State (only part stating criteria for obtaining income withholding in order State); all documents must be on letter-size paper
Uniform Act on Blood TestingNo
Interstate Paternity ProceduresCentral registry screens, verifies/checks for employment, refers case to local attorney and sends acknowledgment and referral data to initiating State; typically, local attorney files petition with court (copy served on defendant) and immediately files motion and order for blood tests; most defendants will enter into agreed order when test results returned; if necessary, case is tried before court (no right to jury trial)
Presumption of Paternity Standard Based on Test Results
Marriage as Presumption of Paternity
Yes, if married at time of conception and (when applicable) child born with 310 days following entry of divorce decree
Other Statutory PresumptionsWritten acknowledgement of paternity; name placed on birth certificate with his consent; obligated to support child by voluntary promise or court order; notoriously or in writing recognizes his paternity
Recognition of Common Law MarriageYes; if at time common law marriage is claimed to have been created both parties had legal and mental capacity to marry, both had intention to be married, and they held themselves out to others as being married
Documents Required in Addition to Mandated Forms and Number of Copies NeededInitiating States are asked to indicate whether they have a long-arm statute and, if so, why its application was not appropriate or successful in this case; certified copy of birth certificate recommended; completed KS Domestic Relations Affidavit (available through KS central registry) recommended; local KS jurisdictions may request additional evidence
Putative Father's Name on Birth CertificateMust be requested in petitions; if mother wants a copy of amended certificate, she must send request directly to Department of Health Environment (with payment); not a IV-D function
Personal Appearance of Witness or Custodial Parent RequiredOccasionally, if IV-D attorney is unsuccessful in persuading defense counsel and court to accept substitute form of appearance
Acceptable Methods of TestimonyWritten, videotape, teleconferencing, plus oral depositions; generally, defendant must consent to use of substitute methods
Laboratory normally takes care of all test arrangements; inquiries about specific cases should go to local attorney assigned
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsAttested results admitted without further foundation unless defendant gives prior notice of intent to challenge their validity
Assistance to Other States Using Their Long-Arm Statutes
D. SUPPORT ORDER ESTABLISHMENT
Interstate ProceduresURESA pleadings required; Central Registry screens, verifies, and checks for employment, refers to local attorney and sends acknowledgment and referral data to initiating State; typically, attorney files petition with court (copy served on defendant); attorneys generally seek agreed order based on guidelines; if unsuccessful, proceed to trial; copy of order sent to initiating State
Considered for Setting Support Under GuidelinesSpecial medical needs of child; cost of providing health care (including dental); child care costs (work related); CP's gross income; AP's gross income; age of child; second family involvement; other support orders (to extent paid); public assistance not counted as income; income may be imputed for parent willfully under- or unemployed; parental assets considered only for adjustments
Criteria for RebuttalBest interest of the child to adjust for: long distance visitation; time spent with AP; income tax exemption; child's special needs; agreement to support beyond minority; cost of living differential; child's residence with a third party; overall financial condition of family
Public Assistance History RequirementsIf seeking new order for reimbursement, where no support order exists, need monthly grant and number of people on grant; if seeking arrears under existing order, normally do not need grant amount unless arrears exceed total AFDC and excess cannot be distributed to former AFDC family; local jurisdictions may require specific information, particularly if defense raises issue of child's physical location
Contact Point for Public Assistance HistoryCSE Central Office
Documents Required in Addition to Mandated Forms & Number of Copies NeededDomestic Relations Affidavit recommended (available through KS central registry); local jurisdictions may require additional evidence; if there is an existing order, recommend attaching 3 certified copies of order, modifications and pay record to establishprima facie duty of support; paternity affidavit is required unless parents were married before birth or there is a court order finding paternity
Enforcement of Existing Instate Order when Family Lives in Another StateYes; only if obligor currently lives in KS or has property or income in KS
Preferred Method of EnforcementInterstate transmittal document (requesting enforcement of existing order)
Documents Required in Addition to Mandated Forms & Number of Copies Needed Domestic Relations Affidavit (available through KS central registry); extremely help