Handbook on Child Support
Enforcement
(From the U.S. Department
of Health and Human Services)
Last updated
September, 1997
Table
of Contents
Introduction
The
Child Support Enforcement (CSE) Program is a Federal/State/local
partnership to collect child support: we want to send the strongest
possible message that parents cannot walk away from their children.
Our goals are to ensure that children have the financial support
of both their parents, to foster responsible behavior towards children,
and to reduce welfare costs.
The
CSE Program was established in 1975 as Title IV-D of the Social
Security Act. It functions in all States and territories, through
the State/county Social Services Department, Attorney General's
Office or Department of Revenue. Most States work with prosecuting
attorneys, other law enforcement agencies, and officials of family
or domestic relations courts to carry out the program at the local
level.
State
Child Support Programs locate noncustodial parents, establish paternity,
establish and enforce support orders, and collect child support
payments. While programs vary from State to State, their services
are available to all parents who need them.
The
Federal Office of Child Support Enforcement is part of the U.S.
Department of Health and Human Services. It helps States develop,
manage, and operate their programs effectively and according to
Federal law. The Office pays the major share of State program operating
costs, provides policy guidance and technical help to enforcement
agencies, conducts audits and educational programs, supports research,
and shares ideas for program improvement.
We
believe that child support enforcement provides hope as well as
support to America's children. We dedicate this Handbook to the
millions of parents who put their children first by responsibly
providing for their emotional and financial support.
The
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA) included provisions to ensure that more children
have paternity and child support orders established and receive
financial support to cover their basic needs. The new cash assistance
program, Temporary Assistance to Needy Families (TANF), that has
replaced Aid to Families with Dependent Children (AFDC), is time
limited. Child support provisions of the new law are designed to
ensure that those noncustodial parents who have not done so will
take a fair share of the responsibility for the financial support
of children.
•
A National new hire reporting system. The law establishes a
National Directory of "New Hires" which requires employers
to report all newly hired employees for inclusion in State and National
Directories of New Hires. This provision will speed direct withholding
of child support from wages as well as help track obligated parents
across State lines. (Effective 10/1/97)
•
Streamlined paternity establishment. The law makes it easier
to establish legal paternity for children born to unmarried parents.
It expands the use of administrative (rather than judicial) procedures
and the voluntary in-hospital paternity establishment program, and
requires standardized acknowledgment forms. (Effective 10/1/96)
•
Uniform interstate child support laws. The law provides for
uniform rules, procedures, and forms for interstate cases. (Effective
1/1/98)
•
Computerized statewide collections. States are required to establish
centralized collection and disbursement units. (Effective 10/1/98)
•
Enhanced techniques/tough new penalties. Under PRWORA States
can implement enhanced child support enforcement techniques. The
law expands wage withholding, and allows states to require obligated
parents to work. The law also enables States to revoke drivers,
professional, recreational and occupational licenses of parents
who owe delinquent child support, and allows States to seize assets.
•
Access and visitation programs. In an effort to support noncustodial
parents' involvement in their children's lives, the law includes
grants to states to develop programs that support children's visitation
with and access to their noncustodial parents.
Are
you a parent--divorced, separated or never married--with children
to support?
Do
you need help to get a child support order?
Do
you need help to collect child support payments from the parent
who has an order to pay?
States
must use proven enforcement tools on behalf of families who apply
for child support enforcement services. The Child Support Enforcement
(CSE) Program is run by State Human Services Departments, Attorney
General's Offices, or Departments of Revenue. To learn more about
the program or to apply for child support services, call your local
CSE office. Check the county listings in your telephone book to
get the telephone number, or call or write the State CSE Agency
listed at the back of this Handbook. (CSE Agency toll-free numbers,
when available, are listed too.)
For
the most part, child support enforcement problems are handled according
to State and local laws and practices. States often can use administrative
procedures* or other legal processes for establishing and enforcing
support orders more quickly than is usually possible with court
proceedings.
*
Words in italics are defined in the Glossary in the Appendix.
In
this Handbook, you will find the basic steps to follow to establish
paternity and obtain a support order, and to collect the support
due, whether you are working with your State or local CSE Program
or your own attorney. The Handbook is organized so that you can
refer directly to the sections you need.
Your
State's Child Support Enforcement Program is available to help you:
- Find
the noncustodial parent: Location
- Establish
legal fatherhood for children: Paternity
- Establish
the legal support order: Obligation
- Collect
child support payments: Enforcement
Problems
such as property settlement, visitation and custody are not, by
themselves, child support enforcement issues and the CSE Program
generally cannot enforce court orders relating to them. Parents
must deal with these issues through the courts or other systems
set up by the State. Today, about 85 percent of custodial parents
are women and 15 percent of custodial parents are men. As you go
through this Handbook, remember that either parent may have been
awarded primary custody by the court.
REMEMBER:
The more you know about child support enforcement, the more you
take an active role in getting information to your caseworker and
asking questions about your case, the more success you will have
in obtaining regular and full child support payments for your children.
The
person you will be working with at your enforcement office may be
called a caseworker, investigator, enforcement worker, collection
specialist, or child support worker. The term "caseworker"
will be used in this Handbook. Also, the words "court"
or "judge" mean the official agency having the authority
in your State to make legally binding decisions.
Who
can get help?
Any
parent or person with custody of a child who needs help to establish
a child support or medical support order or to collect support payments
can apply for child support enforcement services. People who have
received assistance under cash assistance programs - Aid to Families
with Dependent Children (AFDC), or the new Temporary Assistance
for Needy Families (TANF) (we will refer to these as "cash
assistance" in this Handbook), or Medicaid or Federally-assisted
Foster Care programs are automatically referred for child support
enforcement services.
An
unmarried father can apply for services to establish paternity--a
legal relationship with his child.
A
noncustodial parent whose case is not in the CSE Program
can request services to make payments through the Program. Doing
so can ensure that there is a record of payments made.
Where
do I apply for help in obtaining child support?
Through
your local child support enforcement (CSE) office. The number can
be found in your telephone directory usually under the State/County
social services agency.
Is
there an application fee?
People
receiving assistance under Medicaid, Foster Care, or cash assistance
programs do not have to pay for CSE services. For all others, a
fee of up to $25 is charged, although some States absorb all or
part of the fee or collect payment from the noncustodial parent.
Are
there any other costs?
Because
child support agencies may recover all or part of the actual costs
of their services from customers who are not in a public assistance
program, there may be other costs to parents. These can include
the cost of legal work done by agency attorneys and costs for locating
a noncustodial parent. Such costs may be deducted from the child
support before it is sent to you or may be collected from the noncustodial
parent. Not all States recover the costs of their services. Your
local CSE office can tell you about the practices in your State.
My
State recovers costs from the custodial parent. How will I know
how much will be deducted from my support checks?
Your
caseworker should be able to estimate the costs involved in your
case, and give you an idea of how much they will deduct from each
check before sending it to you.
Will
I receive the entire amount of support paid?
If
you have not received cash assistance, you will receive the total
child support payment (less any fees the State may collect). If
you are receiving cash assistance, check with your State CSE Agency.
Some States will give you the entire child support payment and reduce
your assistance payment, others will keep the entire amount and
not reduce the assistance payment. If you are not receiving cash
assistance now but did in the past, if amounts are still owed to
the State, any support collected beyond the amount ordered for current
support may be used to reduce the arrearages owed.
Will
there be an extra cost if the enforcement agency is dealing with
the enforcement agency in another State?
There
may be extra costs if more than one State is handling your case.
Ask your caseworker to estimate these costs, if any.
Will
the enforcement agency keep track of my child support payments to
make sure they keep coming? I am not in a cash assistance program.
CSE
offices are required to monitor payments to make sure they are made
regularly and fully. But you should inform the agency if payments
are late or in the wrong amount, or if you receive payments directly.
When you monitor your case, you can keep the CSE office informed
so that it can act quickly if needed.
I'm
getting a divorce and my spouse wants me to pay child support directly
to her. Can I insist on paying through the CSE office?
You
should send your payment to whomever is specified in the child support
order. Since January, 1994, support orders must include a provision
for wage withholding unless both parents and the courts agree
on another payment method. If your order does not call for wage
withholding, you can request this service. If you do, you will have
a record that you have made payments as required. If you are self-employed,
you may be able to arrange for an automatic transfer of funds to
the child support agency through electronic funds transfer.
Either parent can apply for CSE services, which include receiving
and distributing payments.
The
noncustodial parent lives across the State. I cannot afford to take
the time off from work or travel there for a child support hearing.
How can I get enforcement of my child support?
Most
local CSE offices handle enforcement in different jurisdictions
in the same State without your having to travel outside your own
jurisdiction. Ask your local CSE office for details about how enforcement
would work in your case.
I
am applying for cash assistance. Do I have to provide information
about the father?
To
be eligible for assistance, you must provide information to help
to identify the father and collect child support from him. Any child
support collected will be used to help support your children--going
either directly to you or to repay the State for your assistance
grant. Your State CSE Agency will explain how the child support
will be used.
I
am applying for cash assistance, but I am afraid that the father
may hurt me or the children if I tell a caseworker who he is. What
should I do?
Under
some conditions, the CSE office may agree that there is "good
cause" for not trying to collect support from the father. You
can explain the situation to your caseworker and provide supporting
information.
My
children and I need money now. The noncustodial parent left us 10
years ago. Can the CSE office still take my case?
If
you apply for services, the CSE office will try to find the noncustodial
parent to establish or enforce a child support obligation. Be sure
to give your caseworker all the information you have that might
help find the parent.
If
the CSE office can't find the noncustodial parent, does that mean
I can't get cash assistance?
No.
You can get cash assistance if you are trying to help find the noncustodial
parent. Your State or local CSE Agency will tell you what information
they will need you to provide in order to get assistance.
What
does the child support enforcement agency need to know?
No
matter where you start--establishing paternity, finding a noncustodial
parent, establishing or enforcing a support order--the CSE office
must have enough information to pursue your case. All information
you provide will be treated in confidence. The more details you
provide, the easier it will be to process your case and to collect
child support payments for your children.
What
documents do I need to bring to the enforcement agency?
The
following information and documents will help the CSE office to
locate the parent, establish paternity, and establish and/or enforce
your child support order:
•
Information about the noncustodial parent
•
name, address and social security number
• name and address of current or recent employer
• names of friends and relatives, names of organizations to which
he or she might belong
• information about his or her income and assets - payslips,
tax returns, bank accounts, investments or property
holdings
• physical description
•
children's birth certificates
•
if paternity is an issue, written statements (letters or notes)
in which the alleged father has said or implied that the child is
his
•
your child support order
•
your divorce decree or separation agreement
•
records of any child support received in the past
•
information about your income and assets
You
play a big role in getting the child support your children deserve.
I'm
the noncustodial parent. I love my kids. I pay my child support.
About half the time when I go to pick them up for my weekend, my
ex-wife has made other plans for them. It's not fair that the State
will enforce my child support obligation but not do anything about
my rights.
Although
the CSE Program lacks authority to enforce visitation, many State
or local governments have developed procedures for enforcing visitation
orders. Also, a provision of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA) makes funding available
to States for developing model programs to ensure that children
will be able to have the continuing care and emotional support of
both parents. Check with your CSE office to see what resources are
available to you and to find out about laws which address custody
and visitation.
Finding
the Noncustodial Parent: Location
To
establish the paternity of a child, to obtain an order for support,
and in most cases, to enforce that order, the CSE agency must know
where the other parent lives or works. When a legal claim is made
by one person against another, the defendant must be given
notice of the legal action taken and the steps necessary to protect
his or her rights. To notify the noncustodial parent in advance--either
by certified mail or in person--child support enforcement officials
need a correct address. If you do not have the address, the CSE
office can try to find it. The most important information that you
can provide to the child support office is the noncustodial parent's
social security number (SSN).
The
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA) has given us an important new tool for locating
parents who owe child support. It requires State and National Directories
of newly hired employees. Employers will be required to report their
employees within 20 days of their hiring to a State Directory of
New Hires. The State Directory will report the information to a
National Directory of New Hires provided by the Federal Office of
Child Support Enforcement.
State
CSE Agencies, with due process and security safeguards, have access
to information from the following:
•
State and local government:
Vital
statistics
State tax files
Real and titled personal property records
Occupational and professional licenses
and business information
Employment security agency
Public assistance agency
Motor vehicle department
Law enforcement departments
•
Records of private entities like public utilities and cable television
companies (such as names and addresses of individuals and their
employers as they appear in customer records)
•
Information held by financial institutions, including asset and
liability data.
I
think the noncustodial parent is still in the area. What information
will the enforcement office need to find him?
Most
important is the SSN and an employer's name and address; also helpful
are the names, addresses and phone numbers of relatives, friends,
or former employers who might know where he/she works or lives.
Unions and local organizations, including professional organizations,
might also have information.
What
if I don't have the SSN?
Social
security numbers are now required on applications for professional
licenses, commercial driver's licenses and marriage licenses, on
divorce records, support orders, paternity determinations or acknowledgments,
and death records.
If
none of these is available, or the SSN was not yet required when
the document was issued, the CSE office can subpoena information
about bank accounts, insurance policies, credit cards, payslips,
or income tax returns. If you and the other parent filed a joint
Federal income tax return in the last three years, the CSE office
can get the social security number from the IRS. Your caseworker
may be able to get the SSN with at least three of the following
pieces of information: the parent's name, place of birth, date of
birth, his/her father' name, and his/her mother's maiden name.
What
if the noncustodial parent cannot be found locally?
Your
CSE office will ask the State Parent Locator Service (SPLS)
to search. Using the social security number, the SPLS will check
the records of State agencies such as motor vehicle registration,
unemployment insurance, income tax, and correctional facilities.
If the SPLS finds that the parent has moved to another State, it
can ask the other State to search, or send a request to the Federal
Parent Locator Service (FPLS).
What
resources does the FPLS have?
The
FPLS can search for addresses in the records of the Internal Revenue
Service, the Department of Defense, the National Personnel Records
Center, the Social Security Administration, the Department of Veterans
Affairs, and State Employment Security Agencies. States will be
reporting newly hired employees to a National Directory of New Hires,
which, as of October 1, 1997, will be a part of the FPLS.
Can
my lawyer or I ask the FPLS to find an address for the other parent?
Not
directly. However, you or your attorney can submit a request to
use the FPLS through the local or State CSE Agency.
Can
State and Federal location efforts be made at the same time?
Yes.
For instance, a search can be initiated by the State to another
State and to the FPLS at the same time.
Can
enforcement agencies use the Federal income tax return to find out
where the noncustodial parent lives and what he or she earns?
Yes.
Under certain conditions, the IRS, working through the State and
Federal Child Support Enforcement Agencies, may disclose to the
child support office information that income providers submit on
IRS Form 1099. This information is a valuable tool to help find
a noncustodial parent and determine his or her financial assets.
The information may only be used for the purpose of enforcing child
support payments.
Information
available through Form 1099 includes both earned and unearned income,
including wages, earnings on stocks and bonds, interest from bank
accounts, unemployment compensation, capital gains, royalties and
prizes, and employer and financial institution addresses. A number
of very small businesses submit 1099 asset information to the IRS,
so this can be a good source of information. Any information obtained
from the IRS must be verified through a second source, such as an
employer or bank, before the CSE agency can use it.
What
will happen when the caseworker has the current address of the noncustodial
parent?
The
worker will verify the home and work addresses, then ask the noncustodial
parent to come to the CSE office for an interview, or notify him/her
that legal action may be taken.
The
father of my child is in the military, but I don't know where he
is stationed. Can the enforcement agency find him?
Yes.
The FPLS can provide the current duty station of a parent who is
in any of the uniformed services.
Establishing
Fatherhood: Paternity
A
father can acknowledge paternity by signing a written admission
or voluntary acknowledgment of paternity. All States have
programs under which birthing hospitals give unmarried parents of
a newborn the opportunity to acknowledge the father's paternity
of the child. States must also help parents acknowledge paternity
up until the child's eighteenth birthday through vital records offices
or other entities designated by the State. Parents are not required
to apply for child support enforcement services when acknowledging
paternity.
Under
the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA)
an acknowledgment of paternity becomes a finding of paternity
unless the man who signed the acknowledgment denies that he is the
father within 60 days. If it becomes necessary to seek child support,
a finding of paternity creates the basis for a child support order.
A support order against the father cannot be established for a child
who is born to unmarried parents until paternity has been established.
It
is important to establish paternity as early as possible. While
CSE offices must try to establish paternity for any child up to
the child's 18th birthday, it is best to do it as soon after the
child's birth as possible. If the man will not acknowledge that
he is the father, the CSE agency can order genetic testing.
These tests are simple to take and highly accurate.
What
are the benefits of establishing paternity?
Paternity
establishment can provide basic emotional, social, and economic
ties between a father and his child.
Once
paternity is established legally, a child gains legal rights and
privileges. Among these may be rights to inheritance, rights to
the father's medical and life insurance benefits, and to social
security and possibly veterans' benefits. The child also has a chance
to develop a relationship with the father, and to develop a sense
of identity and connection to the "other half" of his
or her family. It may be important for the health of the child for
doctors to have knowledge of the father's medical history.
What
will the enforcement caseworker need to know to try to establish
paternity?
The
caseworker needs as much information as you can give about the alleged
father and the facts about your relationship with him, your pregnancy,
and the birth of your child. Some of these questions may be personal.
States must keep the information that you give confidential.
The
caseworker will also want to know whether he ever provided any financial
support, or in any other way acknowledged--through letters or gifts--that
the child was his. A picture of the alleged father with the child
is helpful, as well as any information from others who could confirm
your relationship with him.
What
if he denies he is the father, or says he's not sure?
Paternity
can be determined by administrative procedures which take into account
highly accurate tests conducted on blood or tissue samples of the
man, mother and child. Genetic test results indicate a probability
of paternity and can establish a legal presumption of paternity.
These tests have an accuracy range of between 90 and 99 percent.
They can exclude a man who is not the biological father and can
also show the likelihood of paternity if he is not excluded. Each
party in a contested paternity case must submit to genetic tests
at the request of either party or the CSE agency.
If
genetic tests are necessary, who pays for them?
If
the State orders the tests, the State must pay the cost of the testing.
If the father is identified by the tests, some States will charge
him for their costs.
If
a party disputes the original test result, he or she can pay for
a second genetic test and the State must then obtain additional
testing.
What
happens if I am not sure who the father is?
If
the father could be one of several men, each may be required to
take a genetic test. These tests are very accurate, and it is almost
always possible to determine who fathered a baby and to rule out
any one who did not.
My
boyfriend is on a military base abroad and I am about to have his
baby. How can I establish paternity and get an order for support?
You
can apply for child support enforcement services at your local CSE
office. If he is willing to sign documents to acknowledge paternity
and agree to support, then enforcement can proceed by a wage withholding
order. If the man is on a naval ship or lives on a military base
abroad and will not acknowledge paternity, it may be necessary to
wait until he returns to the United States for blood work to be
done.
The
father of my child said I would never get a paternity judgment on
him because he'd just leave the State. What happens in this case?
If
the accused father fails to respond to a formal complaint
properly served upon him, a default judgment can be entered
in court. The default judgment establishes paternity. At the same
time, a court order for support may be issued. If the parent has
disappeared, State and Federal Parent Locator Services can be called
on to help find him. States must give full faith and credit to paternity
determinations made by other states in accordance with their laws
and regulations.
My
boyfriend and I are still in high school, and our baby is 6 months
old. Why should legal paternity be established if the father has
no money to support the child?
When
the father gets older and starts working, he will be able to support
the child. Having paternity established legally, even if the order
for support is delayed, means collecting child support will be easier
later.
My
baby's father lives out of State. Can I still have paternity established?
Yes,
you can. If the baby was conceived in your State, or the father
used to live there, your State can claim "long arm" jurisdiction
over him, and require that he appear for paternity establishment.
If your State cannot claim jurisdiction, the CSE Agency can petition
the State where he lives to establish paternity. Your caseworker
will be able to tell you what needs to be done in your case.
What
happens after paternity is established?
If
it becomes necessary to establish a child support order, a CSE caseworker
may discuss the child's needs with the father and what he is required
to pay for child support according to the State guidelines. The
court may also include at this time the exact terms of custody,
visitation, and other parental rights.
I
don't want my daughter's father in our lives. I'd rather work two
jobs and support my child myself than have him establish paternity.
As long as I don't receive public assistance, why does establishing
paternity matter?
There
are few situations when it is not in children's best interest to
have paternity established. Knowing their father and having his
emotional and financial support is very important to children. Also,
remember, the child's father has the right to request genetic testing
to prove that he is the father and he can then establish the legal
right to a relationship with his child.
I
don't have any way to support my baby without help, but my baby's
father is dangerous. I'm afraid to tell the caseworker who he is.
If
you are worried about your or the baby's safety if you try to establish
paternity, if you need to be in a cash assistance program, you may
talk with your caseworker about showing "good cause" for
not naming the father.
My
child's father wants to declare paternity. Is there an easy way
for him to do this?
All
States offer parents the opportunity to voluntarily acknowledge
a child's paternity until the age of 18. Forms are available at
the hospital or from the State vital records agency. More information
is available from the CSE agency.
Establishing
the Support Order: Obligation
If
child support enforcement becomes an issue, it is necessary to have
a legal order for child support spelling out the amount of the obligation
and how it is to be paid. Data from the United States Census Bureau
show that, of the over 11 million families with a parent living
elsewhere, only 56 percent have legally binding support orders.
Establishing
a support order depends on how much success you and your caseworker
or lawyer have in several critical areas, such as locating the noncustodial
parent if necessary, identifying what he or she can pay, and determining
the financial needs of the child.
States
are required to have child support guidelines available to
all people who set child support amounts. Most State guidelines
consider the needs of the child, other dependents, and the ability
of the parents to pay. States must use the guidelines unless they
can be shown to be inappropriate in a particular case.
States
today have arrangements for establishing the support order by an
administrative procedure or other expedited legal procedure.
The hearing may be conducted by a master or a referee of the court,
or by an administrative hearings officer. An agreement made between
the parents, based on the appropriate child support guidelines,
and approved by this kind of agency generally has the same effect
as one established in court. It is legally binding on the parties
concerned.
The
agreement that the parents make should provide for the child's present
and future well-being. It may be useful to discuss these issues
together if you can, or with a mediator or family counselor. You
may call your Child Support Enforcement (CSE) office to find out
about your State's guidelines.
How
does the caseworker find out about the other parent's income or
assets? I don't know much that will help.
The
caseworker will make every possible effort to identify the parent's
employment, property owned, and any other sources of income or assets.
This information must be verified before the support order is final.
Under certain situations, the IRS may provide financial information
about the parent's earned and unearned income such as interest payments
and unemployment compensation. The State CSE agency now has access
to financial institution data, such as bank accounts, and credit
bureau data, which may provide information about employers and/or
assets.
I'm
sure the other parent is willing to pay support. Can we make an
agreement between ourselves and present it to the court?
If
parents can cooperate and agree, all the better. You can get help
from a lawyer, mediator or family counselor. The court's sole interest
in your agreement is to see that it is fair to all parties, that
the welfare of the children is protected, and that the agreement
conforms with the guidelines.
Are
the earnings of both parents considered in setting support awards?
In
some State guidelines, both parents' earnings are considered in
setting the amount of the support order. Check with your CSE office.
Laws vary from State to State, but parents who can work out a fair
support agreement between themselves will have a better chance of
having their wishes recognized in court.
My
wife and I are working out a joint custody agreement. How would
the court decide the amount of child support for each of us?
That
depends a lot on the terms of your custody agreement and on your
State guidelines: some States have guideline formulas that take
joint custody into account. The same factors would apply: State
guidelines, each parent's ability to pay, and the needs of the child.
My
husband's income is enough to support the children and me without
a drop in our standard of living after the divorce. Do the courts
consider this?
These
decisions, again, are based on the State's guidelines. Of course,
parents can try to have the amount of support changed if their financial
situations change.
I
just heard that my son's mother has had three promotions in the
last four years but the child support is still like it was six years
ago. Is there some way to find out when she has a raise?
CSE
offices will review child support orders every three years if either
parent requests such a review. Ask your caseworker for information
about reviewing and, if appropriate, modifying your child support
order. States can adjust child support orders according to child
support guidelines, a cost of living adjustment, or automated methods
determined by the State. What can I do to get my support increased
if it is too low?
If
you go to your CSE office for a modification of your order, the
income and assets of the noncustodial parent, in many States
your financial situation, and any special needs of the child will
need to be determined. If appropriate, the agency can then seek
a legal modification.
Is
there a limit to the amount of money that can be taken from my paycheck
for child support?
The
amount that can be withheld from an employee's disposable wages
is limited by the Federal Consumer Credit Protection Act (FCCPA)
to 50 percent of disposable earnings if an obligated parent has
a second family and 60 percent if there is no second family. These
limits are each increased by 5 percent (to 55% and 65%) if payments
are in arrears for a period equal to 12 weeks or more. State law
may further limit the amount that can be taken from a wage earner's
paycheck.
My
ex-husband has remarried and has another family to support. How
will this affect the support that my children are due?
Even
though the noncustodial parent has a second family, this does not
eliminate responsibility to the first family. In some States, the
judge may grant the noncustodial parent a decrease in the obligation
based on guidelines for child support. You should be notified beforehand
and given an opportunity to contest the proposed change. Other factors
which could lower the support order include steady employment of
the child or poor health or decreased earning ability of the noncustodial
parent.
My
children's father is divorcing again and will have another child
support order. We live in another State and I'm afraid that this
second order will be enforced before mine.
State
guidelines may indicate how child support is to be shared when there
is more than one support order. If his income will not provide for
both orders, the amount of support for your children may be reduced,
but you will receive a share of the support collected. For orders
enforced by wage withholding, States must have a formula for sharing
the available income among the support orders. Ask your caseworker
for more information.
I
can't get health insurance with my job but my ex-wife gets good
benefits where she works. Can she be required to put the children
on her insurance?
Yes.
The CSE agency must petition the court to include medical support
in any order for child support when employment related or other
group health insurance is available to the noncustodial parent at
a reasonable cost. Court orders can also be modified to include
health care coverage.
If
you are not receiving cash assistance or Medicaid, the CSE agency
will help you enforce a medical support order if you want it to.
If you do not want its help, you may decline it. For people on cash
assistance, or Medicaid, the CSE agency must order the noncustodial
parent to provide health insurance, if it is available.
Federal
law requires States to have laws which should make medical support
enforcement easier. For example, insurers can no longer refuse to
enroll a child in a health care plan because the parents were not
married or because the child does not live in the same household
as the enrolled parent. The law also created a tool that child support
agencies will be able to use to establish and enforce medical support
when the noncustodial parent participates in a group health plan
but does not enroll the child.
This
law provides that custodial parents can obtain information about
coverage directly from an insurer, submit claims directly to the
insurer, and be reimbursed directly by an insurer. For specific
information about these laws in your State, contact the CSE office.
The
father of my child is in jail. Can I get support?
Past-due
support may accumulate while the father is in jail. But unless he
has other assets, such as property or any income such as wages from
a work-release program, it is unlikely that support can be collected
while he is in jail. Depending on State law, your support order
may be modified so that payment is deferred until he is released
and working.
After
I pay my child support, I don't even have enough money for decent
food. When my child support order was set I was making about $300
a month more than I am now. Can I get the order changed?
Either
parent can request a review, and adjustment, if appropriate, of
a child support obligation every 36 months, or sooner if there has
been a substantial change in circumstances such as reduced income
of the obligated parent. Check with your CSE office to see if your
child support obligation is in line with State guidelines and ask
how to request a review.
If
your case does not meet the State's standards for review, either
because the order has been reviewed within three years or the change
in income is smaller than would merit an adjustment under State
standards, you may still be able to petition the courts for a hearing.
In this case, it may be helpful to have the services of an attorney.
Your local legal aid society may be able to provide low-cost counsel
to parents who cannot afford a private attorney. Also a number of
States have information about how to handle your case pro se (a
legal term for representing yourself) to have the courts determine
if your support obligation should be changed. Contact your local
CSE office or the court.
Enforcing
the Support Order: Enforcement
A
main objective of the Child Support Enforcement Program is to make
sure that child support payments are made regularly and in the correct
amount. While many noncustodial parents are involved in their
children's lives and are willing to pay child support, lapses of
payment do occur. When they do, a family's budget can be quickly
and seriously threatened,
and
the anxiety the custodial parent feels can easily disrupt
the family's life.
For
this reason, Congress decided that immediate wage withholding
should be included in all child support orders. (States must also
apply withholding to sources of income other than wages.) For child
support orders issued or modified through State CSE Programs, immediate
wage withholding began November 1, 1990. Immediate wage withholding
began January 1, 1994 for all initial orders which are not established
through the CSE Program. The law allows for an exception to immediate
wage withholding if the court (or administrative process) finds
good cause, or if both parents agree to an alternative arrangement.
In these cases, an arrearage equal to one month's payment will trigger
withholding.
If
the noncustodial parent has a regular job, wage withholding for
child support can be treated like other forms of payroll deduction--income
tax, social security, union dues, or any other required payment.
If
payments are skipped or stop entirely, especially if the noncustodial
parent is self-employed, works for cash or commissions, changes
employment, or moves frequently, the CSE office will try to enforce
the support order through other means.
Subject
to due process safeguards, States have laws which allow them to
use enforcement techniques such as State and Federal income tax
offset, liens on real or personal property owned by the debtor,
orders to withhold and deliver property that may satisfy the debt,
or a seizure and sale of property with the proceeds from the sale
applied to the support debt. These methods can be used by the CSE
office without directly involving the courts.
The
noncustodial parent refuses to pay child support, but owns a good
deal of property in the county. Can a lien be issued on the property?
Yes.
But you must remember a lien on property does not by itself result
in the immediate collection of any money. It only prevents the owner
from selling, transferring, or borrowing against the property until
the child support debt is paid. However, the presence of a property
lien may encourage the noncustodial parent to pay the past-due child
support in order to retain clear title to the property. States are
now required to give full faith and credit to liens issued by another
State.
Is
it possible to collect the support payments from personal property?
Under
some State laws, the enforcement official can issue an order to
withhold and deliver. The order is sent to the person, company,
or institution that is holding property belonging to the debtor,
such as a bank account, investments, or personal property. The holder
of the property must deliver it either to the enforcement agency
or court that issued the support order. Some States permit the property
to be attached or seized and sold to pay the debt. Some States require
noncustodial parents with a poor payment history to pledge property
as a guarantee of payment. Nonpayment results in forfeiture of the
property.
I
am working with a private attorney. Can she request wage withholding
for my child support payments?
Yes.
You can collect support through wage withholding if you use a private
attorney rather than the CSE office. States must also apply withholding
to other kinds of income in addition to wages, such as bonuses,
commissions, retirement, rental or interest income.
Can
I have the wage withholding applied to my existing child support
order?
Yes,
you can apply for the wage withholding through your local CSE office
or your attorney. Though there are limits on how much of a person's
check can be withheld, wage withholding can be used for both ongoing
support and arrearages. Ask the CSE agency how this can be done.
Why
can't my attorney work on my child support problem while I am receiving
services from the child support program?
Your
attorney can work with the child support program. For best results,
they should coordinate their efforts to prevent duplication of services
and conflicting enforcement decisions.
My
child's mother works for a big company and has moved several times
in her job. Can wage withholding work in this case?
Yes.
States must recognize the wage withholding orders from other States,
and continue the wage withholding as ordered, without regard to
where the noncustodial parent or the custodial parent and children
live.
My
ex-husband has a good job and is willing to have the payments deducted
from his paycheck, but his employer won't do it. What can I do?
Under
Federal law, an employer must withhold the support if ordered
to, or if the noncustodial parent requests it. If you run into problems
with an employer, seek the assistance of your CSE office.
The
children's father works irregularly and is paid in cash. Wage withholding
won't work for me. What will?
Automatic
billing, telephone reminders, and delinquency notices from your
CSE office might convince him to make regular payments. Other techniques,
such as property attachment, credit bureau reporting, tax refund
offset, and liens might work for the arrearages. The Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires
States to enact legislation to allow suspending or revoking drivers,
professional, occupational and recreational licenses if an arrearage
develops. If none of these is successful, your enforcement office
can take the case to court for stronger enforcement methods.
My
ex-wife has her own computer programming service. How can the CSE
office find out how much she earns, and how can they collect the
money?
The
CSE office has access to information from the Internal Revenue Service
to determine her income and assets. This information will help to
set the support order amount.
Cases
involving self-employed noncustodial parents can be the most challenging
to work, and often take more time and effort. If it is not possible
to arrange for an allotment or withholding, it may be possible to
secure liens on her payments from regular clients or to garnish
her bank account. If her business depends on having a license, she
may make arrangements to pay rather than risk losing her license.
Knowing that arrears will be reported to a credit bureau may give
her a strong incentive to comply with the order. Provide your caseworker
with as much information as you can about the business and her clients.
My
children's father owns a cross-country moving van and a nice home.
Why won't the child support office put a lien on either one?
Most
States will not put a lien on a primary residence or attach property
which a person needs to make a living. Talk to your caseworker about
what kinds of property are available for liens and attachment in
your State.
My
ex-spouse is in the Army. How do I go about having child support
payments deducted from a paycheck? And can I get medical coverage
for my child?
Members
of the military are subject to the same wage withholding requirements
as other public or private employees. Federal garnishment procedures
should be used in most instances, although use of military involuntary
allotments is sometimes more appropriate. If a service member is
not meeting a support obligation, a wage withholding order can be
sent to the Defense Finance and Accounting Service (DFAS) Center
in Cleveland, Ohio. Ask your CSE office for information on how to
start this action.
To
get medical coverage for a child of a military member, the child
must be enrolled in the Defense Enrollment Eligibility Reporting
System (DEERS). Contact the following DEERS Office for the nearest
DEERS enrollment site:
800-334-4162
(California only)
800-527-5602 (Alaska and Hawaii only)
800-538-9552 (all other States)
My
children's father retired from the Navy when he was only 40, just
before our divorce. Can his military retirement check be garnished
for back child support?
Yes,
it is possible to garnish the income of retired members of the military.
With the assistance of your caseworker or lawyer, you can get a
garnishment order from the court and send it with a certified copy
of your child support order to DFAS (as above). Your local enforcement
office can tell you the exact procedures and follow through on your
behalf.
The
children's mother works for the Federal government. She was recently
transferred and stopped making payments. What do I have to do to
get them started again?
All
Federal employees are subject to wage withholding, and there is
a central payment office for each Department, so moves within the
Department should not affect a wage withholding order. If you do
not have a formal support order, ask a child support office or an
attorney about establishing one. If you have a child support order,
your CSE office or attorney can help you to secure payments by wage
withholding. If she has moved to a different Department, the Federal
Parent Locator Service (FPLS) can provide her new location.
Can
past-due child support be taken from the State income tax refund?
Under
Federal law, all States with State income tax must offset
State income tax refunds for past-due support owed to families,
and to States for cash assistance they have provided.
How
does the nonpaying parent find out that his or her State tax refund
will be taken?
The
State must notify the noncustodial parent in advance of taking the
action. The notice specifies the amount owed in arrears and the
amount to be offset. It also tells whom to contact if the person
wants to contest the offset.
Can
Federal income tax refunds be offset the same way?
Yes,
States can request an offset of Federal income tax refunds for past-due
support of over $500 owed on behalf of minor children not receiving
cash assistance as well as over $150 owed to States that have provided
assistance.
Doesn't
the Internal Revenue Service have another method it can use to help
us get the support owed?
Yes,
your caseworker may be able to make a request for use of the IRS
"full collection" technique. Under certain conditions,
the Internal Revenue Service can attach a parent's income and other
assets for child support payments. The CSE agency can submit the
request when the amount owed is over $750 and there is good evidence
that the obligated parent has assets that can be tapped for collection.
Contact your caseworker for more information.
The
children's father lost his job and is collecting unemployment compensation.
Can child support payments be deducted and sent to me?
Yes.
Unemployment compensation, and other State and Federal benefits
can be tapped for child support. Ask your caseworker about the procedures,
and make sure you tell your caseworker immediately if you learn
about changes in the father's employment situation.
By
my own calculation, my ex owes me $3,475 in past due child support.
Can the enforcement agency try to collect it for me?
If
this support was owed before the CSE office became involved in your
case, the CSE office will have to verify the amount owed, and may
have to present the documentation to a court before it can start
collection procedures. While it is doing this, the agency can try
to collect support payments for current months.
I
heard that my children's father is buying a very expensive car.
He owes over $5,000 in back support. Can the credit agency be told
this?
Yes.
By Federal law, the CSE office must periodically report the amount
of past-due child support to credit reporting agencies. Consult
your caseworker for more information.
The
other parent does not work regularly and keeps falling behind in
child support payments. Is there any way the court can establish
regular payment?
As
mentioned before, property liens and attachments might work. In
certain cases Federal law also authorizes that the parent be required
to post security, bond, or other guarantee to cover support obligations.
These may be in the form of money or property. Ask your enforcement
caseworker if these might be applied to your case.
My
ex-wife has declared bankruptcy and says she doesn't have to pay
child support. Is that true?
Child
support payments generally cannot be discharged in bankruptcy. This
means that the parent who owed child support cannot escape this
duty by filing for bankruptcy. As of October 1994, bankruptcies
do not act as a stay, or hold, on actions to establish paternity
or to establish or modify child support obligations. The relationship
between child support and bankruptcy is complex, and you may need
the help of someone familiar with bankruptcy law. Ask your caseworker
how the CSE office can help.
My
daughter's father says that since he gives her gifts and money he
does not have to pay child support.
Courts
generally will not allow gifts to a child to take the place of child
support, and require that child support payments are carried out
as ordered by the child support agreement. In some cases, if the
voluntary payment is larger than a normal gift would be, a court
may decide to credit the payment as a child support payment.
Will
the Federal Government step in to enforce a difficult child support
case?
No.
State and local offices are responsible for establishing paternity
and establishing and enforcing child support orders. The Federal
Government tries to make sure that States use appropriate enforcement
techniques. It pays much of the cost of the program, issues policies,
offers technical assistance, and reviews State programs for compliance
with Federal requirements. (However,see Interstate Enforcement below.)
The
child support office is not enforcing my case. Can I take it to
a Federal Court?
If
your caseworker and State CSE office have had no response to their
requests for enforcement in another jurisdiction, it is possible
for the case to be heard by a Federal court. This is not done often,
and the decision to use a Federal court will be made by the Federal
Regional Office of Child Support Enforcement at the request of your
caseworker and the State enforcement office. If you are not satisfied
with the services you are receiving in your local CSE office, you
may ask your State CSE Agency for help. State Agency addresses are
listed at the end of the Handbook.
My
children are over 18 and don't get child support any more, but there
is still a $10,000 arrearage owed to me for support that was never
paid. Will the CSE office collect that money for me?
State
statutes of limitations determine how long the CSE Office
can try to collect on a child support debt. Within this period,
the CSE office is required by Federal law to collect verified back
support. Ask your CSE office for more information.
Can
my children be provided for if my ex-husband dies?
A
well written child support order should provide for continued support
if the noncustodial parent should die. The child support payments
should be defined as a claim against his estate. The children can
also be named as beneficiaries in your ex-husband's life insurance
policy or will.
The
children's mother lives in another State and we don't know when
she is buying something. Every time the kids come home from there
they talk about her new car or stove or something, but she still
won't pay her child support. Why can she get credit if the courts
know she owes her kids so much?
CSE
offices must report child support arrearages to credit bureaus.
The State notifies the noncustodial parent if the debt will be reported
to the credit reporting network. That sometimes is enough to encourage
payment of the overdue support.
My
ex-husband inherited a house and a sizable amount of money from
his parents. He already had some income property. Now he doesn't
have to work, and he put everything into his brother's name and
got his child support reduced to the State minimum.
Under
the Personal Responsibility and Work Opportunity Reconciliation
Act, States must have, or develop, laws and procedures for voiding
transfers of income or property that were made to avoid payment
of child support. Your CSE Office will have current information
about how your State is handling these fraudulent transfers.
WORKING
WITH OTHER STATES AND COUNTRIES:INTERSTATE AND INTERNATIONAL COOPERATION
The
most difficult child support cases to pursue are those in which
the parent obligated to pay child support lives in one State and
the child and custodial parent live in another. However, all States
are required to pursue child support enforcement, including location,
paternity establishment, and establishment of support obligations,
as vigorously for children who live outside their borders as for
those under their own jurisdiction.
State
enforcement agencies must cooperate with each other in handling
requests for assistance, however, it has not been a simple matter
for one State to automatically enforce the court orders of another
State. Until recently, States used all or parts of a law called
the Uniform Reciprocal Enforcement of Support Act (URESA).
With
the enactment of the Full Faith and Credit For Child Support Orders
Act and the Federal mandate that all States enact the Uniform
Interstate Family Support Act (UIFSA) by January 1, 1998, interstate
enforcement of child support obligations should improve. UIFSA includes
a provision designed to ensure that, when more than one State is
involved, there is only one valid child support order which can
be enforced for current support, and a provision which allows a
State to work a case against an out-of-State obligor directly if
certain conditions are met.
Both
URESA and UIFSA have procedures under which an enforcement official
(or private attorney) can refer a case for action in another State.
The laws can be used to establish paternity and to establish, modify,
or enforce a support order. A URESA State is able to refer a case
to a UIFSA State, and vice versa.
Interstate
wage withholding can be used to enforce a support order in
another State if the noncustodial parent's employer is known.
With interstate wage withholding, the Child Support Enforcement
(CSE) office in the State where the noncustodial parent lives will
make sure that a wage withholding order from another State contains
all the information required by their State laws and will forward
it to the noncustodial parent's employer. The order does not have
to go through the courts as it would >with an interstate child
support enforcement petition. State laws vary and you will need
to ask your caseworker whether this option is available in your
case.
State
CSE Agencies all have an office called the Central Registry to receive
incoming interstate child support cases, make sure that the information
given is complete, send them to the right local office and respond
to inquiries from out of State CSE offices. Standard forms make
it easier for caseworkers to find the information they need to enforce
a case, and to be sure they are supplying enough information for
another State to enforce their case.
I
know the address of my children's father in another State, and my
caseworker sent a petition to establish my support order there.
That was three months ago, and still no support payments. What's
wrong?
It
may be any number of things: enforcement officials may not be able
to serve notice on the noncustodial parent due to inadequate address
information; if a hearing is necessary, it may take a while to get
a court date. Continue to keep in touch with your caseworker to
resolve any delay or to provide any new information you may have.
I
need to establish paternity for my child, and the father lives in
another part of the country. How does this work?
The
fact that you and the alleged father live in different States will
not keep you from pursuing a paternity establishment action. Your
State may be able to claim jurisdiction and establish paternity
if the alleged father had lived there or the child was conceived
in your State. Otherwise your State can petition the other State
to establish paternity under their laws. Often, genetic tests will
be ordered to help prove paternity. Ask your caseworker for specific
information about the laws in your State and the State where the
other parent lives.
My
caseworker filed a URESA petition for paternity. The father denied
it, and the other court just dismissed the case. What went wrong?
A
responding State's CSE office should not dismiss a case without
asking for the information it needs. The initiating State is required
to provide that information in 30 days. Either party in a contested
paternity action can request blood or genetic testing. Ask your
caseworker to reopen the case. You have the right to establish paternity
until your child's 18th birthday.
If
paternity is established in another state, will the support order
also be entered in that State?
Yes.
Ask your caseworker how this is done.
I
have had to wait several months for my enforcement agency to get
a reply to its request for location assistance in another State.
Why does it take so long to get an answer?
Even
though they try to be responsive, enforcement agencies have a very
high demand for their services. A State's ability to act rapidly
depends on the characteristics of the case, the quality of information
received, and the amount of staff and other resources they have
to devote to it. Be sure to follow up regularly with your caseworker
to make sure that each State is actively working your case.
As
soon as the children's father is notified about enforcement, he
moves. How will I ever be able to collect my support?
Many
custodial parents are angry when, after the noncustodial parent
is finally located and served notice of the enforcement action,
he or she moves on. It is difficult to enforce child support payments
when the noncustodial parent intentionally moves to avoid paying.
Try to be an active participant in your own case. Whenever you learn
that the noncustodial parent has moved or has a new job, you should
tell your caseworker as soon as possible. Starting October 1997,
all States are required to have a State Directory of New Hires,
and employers will be required to report hiring new employees within
20 days. The information will, in turn, be sent to a National Directory
of New Hires. This will help in locating the noncustodial parent
if he/she moves on to a new job.
Isn't
there a law now that makes it a Federal crime to not pay child support
if the child lives in another State?
The
Child Support Recovery Act of 1992 makes it a Federal crime to willfully
fail to pay support for a child living in another State.
Briefly,
in order to prosecute under this Act, the United States Attorney's
Office must prove that the noncustodial parent was financially able
to meet his/her obligation at the time the payment was due. If support
arrearages are more than $5,000 or are unpaid for longer than one
year, the noncustodial parent is subject to punishment. A major
consideration in screening a case for Federal prosecution is whether
all reasonably available civil and State criminal remedies have
been pursued first. Next, priority is given to cases: (1) where
there is a pattern of moving from State to State to avoid payment;
(2) where there is a pattern of deception (e.g., use of false name
or social security number); (3) where there is failure to make support
payments after being held in contempt of court; and (4) where failure
to make support payments is connected to some other Federal offense
such as bankruptcy fraud.
My
former wife lives in another State. She owns an expensive car, jewelry,
and several pieces of property. Would the CSE Program be able to
attach this property for child support?
An
interstate CSE action may be filed on your behalf to enforce your
child support order. Before requesting the other State to attach
this property, your enforcement worker or lawyer should see if a
"withhold and deliver" or "attachment" of the
property could be successfully carried out from your State.
Will
location and enforcement services cost more if my agency is dealing
with another State? I am not receiving cash assistance.
Possibly.
It depends on what the CSE office has to do to find the noncustodial
parent and to establish regular payment. The more solid information
and leads you provide, the more efficiently your case can be conducted.
For non-assistance cases, States vary in the fees they charge for
services. Your caseworker should be able to tell you more about
these costs in your particular case. (See discussion in Introduction.)
I
don't have a support order. Can I have one established by petitioning
the court where my ex-husband lives?
Yes.
This can also be done by your CSE office. Depending on the facts,
it could be handled in your State or referred to another State under
URESA or UIFSA. An affidavit of the facts, including the name and
address of the responsible parent, details of your financial circumstances,
and the needs of the child will be included. The petition will be
mailed to the enforcement agency, the court, or the interstate official
where the father lives. The responding State will review this information
together with information about the father's ability to pay, and
set the amount to be paid.
The
father of my child has left the United States. How can I get my
court order for child support enforced?
We
suggest you check with your local CSE office and State CSE agency
(at the address listed in the back of this Handbook). Many State
CSE agencies have agreements with foreign countries to recognize
child support judgments made in other countries, or to help establish
orders when there is none. The U.S. Government is in the process
of negotiating federal-level reciprocity declarations with other
countries on behalf of all U.S. jurisdictions. These international
child support agreements specify procedures for establishing and
enforcing child support orders across borders. While requirements
for getting enforcement action may vary depending on the other nation
involved, a parent will be asked to provide the same information
as in a domestic case, including as much specific information, such
as address and employer of the noncustodial parent, as is possible.
If
the noncustodial parent works for an American company, or for a
foreign company with offices in the United States, wage withholding
might work even if the country he lives in does not have any agreement
to enforce an American State's order. Even in cases where the noncustodial
parent is living and working in a country that has no reciprocity
agreement, approaching the foreign employer directly for help might
prove successful.
I
checked with the CSE office, but my daughter's father lives in a
country that has no agreement with any State to enforce child support
obligations. Is there anything else to try?
The
Office of Citizens Consular Services may be able to give you information
about how to have the support order enforced in that country and
how to obtain a list of attorneys there. That address is: Department
of State, Office of Citizens Consular Services, Washington, D.C.
20520.
She
is still in this country, but I understand that my children's mother
is planning to live abroad with her new husband. She owes me $14,000
in child support. Is there anything the CSE Office can do?
Under
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA) legislation, State CSE Agencies can certify
child support arrearages of more than $5000 to the Secretary of
Health and Human Services, who, in turn, will transmit the certification
to the Secretary of State for denial, revocation or limitation of
passports. This becomes effective October 1, 1997.
Child Support Enforcement For Native American Children
The
Native American Child Support Program in the Federal Office of Child
Support Enforcement has been consulting with the Tribes and Native
American organizations to ensure that Native American children receive
the child support to which they are entitled. New provisions in
the Personal Responsibility and Work Opportunities Reconciliation
Act (PRWORA) provide more options to achieve this goal.
American
Indian Tribes or Tribal organizations will be eligible to apply
for grants to operate full or partial child support enforcement
programs. The projects must meet child support enforcement criteria
that will be issued through regulations in mid-1998. Formal consultation
is planned for the proposed rules.
Native
American reservations are governed by Tribal laws which may differ
from those of the States, just as laws differ from State to State.
The differences, and the various types of State and Tribal court
systems, sometimes make it difficult to enforce child support orders
or to locate absent parents on reservations.
However,
some States and Tribes have entered into Cooperative Agreements
to facilitate obtaining child support for Native American children.
If Tribes do not operate child support enforcement programs, it
is expected that more Tribes and States will enter into Cooperative
Agreements to work together to carry out their child support responsibilities.
In
the interim, Tribal and State child support staffs will continue
to pursue all available means to assist Native American children
to receive support. What works best, and barriers encountered, will
be shared. This will assist Tribes to decide how best to meet child
support enforcement requirements, through Tribal programs or Cooperative
Agreements with States.
My
ex-husband is a Native American who lives and works on an Indian
Reservation. Can the CSE Program help get child support for my children?
It
may be difficult to establish or enforce a child support order when
the noncustodial parent lives and works on an Indian Reservation
if the Tribe does not have an agreement with a State to establish
or enforce each other's child support orders. When a Tribe has an
agreement with a State CSE Agency to establish paternity, locate
absent parents, or enforce or modify child support orders, State
and local CSE staff and the Tribal courts work together to obtain
the child support for Native American children.
State
CSE Agencies and OCSE are currently working with a number of Tribes
to develop cooperative agreements to solve the complex problems
of obtaining child support. Talk with your State or local CSE office
about the specific situation and how it can help. Be sure to provide
any information about any assets off the Reservation that your ex-husband
may have.
My
ex-husband is a Native American living on a Reservation. My caseworker
hasn't been able to get any child support for my children. What
can I do?
Check
with the Tribal leaders to see if there are any provisions established
by the Tribe for supporting Tribal children. Your children may be
eligible to receive special services (health, education, general
assistance payments, etc.), or some other kind of specialized assistance.
I
am a Native American mother of a three-year-old and I live on a
reservation. His father is not Native American, does not live on
the Reservation, and does not fall under the jurisdiction of the
Tribal Court. How can I get him to help support his son?
Seek
assistance for your child through the Tribe if you live on the Reservation.
If the Tribe does not have an agreement with the State, also work
directly with the IV-D office in the State, or local, OCSE office
to locate the father and establish a child support order.
Conclusion
The
success you have in obtaining regular, adequate, and full child
support payments depends to a great extent on how well you can make
the child support enforcement system work for you. At the same time
it is important to remember that not all the solutions to your child
support problems are within your control. The legal rights and welfare
of all parties must be carefully guarded, and sometimes laws that
protect the rights of one parent seem unfair to the other.
Knowledge
is power. The more you know about child support enforcement procedures
where you and the noncustodial parent live, the better you will
be able to exercise your rights and responsibilities under the law,
and the more successful you will be in obtaining the support that
rightfully belongs to your children. As you proceed with your enforcement
case, it is a good idea to keep a written account of the actions
taken and the outcomes of those actions. Do not hesitate to ask
questions and make suggestions to your enforcement caseworker. If
you are not satisfied with the actions taken on your behalf, you
have recourse to the head of the local CSE office as well as to
the director of the State Child Support Enforcement agency. Keep
in mind that it is always best to communicate the problem in writing.
An
informed parent can make the child support enforcement system work.
This, together with improvements that State enforcement programs,
legislatures, and the courts are making, can benefit millions of
parents and their children.
|