Form 1 IRG

Online Interstate Referral Guide (IRG)

IRG State User Guide 6-2008

IRG State User Guide-Foreign Nations

OMB: 0970-0209

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Federal Parent Locator Service

Intergovernmental Referral Guide

OMB Control # 0970-0209

Expiration Date: 03/31/09 IRG State User Guide





Chart D-1: Section A: General/State-At-A-Glance

Question Number

Question Displayed

Answer Description

A1

What is your State’s program administration/operation type (State administered/State operated, State administered/county operated, or a combination)?

This indicates how a State administers and operates its child support enforcement program. The administration and operation may be:

  • Program administered by the State with offices operated by the State,

  • Program administered by the State with offices operated by the counties, or

  • Program administered by the State with offices operated by both the State and counties.

A2

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

This provides the number of offices within the State that provide IV-D services, but excludes agencies with cooperative agreements to assist with the provision of IV-D services.

A3

With what types of agencies do you have cooperative agreements?

This is a list of the types of agencies with which a State IV-D office has cooperative agreements to assist with the provision of IV-D services.

A4

Does your State have statutes that set forth the attorney-client relationship between the State’s attorney and the agency only?

This indicates if a State has statutes that set forth the relationship between the State’s attorney and the IV-D agency.

A4.1

If yes, what is the statutory citation?

This provides the State’s statutory citation for question A4.

A4.2

Did your State have the State’s Bar Counsel issue an opinion setting the attorney-client relationship?

This indicates if a State’s Bar Counsel issued an opinion setting the attorney-client relationship.

A4.3

If yes, please explain.

If the answer to question A4.2 is Yes, this field provides additional information.



Chart D-2: Section B: UIFSA

Question Number

Question Displayed

Answer Description

B1

What is the enactment date of your State’s Uniform Interstate Family Support Act (UIFSA)?

This is the date that a State enacted a UIFSA. This may or may not be the same date as the date the UIFSA became effective.

B2

What is the effective date of your State’s UIFSA

This is the date a State’s UIFSA became effective. This may or may not be the same date as the date the UIFSA act was enacted.

B3

What is the statutory citation for your State’s?

This provides the State’s statutory citation for its UIFSA.

B4

What version of UIFSA has your State implemented (i.e., the 1996 or 2001 version)?

This indicates what version of UIFSA is currently being implemented in your State.

B4.1

If your State has implemented the 2001 version, when was it implemented?

This indicated the date your State implemented the version 2001.

B5

Optional: comments regarding your State’s UIFSA.

This field is optional and a State may provide additional information regarding their UIFSA in this field.



Chart D-3: Section C: Reciprocity

Question Number

Question Displayed

Answer Description

C1

With what foreign countries does your State reciprocate?

This lists the foreign countries with which a State has established reciprocity for child support enforcement.

C1.1

Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries?

This indicates if your State exercises its option to receive FFP for enforcement of spousal only orders for foreign reciprocating countries.

C1.2

If yes, please explain.

If the answer to question C1.1 is Yes, this field provides additional information about your procedure.

C2

Has your State established reciprocity with any Tribal courts?

This indicates if a State has established reciprocity for child support enforcement with any Native American Tribal courts.

C2.1

If yes, list the Tribes and identify services provided, if less than full services.

If the answer to question C2 is Yes, this answer is a list of the Native American Tribal courts with which a State has established reciprocity for child support enforcement and identifies the specific services under the reciprocity agreement, if they are less than full service.



Chart D-4: Section D: Age Of Majority

Question Number

Question Displayed

Answer Description

D1

What is the age of majority in your State?

This is the age when a child is considered to have reached majority.

D2

What is the statutory citation for the age of majority?

This provides the statutory citation that defines the age of majority for the State.

D3

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

This indicates at what age child support automatically terminates as a matter of State law and any qualifying information.

D4

Does the date of the order impact what law is applied?

This indicates if the date of the order determines which law is applied when automatically terminating child support.

D4.1

If yes, please explain.

If the answer to question D4 is Yes, this field provides the impact the date of the order has on automatic termination of child support.

D5

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

This indicates if child support automatically terminates when a child leaves the home, but does not emancipation.

D5.1

Optional comments regarding emancipation.

This field contains optional information about the State’s emancipation policy.

D6

Does your State allow support to be paid beyond the age of majority under any circumstances (e.g., the child is handicapped or in college)?

This indicates if a State allows child support to be paid beyond the age of majority.

D6.1

If yes, please explain.

If the answer to question D6 is Yes, this explains the circumstances under which child support may be paid beyond the age of majority.

D7

Does your State automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?

This indicates if a State automatically reduces current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates.

D7.1

If yes, please describe the procedure.

If the answer to D7 is Yes, this explains the procedure.


Chart D-5: Section E: Statute of Limitations

Question Number

Question Displayed

Answer Description

E1

What is your State’s statute of limitations for collection of past due support?

This describes a State’s statute of limitations for collecting past-due child support.

E2

What is your State’s statute of limitations for paternity establishment?

This describes a State’s statute of limitations for establishing paternity.

E3

Is dormancy revival/renewal possible?

This indicates if dormancy revival/renewal is possible within the State.

E3.1

If yes, please explain the circumstances when possible, and the length of time possible.

If the answer to question E3 is Yes, this describes the circumstance when dormancy revival/renewal is possible within the State and the length of time the revival/renewal is possible.



Chart D-6: Section F: Support Details

Question Number

Question Displayed

Answer Description

F1

What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)?

This describes the guideline type or method that a State uses to calculate the child support amount.

F2

Does your State charge interest on missed arrears?

This indicates if a State charges interest on missed arrears.

F2.1

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

If the answer to question F2 is Yes, this describes the amount of interest the State charges on missed payments and any conditions that relate to charging the interest.

F3

Does your State charge interest on retroactive support?

This indicates if a State charges interest on retroactive support.

F3.1

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

If the answer to question F3 is Yes, this describes the amount of interest the State charges on retroactive support and any conditions that relate to charging the interest.

F4

Does your State charge interest on adjudicated arrears?

This indicates if a State charges interest on adjudicated arrears.


F4.1

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

If the answer to question F4 is Yes, this describes the amount of interest the State charges on adjudicated arrears and any conditions that relate to charging the interest.

F5

Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill?

This indicates if a State enforces a medical debt for 50% of the uninsured portion of a medical bill.

F5.1

If yes, under what circumstances?

If the answer to question F5 is Yes, this describes the circumstances under which a State enforces a medical debt for 50% of the uninsured portion of a medical bill.

F6

Does your state elect to recover costs or charge fees in your IV-D State Plan?

This indicates if a State has elected in its IV-D State plan to recover costs from or charge fees to an obligor or obligee.

F6.1

If yes, what costs are recovered from/fees charged to the obligee?

If the answer to question F6 is Yes, this describes the costs or fees charged to the obligee.

F6.2

If yes, what costs are recovered from/fees charged to the obligor?

If the answer to question F6 is Yes, this describes the costs or fees that are charged to the obligor.

F7

Does your State recover costs on behalf of the initiating State?

This indicates if a State recovers costs on behalf of the initiating State.

F7.1

Optional comments regarding recovery of initiating State’s fees.

This field is optional and a State may provide additional information regarding their recovery of fees for an initiating State.

F8

Please provide a citation for your State’s long-arm statute to establish and/or enforce child support.

This is a State’s statutory cite for long-arm establishment and/or enforcement of child support.

F9

Does your State establish, enforce, or modify spousal maintenance orders?

This indicates if a State establishes, enforces or modifies a spousal maintenance order.

F9.1

If yes, under what circumstances?

If the answer to question F9 is Yes, this provides the circumstances under which a State establishes, enforces or modifies a spousal maintenance order.

F10

Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, ATT 00-11)?

This indicates if a State requires an initiating State to provide information about the new spouse or partner upon a request for establishment or modification of an order.

F10.1

Optional comments regarding required information on spouse or partner.

This field is optional and a State may provide additional information regarding the information an initiating State must provide about the new spouse or partner upon request for establishment or modification of an order.

F11

How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance?

This describes how your State imposes and collects the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance.

F11.1

Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)?

This indicates if your State collects the fee by retaining the support collected on behalf of the individual (but not the first $500 collected).

F11.2

Does your State collect the fee from the individual applying for IV-D services?

This indicates if your State collects the fee from the individual applying for IV-D services.

F11.3

Does your State collect the fee from the absent parent?

This indicates if your State collects the fee from the absent parent.

F11.4

Does your State pay the fee out of it own funds?

This indicates if your State pays the fee out of it own funds.



Chart D-7: Section G: Income Withholding

Question Number

Question Displayed

Answer Description

G1

What term(s) does your State use to refer to income withholding (e.g., wage withholding)?

This indicates the word or phrase a State uses to refer to the withholding of income.

G2

What specific sources of income are not subject to withholding?

This indicates the types of income from which a State cannot withhold.

G3

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

This indicates if a State has limits on the amount of income that can be withheld that are in addition to the limits established by the CCPA.

G3.1

If yes, what are those limits?

If the answer to question G3 is Yes, this describes the limits on the amount of income that can be withheld that are in addition the limits established by the CCPA.

G4

What is the allowable fee per pay period for processing income withholding payments?

This describes the fee an employer can charge for withholding income per pay period.

G5

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

This indicates the number of days in which an employer is required to implement income withholding after receiving the income withholding order.

G6

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

This indicates the number of days from withholding income from an employee’s pay by which an employer must remit the amounts withheld.

G7

What are your State’s procedures for sanctioning employers for not implementing income withholding?

This outlines the procedures that a State uses for sanctioning an employer for failure to implement an income withholding order.

G8

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

This outlines the penalty that a State imposes on an employer for failure to remit withheld income.

G9

Does your State allow direct income withholding of UI benefits across State lines?

This indicates if a State allows another State to issue an income withholding order for UI benefits.

G9.1

Optional comments regarding direct withholding of unemployment (UI) benefits across State lines.

This field is optional and a State may provide additional information regarding the direct withholding of UI benefits.

G10

Does your State allow direct income withholding of workers’ compensation (WC) benefits across State lines?

This indicates if a State allows another State to issue an income withholding order for WC benefits.

G10.1

Optional comments regarding direct withholding of WC benefits across State lines.

This field is optional and a State may provide additional information regarding the direct withholding of WC benefits across state lines.

G11

How does an obligor contest income withholding in your State?

This outlines the process within the State that an obligor must follow to contest income withholding.

G12

When the obligor has more than one claim for child support against his/her income, indicate your State’s priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders).

This describes the priority scheme an employer must follow when the employer receives more than one income withholding order for child support for an individual employee.

G12.1

If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance?

This indicates if a State provides assistance to an employer if the employer receives more than one income withholding order for child support from other States.

G12.2

If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.

If a State does not provide assistance to an employer if the employer receives more than one income withholding order for child support from other States, this outlines how the employer should proceed and provides the statutory citation for how the employer should proceed.

G13

Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?

This indicates if a State requires any mandatory deductions when calculating disposable income for child support purposes.

G14

When does your State require the employer to send notice of an employee’s termination?

This describes when your State requires the employer to send notice of an employee’s termination.

G15

How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?

This indicates how long an employer retains the IWO after termination of an employee.

G16

Does the State charge any fees to the obligor that the employer is required to withhold and remit to the State?

This indicates if a State charges any fees to the obligor that the employer is required to withhold and remit to the State.

G17

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

This indicates if a State offers an alternate web-based payment mechanism in addition to paper and EFT/EDI.

G18

Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?

This indicates if a State can send a direct income withholding to employers, financial institutions, and Bureau of Workers Compensation. Explain which institutions.

G19

If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State’s prioritization between child support and medical support.

This provides information on your State’s prioritization between child support and medical support when there is insufficient income to cover both.



Chart D-8: Section H: Paternity

Question Number

Question Displayed

Answer Description

H1

When your State enters an order establishing paternity, are issues of custody and visitation also addressed?

This indicates if a State addresses custody and visitation issues when entering an order establishing paternity.

H1.1

If yes, please explain.

If the answer to question H1 is Yes, this explains the circumstances under which the State addresses custody and visitation issues when entering an order establishing paternity.

H2

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

This is the State’s percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity.

H3

Optional comments regarding paternity acknowledgments conclusive legislation.

This field is optional and a State may provide additional information regarding paternity acknowledgments conclusive legislation.

H4

What is the effective date of the State law that makes paternity acknowledgments conclusive?

This is the date that a State’s law making paternity acknowledgments conclusive became effective.

H4.1

Were acknowledgments prior to that effective date rebuttable?

This indicates if paternity acknowledgments prior to the date in question H4 are rebuttable.

H4.2

Optional comments regarding paternity acknowledgments prior to that date.

This field is optional and a State may provide additional information regarding paternity acknowledgments prior to the date in question H4.

H5

Does marriage constitute a rebuttable presumption of paternity?

This indicates if marriage constitutes a rebuttable presumption of paternity.

H5.1

If yes, how is the presumption rebutted?

If the answer to question H5 is Yes, this describes how a presumption of paternity is rebutted if the parents are married.

H6

If the father’s name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?

This indicates if paternity is conclusive if the father’s name is on the birth certificate.

H6.1

If no, briefly explain.

If the answer to H6 is No,, this provides information regarding paternity not being conclusively determined if the father’s name is on the birth certificate.

H7

Does your State have any other paternity-related presumptions?

This indicates if a State has any paternity-related presumptions other than those indicated in questions H5 and H6.

H7.1

If yes, briefly explain.

If the answer to question H7 is Yes, this describes any paternity-related presumptions other than those indicated in questions H5 and H6.

H8

Does your State have a putative fathers’ registry?

This indicates if a State has a registry of putative fathers.

H8.1

If yes, what is the name of that entity?

If the answer to question H8 is Yes, this provides the name of the State’s putative fathers’ registry.

H9

Are there any fees for requesting searches, paternity documents, and data from your State’s Bureau of Vital Statistics?

This indicates if a State charges fees to request searches, data, and paternity documents from its Bureau of Vital Statistics.

H9.1

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

If the answer to question H9 is Yes, this describes circumstances under which the fees may be waived.

H10

Is common-law marriage recognized in your State?

This indicates if a State recognizes common-law marriage.

H10.1

If yes, briefly describe the standard that defines common-law marriage.

If the answer to question H10 is Yes, this describes the State’s standard for common-law marriage.

H10.2

When did your current common-law standard go into effect?

This is the date that a State’s common-law standard became effective.

H10.3

If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

This indicates if the State had a common-law standard prior to the date in H10.2, what the prior standard was, and the date the prior standard became effective.

H11

When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)

This outlines the methods of testimony acceptable in the State when the custodial party and/or other witnesses are not able to appear in person for paternity hearings.

H12

Please give the citation for your State’s long-arm statute and list any special provisions.

This provides the statutory citation for the State’s paternity long arm statute and lists any special provisions of the citation.

H13

Does your State recover genetic testing costs for other States?

This indicates if a State recovers the cost of genetic testing for another State.

H13.1

If yes, please explain.

If the answer to question H13 is Yes, this provides information regarding a State’s recovery of genetic testing costs on behalf of another State.

H14

List any documents required to get the father’s name on the birth certificate (e.g., is an acknowledgement of paternity needed)?

This provides a list of documents required to place the father’s name on the birth certificate.

H15

What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?

This indicates the effective date of the State law that makes a father’s name on the birth certificate conclusive determination of paternity.

H16

If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your State (with a paternity affidavit for each child) or should a separate packet be sent for each child?

This indicates if packet be sent for each child if there is more than one child with the same custodial party, and the same alleged father.



Chart D-9: Section I: Order Establishment

Question Number

Question Displayed

Answer Description

I 1

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

This indicates if a State uses an administrative process, a judicial process, or both to establish a support obligation.

I 1.1

If your State can establish under both, under what circumstances would the administrative process be used?

This describes the circumstances that a State uses the administrative process if the State uses both an administrative and a judicial process to establish a support obligation.

I 1.2

Under what circumstances would the judicial process be used?

This describes the circumstances that a State uses its judicial process if the State uses both an administrative and a judicial process to establish a support obligation.

I 1.3

If your State uses an administrative process, provide the statutory citations for your State’s administrative procedures.

This provides the statutory citations for a State’s administrative process.

I 2

In setting support under your State’s guidelines, whose income is considered in addition to the NCP’s (e.g., new spouses or children)?

This indicates whose income is considered in addition to the NCP’s when a State sets support under their guidelines.

I 3

What criteria for rebutting your presumptive guidelines have been established in your State?

This describes the criteria for rebutting the presumptive guidelines within the State.

I 4

Will your State establish support orders for prior periods?

This indicates if a State establishes a support order for prior periods.

I 4.1

If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

If the answer to question I4 is Yes, this describes the prior periods for which a State establishes a support order.

I 4.2

What information or documentation does your State require to proceed?

If the answer to question I4 is Yes, this describes the information or documentation that a State requires to establish an order for a prior period.

I 4.3

Will your State allow a petition for support when the only issue is retroactive support?

This indicates if a State will allow petitions for support if the only issue is retroactive support.

I4.4

If there are limitations upon your State’s ability to establish support for prior periods, please specify.

This outlines a State’s limitations for establishing support for prior periods.

I5

What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?

This indicates the actions a State can perform using the administrative process.

I6

What is your State’s statutory authority for the administrative process?

This provides the State’s statutory citation for the administrative process.

I7

Is there a local State law that allows an interstate administrative subpoena?

This indicates if there is a local State law that allows an interstate administrative subpoena.

I8

Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?

This indicates if your State requires that a custodial party (who is not one to the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended.

I9

Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?

This indicates if your State requires that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child for nonpublic assistance cases.

I10

Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for nonpublic assistance cases?

This indicates if your State requires that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for nonpublic assistance cases.

I11

When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action?

If your State has issued an order that reserves support, and child support should be ordered, this indicates if the other State should request an establishment or a modification action. Please explain.


Chart D-10: Section J: Support Enforcement

Question Number

Question Displayed

Answer Description

J1

Indicate whether your State has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).

This indicates if a State intercepts State income tax refunds as an enforcement method.

J1.1

Are your State income tax refund procedures judicial, administrative, or both?

If the answer to question J1 is Yes, this indicates if the method for intercepting State income tax refunds is judicial, administrative, or both.

J2

Is the lien process in your State judicial, administrative, or both?

This indicates if the lien process is judicial, administrative, or both.

J2.1

What are the trigger criteria for filing a lien?

This is a list of the criteria that a State follows to file a lien.

J2.2

Where are your State liens filed?

Liens filed where real property, personal property is located.

J2.3

Does your State charge a fee for filing a lien?

This indicates if a State charges other State fees to file a lien

J2.4

If yes, please indicate the amount.

If the answer to question J2.3 is Yes, this indicates the fee amount.

J3.

Does your State enforce property seizure and sale?

This indicates if a State uses property seizure and sale as an enforcement method.

J3.1

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

If the answer to question J3 is Yes, this indicates if the method of seizing and selling property is judicial, administrative, or both.

J4

Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both?

This indicates if the MSFIDM Freeze and Seize is judicial, administrative, or both.

J4.1

When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support?

This describes when the NCP is notified of the MSFIDM Freeze and Seize enforcement remedy.

J4.2

Does your State’s income withholding definition include amounts in financial institutions?

This indicates if the State’s income withholding definition includes amounts in financial institutions.

J4.3

Does a new notice have to be sent when intent to Freeze and Seize is sent?

This indicates if new notice has to be sent when intent to Freeze and Seize is sent.

J4.3.1

If yes, who notifies the NCP, the State and the Financial Institution?

If the answer to question J4.3 is Yes, this indicates who notifies the NCP, the State and the Financial institution.

J5

What are the time frames if a new notice of intent to Freeze and Seize must be sent?

This indicates the time frame procedures on sending a new notice of intent to Freeze and Seize.

J5.1

What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your State?

This describes the criteria that must be met to deem an obligor eligible for Freeze and Seize action.

J5.2

What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?

This indicates the minimum dollar amount that that obligor must be delinquent prior issuing a Freeze and Seize action.

J5.3

Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize?

This indicates if there is a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize actions.

J5.3.1

If yes, please provide the time frame.

If the answer to question J5.3 is Yes, provide the time frame.

J5.4

Are only a certain percentage of the obligor’s financial assets eligible for freeze and seize?

This indicates if a State uses a certain percentage of the obligor’s financial assets for Freeze and Seize.

J5.4.1

If yes, please provide the percentage.

If the answer to question J5.4 is Yes, provide the percentage.

J5.4.2

Is the percentage different for joint accounts?

This indicates if the percentage is different for joint accounts.

J5.4.3

If yes, please define.

If the answer to question J5.4.2 is Yes, define the difference.

J5.5

Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount.

This indicates if your State requires that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action and what that amount is.

J5.6

Who is responsible for applying the minimum amount, your State or the financial institution?

This indicates who is responsible for applying the minimum amount, your State or the financial institution.

J5.7

How long do the obligor and/or other account holders have to contact your State child support enforcement agency and/or court to challenge the Freeze and Seize action?

This indicates how long the obligor and/or other account holders have to contact your State child support enforcement agency and/or court to challenge the Freeze and Seize action.

J5.8

If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action?

This indicates if State law and/or policy allow for a second contest to Freeze and Seize action, and how long the obligor and/or joint account holder has to contact a State child support agency or court to challenge the Freeze and Seize action.

J5.9

On what basis can an obligor and/or other account holder challenge/contest a Freeze and Seize action?

This indicates on what basis an obligor and/or other account holder can challenge/contest a Freeze and Seize action.

J5.10

Is your State’s complaint review process judicial, administrative, or both?

This indicates if the complaint review process for the State is judicial, administrative or both.

J5.11

What are your State’s penalties for incorrect seizures?

This describes a State’s penalties for incorrect seizures.

J5.12

Is the second challenge administrative, judicial, or both?

This indicates if the second challenge is administrative, judicial, or both.

J5.13

What is your State’s appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

This describes a State’s appeal time frame, unique appeal requirements and recourse for non-debtor accounts.

J5.14

Is the Freeze and Seize operation in your State centralized or automated?

This indicates if the Freeze and Seize operation in your State is centralized or automated.

J5.15

Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile?

This describes additional Freeze and Seize requirements or limitations.

J5.16

Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?

This indicates if a State has established a minimum benefit amount that must be met for a financial institution to proceed with Freeze and Seize action.

J5.16.1

If yes, what is the amount?

If the answer to question J5.16 is Yes, provide the amount.

J5.17

Does your State have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?

This indicates if a State has procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc).

J5.17.1

If yes, please provide the State authority and the procedures financial institutions should follow to liquidate non-liquid assets.

If the answer to question J5.17 is Yes, then indicate the process.

J5.18

Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?

This indicates if State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period.

J5.19

How long does the financial institution have to send the obligor’s assets to your State child support enforcement agency?

This indicates how long the financial institution has to send the obligor’s assets to your State child support enforcement agency.

J6

Does your State withhold State funds or benefits?

This indicates if a State withholds State funds or benefits as an enforcement method.

J6.1

If yes, is the method of withholding State benefits judicial, administrative, or both?

If the answer to question J6 is Yes, this indicates if the method for withholding State funds or benefits is judicial, administrative, or both.

J7

Please describe any other administrative enforcement procedures your State may have.

This describes other administrative enforcement procedures a State may have.

J8

Please describe any other judicial enforcement procedures your State may have.

This describes other judicial enforcement procedures a State may have.

J9

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

This outlines the specific procedures that another State must follow for registering administrative liens.

J10

Which of your State’s enforcement remedies are available without registration?

This is a list of the enforcement remedies that are available without registration of another State’s order.

J11

Describe your State’s registration and enforcement procedures.

This describes a State’s procedure for registering and enforcing another State’s order.

J12

After registration, describe additional judicial procedures required, if any, to enforce a support order.

This describes any additional judicial procedures that are required after registration for enforcing another State’s order.

J13

Has your State adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

This indicates if a State has adopted the UEFJA.

J13.1

If yes, please provide the statutory citation.

If the answer to question J13 is Yes, this provides the statutory citation for a State’s adoption of UEFJA.

J14.

Does your State’s law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States?

This indicates whether the State’s law requires financial institutions doing business in your State to accept Freeze and Seize actions directly from other States.

J14.1

If no, then describe the process for a Freeze and Seize action from another State’s IV-D agency (e.g., a Transmittal #3, Transmittal #1) and list additional documentation required.

If the answer to question J14 is No, describe the process for a Freeze and Seize action from another State’s IV-D agency.

J15

Does your State use credit bureau reporting as an enforcement method?

This indicates if a State uses credit bureau reporting as an enforcement method.

J16

Provide which credit bureaus your State reports an obligor’s child support information?

This is a list of which credit bureaus your State reports an obligor’s child support information.

J17

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

This indicates if the method for credit bureau reporting is judicial, administrative, or both.

J18

In an interstate case, does your State report an obligor’s child support information to credit bureaus when it is the initiating State, the responding State or both?

This indicates in an interstate case, if a State reports an obligor’s child supports information to credit bureaus when it is the initiating State, the responding State or both.

J19

What are your State’s criteria for reporting an obligor’s child support information to credit bureaus?

This describes the criteria for reporting an obligor’s child support information to the credit bureau.



Chart D-11: Section K: Modification and Review/Adjustment

Question Number

Question Displayed

Answer Description

K1

With what frequency are reviews conducted in
IV-D cases (e.g., every year, every three years)?

This provides the frequency that a State conducts a review of an order in IV-D cases.

K2

On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?

This outlines the basis for conducting a review in IV-D cases.

K3

Briefly describe your State’s modification procedure.

This describes the process that a State follows when modifying an order.

K4

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

This lists the criteria that a State follows to modify an order.

K5

Which of the following criteria for demonstrating a change in circumstances apply, if any?

This indicates the criteria that demonstrate a change in circumstances for modifying an order.

K5.1

The earnings of the obligor have substantially increased or decreased.

This indicates if a substantial increase or decrease in the obligor’s earnings demonstrates a change in circumstances for modifying an order.

K5.2

The earnings of the obligee have substantially increased or decreased.

This indicates if a substantial increase or decrease in the obligee’s earnings demonstrates a change in circumstances for modifying an order.

K5.3

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

This indicates if a substantial increase or decrease in the needs of the party or the child(ren) demonstrates a change in circumstances for modifying an order.

K5.4

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

This indicates if an increase or decrease in the cost of living demonstrates a change in circumstances for modifying an order.

K5.5

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

This indicates if the child(ren)’s extraordinary medical expenses not covered by insurance demonstrates a change in circumstances for modifying an order.

K5.6

There has been a substantial change in childcare expenses.

This indicates if a substantial change in childcare expenses demonstrates a change in circumstances for modifying an order.

K5.7

What other criteria does your State use for demonstrating a change in circumstances for modifying an order?

This describes any other criteria that a State may have that demonstrate a change in circumstances for modifying an order.

K6

Does your State have cost of living adjustments (COLAs)?

This indicates if a State adjusts orders for the cost of living.

K6.1

If yes, what index does your State use?

If the answer to question K6 is Yes, this indicates the index a State uses for adjusting an order for the cost of living.

K7

How does your State credit SSA disability to current and past due support?

This indicates how a State credits SSA disability to current support and past due support.

K8

Does your State abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody, or when the NCP is in prison, etc.

This indicates if a State abates child support.

K8.1

If yes, please explain the situation?

This explains situations for the State abating support.

K8.2

What is the statutory cite for your abatement law?

This provides the State’s statutory citations on abatement laws.

K8.3

What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

Indicate the referral type and documents used in each referral process.

K8.4

Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

This indicates what information is needed to obtain paternity acknowledgements/affidavits and birth records. This also indicates where to make the request and the cost of processing the request.

K9

What information is required to register an out-of-State order for enforcement/modification?

This indicates what information is needed to register an out-of-State order for enforcement and/or modification.



Chart D-12: Section L: Lump Sum Payments

Question Number

Question Displayed

Answer Description

L.1

Does your State define a lump sum payment?

This indicates if your State has defined a lump sum payment.

L1.1

If yes, please provide your State’s definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, etc.).

This describes your States definition of a lump sum payment.

L1.2

Provide the statutory citation.

This provides the State’s statutory citation on defined lump sum payments.

L2.

Does your State law require employers to report lump sum payments?

This indicates if your State law requires employers to report lump sum payments.

L2.1

If yes, please provide the statutory citation or rule requiring employers to report this information.

This provides the State’s statutory citation or rule requiring the employer to report this information.

L3.

Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?

This indicates if employers are required to report lump sums for all income withholding orders.

L3.1

If yes, what is the threshold amount at which a lump sum payment must be reported?

This indicates the threshold amount at which a lump sum payment must be reported.

L4

How are employers instructed to report a pending lump sum?

This explains how employers are instructed to report a pending lump sum.

L5

Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

This describes the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

L6

How long must the employer hold the lump sum before releasing the payment to the custodial party?

This indicates how long the employer can hold the lump sum before releasing the payment to the custodial party.

L7

Does your State use the income withholding order to attach the lump sum payment?

This indicates if your State uses the income withholding order to attach the lump sum payment.

L7.1

If yes, is it noted on the original order or is it sent specifically to cover the lump sum?

This indicates if it is noted on the original order or is sent specifically to cover the lump sum.

L8

Does your State use the lien/levy process to attach the lump sum payment?

This indicates if your State uses the lien/levy process to attach the lump sum payment.

L8.1

If yes, what is the name of the document your State uses to attach lump sum payment?

This indicates the name of the document your State uses to attach lump sum payment.

L9

What other documents does your State use to attach lump sum payments?

This indicates other documents your State uses to attach lump sum payments.

L10

Does your State require the Consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?

This indicates if your State requires CCPA limits to be applied to lump sum payments.

L10.1

If yes, what are those limits?

This describes your States CCPA limits.

L10.2

If ‘no’, what percentage is the employer required to withhold?

This describes what percentage the employer is required to withhold.

L11

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

This indicates if CCPA limits apply when an employer pays the lump sum in addition to regular wages, in a single payment.

L11.1

If yes, would the employer only withhold for that period’s obligation?

If the answer to question L11 is Yes, indicate if the employer would only withhold for that period’s obligation.


Chart d-13: section m: insurance match


Question Displayed

Answer Description

M1

Does your State have legislation that requires insurance companies doing business in your State to participate in an Insurance Match program?

This indicates if your State has legislation that requires insurance companies doing business in your State to participate in an Insurance Match program.

M1.1

If yes, provide the statutory citation.

If the answer to question M1 is Yes, this provides your State legislative authority that requires insurance companies doing business in your State to participate in an Insurance Match program.

M1.2

If no, has your State proposed or introduced legislation?

If the answer to question M1 is No, this indicates if your State has proposed or introduced legislation that requires insurance companies doing business in your State to participate in an Insurance Match program.

M2

Does your State participate in an Insurance Match program?

This indicates if your State participates in an Insurance Match program.

M3

Does your State match directly with insurers or participate in a consortium for Insurance Match?

This indicates if your State matches directly with insurers or participates in a consortium for Insurance Match.

M4

If your State participates in an Insurance Match program, is there a fee involved?

This indicates if your State participates in an Insurance Match program and if there are fees involved.

M4.1

If yes, provide the fee amount.

If the answer to question M4 is Yes, this provides the fee amount.

M5

List the form(s) your State uses to intercept insurance settlements.

This lists the form(s) your State uses to intercept insurance settlements.

M6

Does legislation in your State prohibit insurance intercept for specific claim types?

This indicates if legislation in your State prohibits insurance intercept for specific claim types.

M6.1

If yes, list the claim types and provide the statutory citation.

If the answer to question M6 is Yes, this provides a list of claim types and the legislative authority that prohibits insurance intercept for specific claim types.

M7

Provide the criteria that must be met for an NCP to be eligible for Insurance Match and/or intercept?

This describes the criteria that must be met for an NCP to be eligible for Insurance Match and/or intercept.


M8

Is there a maximum dollar amount or percentage that can be collected through insurance intercept?

This indicates if there is a maximum dollar amount or percentage amount that can be collected through insurance intercept.

M8.1

If yes, please provide the dollar amount and/or percentage.

If the answer to question M8 is Yes, this provides the dollar amount and/or percentage that can be collected through insurance intercept.

M8.2

Do the CCPA limits apply to the percentage established?

This indicates if the CCPA limits apply to the percentage established.

M9

Has your State established a time frame to conduct the match with insurers and/or workers’ compensation agencies?

This indicates if your State has established a time frame to conduct the match with insurers and/or workers’ compensation agencies.

M9.1

If yes, what are the time frames?

If the answer to question M9 is Yes, this provides the time frames established to conduct the match with insurers and/or Workers’ compensation Agencies.

M10

Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?

This indicates who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency.

M10.1

Provide your statutory citation for notifying an NCP of insurance intercept.

This indicates the legislative authority for notifying an NCP of insurance intercept.

M11

Does your State legislation allow Insurance Match with your workers compensation agency?

This indicates if your State’s legislation allows Insurance Match and/or interception with your State’s workers compensation agency.

M11.1

If yes, provide the statutory citation.

If the answer to question M11 is Yes, this provides the legislative authority that allows Insurance Match with the workers compensation agency.

M12

Does your State participate in an Insurance Match with your workers’ compensation agency?

This indicates if your State participates in an Insurance Match with your workers’ compensation agency.





THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13)


Public reporting burden for this collection of information is estimated to average .29 hours per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information.


An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.


File Typeapplication/msword
File TitleCHART D-1: SECTION A: GENERAL/STATE-AT-A-GLANCE
AuthorDHHS
File Modified2008-12-09
File Created2008-12-09

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