IRG PRA OMB No.0970-0209
Public Comments and Office of Child Support Enforcement Responses
Intergovernmental Reference Guide (IRG)
(OMB #0970-0209)
The Administration for Children and Families Office of Child Support Enforcement (OCSE) published a notice in the Federal Register on July 30, 2021, inviting comments on proposed changes to and an extension request for Intergovernmental Reference Guide (IRG) (OMB #0970-0209). OCSE received 12 sets of comments. The table below summarizes the comments received and OCSE’s responses.
OCSE is dedicated to keeping the IRG data up to date with state policies and procedures by conducting reviews of the state profile questions to ensure the information on the IRG is displayed correctly. Over the next year, the IRG Policy Workgroup will convene to review all new questions proposed in response to this request for comments. The chart below lists decisions and guidance provided by the IRG Policy Workgroup and the new proposed questions and potential implications. Once this process is complete, OCSE will allow for public comment on the revised version of the IRG and submit the revision for OMB review. A full list of just the proposed new questions follows the table that outlines all comments and OCSE responses.
Proposed New Questions for IRG Policy Workgroup Consideration
NEW Section: ARREARS MANAGEMENT
Does your state child support agency have a debt compromise program? |
If yes, does it operate statewide or in select jurisdictions? If in select jurisdictions, please list them. |
If yes, please describe. |
Section: CSENet
Does your state use CSENet transactions to communicate with other states? If no, what is your state's preferred method of communication for interstate cases? |
When your state is the responding state, does it send a CSENet transaction to acknowledge receipt of an initial intergovernmental referral? |
Section: COPIES OF ORDERS AND PAYMENTS
How to obtain copies of birth certificates and paternity acknowledgments? |
Description pf special requirements for telephonic or video participation in two-state actions. |
Indicate whether the state can forward payments without initiating a two-state action |
What about when your state has issued a zero-dollar child support order and now a different amount should be ordered, does your state require establishment or modification?” |
Whether the state can forward payments without initiating a two-state action |
Section: DURATION OF SUPPORT
Does your state law allow the duration of support to be modified? |
NEW Section: EMPLOYMENT-ORIENTED PROGRAMS FOR NONCUSTODIAL PARENTS
Does your state operate a child support-related employment program for noncustodial parents? |
If yes, does the employment program operate statewide or in select jurisdictions? If in select jurisdictions, please list where it operates |
Does your state partner with employment-related service providers and refer noncustodial parents to these programs? |
If yes, is this partnership at the statewide and/or in select jurisdictions? If in select jurisdictions, please list where these partnerships exist. |
Section: GENERAL PROGRAM AT-A_GLANCE
What is the name of your automated system used to track actions on IV-D cases? |
What is the name of your SDU? Please note if it is a separate from the IV-D automated system. |
What is the name of your State Case Registry? |
How would you characterize your state’s administrative framework? Is it: (1) state-administered; (2) state-supervised and county-administered; or (3) other? *** If a state responds (3), then a space should be provided to explain how it is administered. |
Does your state have a simplified method for divorcing parents to apply for IV-D services, such as answering yes that they want IV-D services on a form that is part of process of getting a divorce? |
Are retained collections allocated to the IV-D agency, TANF agency, general funds, or something other? |
Besides TANF, are there other programs that require cooperation with the child support agency in your state (e.g., SNAP, and childcare assistance)? |
Section: INCOME WITHHOLDING
Is there a state law or court rule that requires all child support cases (IV-D and non-IV-D) to pay through income withholding or the SDU? Please explain. |
NEW Section: INTERGOVERNMENTAL REFERRALS
What other IV-D services or actions besides reviewing and assigning incoming intergovernmental referrals does your state Central Registry provide? |
Besides the OCSE Matrix of intergovernmental Forms, does your central registry require any other documentation for referrals (e.g., evidence of paternity/parentage presumptions, foster care orders, proof of court proceedings concerning family violence, temporary restraining orders, etc.) |
Will you accept an order with information redacted (e.g., the social security numbers) if information is redacted due to confidentiality concerns? |
Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? |
For establishment and modification referrals, how recent does the last known wage information need to be to be relevant to your case? |
If there is an existing child support order for a child who now is in the custody of the State, what action should be requested in the referral for your state to order the support paid to the State? |
If there is an existing child support order for a child who now is in the custody of the State, and there are other children on that order who are still residing with the custodial parent, what kind of action would you take to have support paid to the State for the child in state custody? |
If there is an existing child support order for a child who now is in the custody of a non-parent custodial relative, what action should be requested in the referral for your state to order the support paid to the non-parent custodial relative? |
Do you require the non-parent custodial relative to have legal custody or will physical custody be enough? |
Will you pursue a case to establish paternity when there is an alleged father and a presumed father (or two presumed fathers)? If so, do you want an intergovernmental packet on each father with a note on each Transmittal #1 cross-referencing the packets? Or can they be sent in the same packet? |
Will you accept referrals to establish paternity/parentage and/or support if the alleged parent/obligor receives only SSI? |
Will you accept a referral to enforce against unemployment benefits for an NCP that does not live in your state? |
What types of verification of the party's address are acceptable? How recent must the verification be? |
Is there a centralized office to contact for reconciling arrearage balances? If so, what is that contact information. If not, who should one contact? (call center, case worker, etc.) |
Are there scenarios where your state will not accept a request for enforcement of arrears only? |
Section: LICENSE Enforcement
When your state is the responding state for enforcement, will you allow the initiating state to maintain an active license suspension process while the interstate referral is open? |
When your state is the responding state for enforcement, will you allow the initiating state to initiate a license suspension process while the interstate referral is open? |
NEW Section: LICENSE SUPSENSION
Are caseworkers required to conduct a review to assess ability to pay before notification of a suspension and/or before actual suspension? |
If a parent is notified of revocation/suspension, is there an opportunity to negotiate a payment schedule without paying the entire sum and without going to court? Please explain. |
What are your state’s criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
What are your state’s criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
Section: MODIFICATION AND REVIEW/ADJUSTMENT
How frequently does your state allow order reviews in IV-D non-PA cases when there is not a change in circumstance? |
Does your procedure require a request from a party to review an order in an IV-D Non-PA case? If so, must the request be signed by the party? |
Can the IV-D agency initiate a review in an IV-D non-PA case without a request from the party (e.g., based on data from automated sources that the parent is receiving unemployment or SSI)? |
At what point in the process must a party submit documentation of a change of circumstance (i.e., at the point of requesting a review or when the actual review is being conducted)? |
Is there a different quantitative criterion set in agency rule for IV-D orders? If so, what is it? |
Do your modification criteria require a sustained or continued change in circumstance? If so, how is it defined? |
Does your child support agency have an automated match with your state’s Department of Corrections to identify incarcerated noncustodial parents? Do you use it to facilitate order modification? |
How does your state child support agency track “every support order established or modified in the state” pursuant to 45 §303.108 (2)(ii)? |
When your state is the issuing state, are there any aspects of a child support order that may not be modified under your state’s law (See UIFSA § 611)? If yes, please describe. |
Section: PATERNITY/PARENTAGE
Does your state recognize same sex parents or multiple parents on parentage acknowledgments and or birth certificates? If so, what are your procedures for adding a same sex parent or multiple partners to a birth certificate? |
How is genetic testing coordinated within your state when parties are in another state? |
Will your state establish a default order of paternity/parentage? |
If you are the responding state and there are multiple alleged fathers but not all alleged fathers reside in your state, will you proceed with establishment of paternity/parentage? |
Please explain your establishment process under these circumstances.” |
If your IV D agency does not provide a paternity acknowledgment, birth certificate, or marriage license/certificate, what are the procedures and associated costs for obtaining these documents? |
NEW Section: SOCIAL SECURITY
If a parent receives both Title II and SSI benefits, do you use the Title II benefits as income on your guidelines when establishing or modifying a child support order? |
If a child’s family benefit paid directly to the CP is greater than the child support order, how do you credit the excess amount of current support? (i.e., is it treated as a gift, paid to arrears accrued at any time, treated as payment for a future period) |
If a child’s family benefit paid directly to the CP is less than the child support, do you send an IWO to SSA to supplement the benefit to reach the current order? |
If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
Does your state require a motion to modify to credit family benefits paid directly to the cp on behalf of the child against the current child support order? |
How does your agency monitor the amount of family benefit received on the case? |
How do you credit a Title II lump sum benefit paid to the SDU for a case? (i.e., the monthly amount is credited to current child support that month, the entire amount is credited towards all arrears, etc.) |
If lump sums are paid to both the NCP and the family, how do you credit the money received by the family and by the SDU to a case? |
If the case is an intergovernmental case, what is your process for communication or reconciliation of the SSA payments with the other state? |
Does your state close cases when the NCP receives SSI only or when NCP receives SSI and Title II benefits? |
Section: SUPPORT DETAILS
Does your guideline calculate support using the adjusted gross income of the parent(s) or the adjusted net (after-tax) income of the parents or something other? Please explain. |
Describe how your state considers the subsistence needs of the parent with a duty to pay support? If it’s a self-support reserve, please specify the amount. Also, please note whether the subsistence needs of the parent receiving support is considered and how. |
Describe how your state considers the subsistence needs of the parent with a duty to pay support? If it’s a self-support reserve, please specify the amount. Also, please note whether the subsistence needs of the parent receiving support is considered and how. |
What is the highest income considered in your child support formula/schedule/table? |
Does your guideline formula factor in the amount of time the child spends with each parent? If so, what evidence do you use of that time (e.g., court-order custody schedule, parenting plan, or verbal testimony). |
Does your guideline provide a minimum order? If so, how much? Under what circumstances is the minimum order applied? If there is an income threshold for applying, how much? |
Can your guideline formula/schedule result in a zero order? If yes, under what circumstances? |
Does your state establish zero orders in other circumstances that are not discussed in your state’s guidelines? If yes, under what circumstances are these zero orders established? |
Does your guideline address circumstance where there are more than two parents who have a financial responsibility for the children? If so, how? |
Are your guidelines set in state statute, court rule, administrative rule, or a combination? If a combination, please describe. |
Who is responsible for the periodic review of your guidelines (e.g., a commission set in statute, the child support agency)? If reviewed by a commission or committee, who appoints members? |
Section: SUPPORT ORDER ESTABLISHMENT
How does your state child support agency define a default order? Can a default order can be established without a hearing if a parent does not respond to the summons/complaint? |
What about when your state has issued a zero-dollar child support order and now a different amount should be ordered, does your state require establishment or modification?” |
Section: SUPPORT ORDER ESTABLISHMENT
Does your state require copies of birth certificates for any child for whom paternity or a chile support order is requested? If yes, and the child was born in your state, do you supply the birth certificate? |
Do you require a paternity acknowledgment, and adjudication of paternity or other records that paternity has been established for a chile for whom a support order is requested? If yes, describe. |
Does your state require copies of birth certificates for any child for whom paternity/parentage and/or support is requested? If so and the child was born in your state, do you supply the birth certificate? |
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File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Kasey-Henry, Angela (ACF) |
File Modified | 0000-00-00 |
File Created | 2021-11-17 |