Child Support: Roles and Responsibilities
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A hundred years from now,
it will not matter how much
money was in my bank
account, the sort of house
I lived in, or what kind of
car I drove. . . But the
world may be different
because I was important in
the life of a child.
2
Why is DCS Involved?
Federal Mandate
State Law
Welfare Reform
Reduce Tax Burden
Self Sufficiency
P
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f
:
An application from either Parent or Custodian of
Child.
An Electronic Referral from the State 4A Program.
Generated upon completing a new application or eligibility review for
TANF or Medical Assistance.
3
A Referral from a Tribal TANF Program.
A Foster Care Referral.
A Washington State Support Registry (WSSR)
Court Order where either party signed to request
DCS services.
4
5
A Transmittal from another Child Support Agency.
A Request and Application from the Non-
Custodial parent for Enforcement of a Custodial
Parents Medical Support Obligation.
A Request and Application for Paternity
Establishment.
DCS opens a full enforcement case by operation of law if
DCS discovers a child is receiving TANF or certain
categories of Medicaid in Washington, if the non-
custodial parent is not in the household and DCS has no
case.
When required by federal and state law, DCS charges a
custodial parent who has never received TANF, Tribal
TANF, or AFDC (Aid to Families with dependent children)
as a custodian of a child a $25 annual fee.
6
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What is paternity?
•
Legally, paternity is the fact of being the male
parent (father) to a child.
How do I establish paternity?
•
There are three ways to establish legal
paternity:
Marriage (Presumed)
Court Order
Paternity Affidavit
Marriage
•
If the mother and father marry before the
child’s birth, the marriage creates a
“presumption of paternity” in the husband.
•
The husband is the child’s legal father.
•
This presumption may be challenged in court.
Court Order
The court decides if a man is the father of a child.
To do this, the court usually requires a genetic test of
the mother, father, and child. This is especially
true if there is more than one possible father.
Use the court process if any party is unsure about
signing the affidavit OR if the woman’s husband is
unwilling to sign a denial of paternity.
Paternity Affidavit
•
The paternity affidavit is a legal form. State
law considers the man who signs this form to
be the legal (biological) father of the child.
•
Both parents must sign the form, being sure
to have their signatures notarized.
•
The form must be filed with the Washington
State Department of Health.
Who Signs the Affidavit
•
Sign the form only when both the man and
the mother are sure the man is the only
possible biological father of the child.
•
A paternity affidavit signed by a minor is
legal. State law holds minors who sign the
form to the same degree of responsibility as
adults.
What happens if the mother is married
to someone else?
•
If a child is born during a marriage or within 300
days of the end of the marriage, the husband is
PRESUMED to be the father.
•
If the husband agrees to sign the denial of paternity
section of the affidavit, another man can be listed as
the natural (biological) father. Without the
husband’s denial, the natural father will not be listed
as the child’s father on the birth certificate.
What if I change my mind?
•
You may ask the court to remove the father’s name
from the birth record. This action must be filed with
the courts within 60 days of the filing date of the
affidavit with Dept of Health (DOH).
•
If the court allows the rescission, DOH will remove
the man’s name from the birth certificate.
•
If it has been more than 60 days from the filing date
of the affidavit with DOH, a legal challenge may still
be made. The father must be able to show the
court that he signed the form under fraud or duress.
This is material mistake of fact.
•
YOU CANNOT CHALLENGE THE PATERNITY
AFFIDAVIT IF IT HAS BEEN MORE THAN 2
YEARS FROM THE FILING DATE
.
How can DCS help with paternity?
•
You can contact our office and open a case
for paternity establishment only. This is
helpful if you cannot locate the father. This
cannot be done if the child is already over the
age of 18.
•
Any court actions and their filing fees are
minimal.
O
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Administrative
Court
Set by Division of Child Support
Support Enforcement Officer
NFFR
-
Notice & Finding of Financial Responsibility
NFMR
-
Notice & Finding of Medical Responsibility
NFPR
-
Notice & Finding of Parental Responsibility
ADMIN ORDER
Service
Certified Mail
Personal Service
Hearing Rights
Default Order
Consent Order
Final Order
ADMIN ORDER
Refer to County Prosecutor
Refer to Other State’s Court (UIFSA)
COURT ORDER
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A Court Order supersedes an Admin Order
A determination of Controlling Order may
need to be made if multiple court orders
exist
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Child Support
Medical
Childcare
Spousal Support
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ENFORCEMENT
Determined by Language in the Order
Premium Limit
25
MEDICAL
WAGES
–
Income Withholding For Support
–
Voluntary Wage Assignment
*Federal Law requires us to send a withholding
order to an employer if the NCP is employed.
RECURRING INCOME
26
Labor & Industries
Unemployment Compensation
DFAS – Military Garnishments
RECURRING INCOME
27
Department of Veterans Affairs
Employee Retirement
Title II Social Security Benefits
–
We do give credit for dependent benefits paid
to the custodian of the children
RECURRING INCOME
28
Bank Account Order to Withhold & Deliver
County Liens to secure debt
Department of Corrections Inmate
Accounts
County Jail Inmate Accounts
NON-RECURRING
INCOME
29
IRS Certification
Alaska Permanent Fund Dividend
Department of Revenue – Unclaimed
Property
Trust Fund Attachment
Legal Settlement Attachment
Lottery Winnings
NON-RECURRING
INCOME
30
License Certification
Driver’s, Hunting, Fishing, International,
Professional, Occupational
Credit Bureau Reporting
Contempt
OTHER ACTIONS
31
Most Wanted Website
Interstate
Federal Judicial Prosecution
Security Bonds
OTHER ACTIONS
32
Employer Non-Compliance
Estate Claim
FCNS – Federal Criminal Non-Support
PSOC –Project Save Our Children
–
Provides preliminary investigation to increase
conviction under FCNS
OTHER ACTIONS
33
Federal Offset Program
–
IRS Returns
–
Passports
–
Federal Employee Travel Reimbursement
–
FIDM – Federal Institution Data Match
•
Bank Accounts & Other Assets
OTHER ACTIONS
34
Washington Law:
50% Limit on Net
Out of State Employers
Follow Laws of State They Operate In
LIMITATIONS
P
A
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S
T
H
R
O
U
G
H
Looks at the Family Unit
Pass Through Payment
First has to be paid by NCP
$100 for 1 child in household
$200 for 2 or more children in household
May affect Medical or Food Stamps Grant
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Applied based on law of the issuing or
enforcing state. We may apply whichever
law preserves the debt the longest.
The statute can be waived by the NCP
M
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Changing a Child Support Order
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O
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Change in income of either party to the
order
Change in family composition
Medical provisions
MODIFICATIONS
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W
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?
Noncustodial Parent, Custodial Parent or
Custodian may petition for modification at any
time.
Mandatory DCS review of TANF and Tribal
TANF cases every 35 months for modification.
Cases are reviewed for specific criteria before
referring for modification.
MODIFICATIONS
40
M
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P
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Administrative Orders are modified through DCS
and the Office of Administrative Hearings
Court Orders are modified through Superior Court
when referred by DCS.
Court Orders are modified through the Family
Court Facilitator when petitioned by parties on the
order.
MODIFICATIONS
41
M
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P
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Parties can hire an Attorney to proceed with a
modification.
Tribal Orders are modified through the Tribal
Court.
Intergovernmental Cases follow a matrix for
proceeding with a modification. The location of
the Noncustodial Parent, Custodial Parent and
the Order determine where the modification
will be referred.
MODIFICATIONS
42
M
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C
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Mandatory review of TANF and Tribal TANF
cases every 3 years.
DCS must have locate of parties.
The Transfer Payment must either increase or
decrease by $100 per month; 25% of the
original Transfer Payment; AND by $2400
over the life of the Order.
MODIFICATIONS
43
Modification of Administrative Orders
DCS Initiated review. Must meet the criteria for modification
to be referred to the Office of Administrative Hearings
(OAH).
DCS may petition for Modification if Medical Insurance and
Cash Medical were not addressed in a Court Order.
Noncustodial Parents, Custodial Parents, and Custodians
may petition for a modification of an Administrative Order at
any time. Modification Criteria does not apply.
M
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O
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e
r
Mandatory DCS Initiated review every 35 months.
The Noncustodial Parent, Custodial Parent or Custodian
may petition for modification of a Court Order through
DCS every three years.
Cases must meet the following criteria for modification to
be referred to the Superior Court. The Transfer Payment
must increase or decrease by $100 per month; 25%;
AND $2400 over the life of the Order.
MODIFICATIONS
45
P
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Noncustodial Parents, Custodial Parents and
Custodians may petition for modification through
the Family Court Facilitator.
May have quicker results.
Minimal cost involved for filing fees, document
fees, etc.
MODIFICATIONS
46
A
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M
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Time frames – determined by Attorney’s
calendar
Advantage – can address issues other than
child support such as visitation, special
expenses, etc.
MODIFICATIONS
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D
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w
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O
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Large Support Debts can create a barrier to
Family Reconciliation.
DCS may be able to help.
48
•
Negotiation of Payments.
•
Reduction of Debt.
•
Charge off of Debt.
N
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Support Enforcement Officers have the authority to
negotiate the amount of arrears payments
(unless the
arrears payment are court ordered).
SEOs may request DCS refund payments.
tax refund attachments.
bank account attachments.
employer payments.
SEOs may initiate a modification review if support is not
based upon actual income.
SOLUTIONS
50
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D
e
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SEOs may help the party initiate a late hearing to review
the underlying administrative order if the party was not
able to request a hearing due to impairment or if there
were legal errors.
Canary Notice 180
– “Some of DCS's administrative orders are based on
unknown or inaccurate wage information. DCS wants to give parties every chance
possible to obtain an accurate order. DCS can assist parties in correcting
inaccurate administrative orders through the hearings process.”
SOLUTIONS
51
C
h
a
r
g
e
O
f
f
o
f
D
e
b
t
SEOs may initiate a Conference Board review for charge
off of debt owed to the State of Washington if there were
legal errors, if continuing collection action causes a
financial hardship, or the cost of collection exceeds the
value of the debt.
Canary Notice 198 – “This CN is supported by a recent research project. The
report
Overcoming Barriers to Collection
recommends streamlining the process
for writing off excessive and uncollectable debts.”
SOLUTIONS
52
G
O
O
D
C
A
U
S
E
DCS does not require cooperation if the
TANF/MAO custodian is afraid the Non-Custodial
Parent may harm the child or custodian, or when
there is a good cause claim pending or granted
.
Good Cause Level A: DCS cannot proceed with establishment or enforcement of child
support.
Good Cause Level B: DCS can proceed with establishment or enforcement but
without CP cooperation.
OTHER SOLUTIONS
53
F
O
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T
E
R
C
A
R
E
DCS does not initiate actions to collect support
on a foster care case when collection of current
support would reduce the head of household’s
income to less than the self support reserve if
there are other dependent children in the NCP’s
home.
OTHER SOLUTIONS
54
F
O
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T
E
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C
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R
E
DCS does not collect current support if the child is placed:
.
With a birth/adoptive parent,
In a private agency custody,
In a juvenile rehabilitation (JRA) facility,
In a non-funded relative placement.
If an adoptive family has been receiving adoption support
services from the state of Washington. DCS will not take any
collection or establishment action when the adopted child enters
foster care if Children’s Administration determined good cause
for the placement.
If the child, NCP or relative placement person has a tribal
affiliation SEO’s will consult with the Regional Tribal Liaison.
OTHER SOLUTIONS
55
56
THANK YOU!
This collection of images provides insights into the Department of Social and Health Services' Division of Child Support (DCS) and its involvement in ensuring the well-being of children through federal mandates, state laws, and welfare reforms. The DCS opens cases based on various referrals such as applications from parents or custodians, electronic referrals, court orders, and more. It also emphasizes the importance of paternity establishment for children to claim their rights and benefits.
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Presentation Transcript
CHILD SUPPORT 101 November 7th, 2011 Presented by Department of Social and Health Services DCS Olympia Field Office
A hundred years from now, it will not matter how much money was in my bank account, the sort of house I lived in, or what kind of car I drove. . . But the world may be different because I was important in the life of a child. 1
Why is DCS Involved? Federal Mandate State Law Welfare Reform Reduce Tax Burden Self Sufficiency 2
Policy: The Division of Child Support (DCS) Opens a IV-D case upon receipt of: An application from either Parent or Custodian of Child. An Electronic Referral from the State 4A Program. Generated upon completing a new application or eligibility review for TANF or Medical Assistance. 3
A Referral from a Tribal TANF Program. A Foster Care Referral. A Washington State Support Registry (WSSR) Court Order where either party signed to request DCS services. 4
A Transmittal from another Child Support Agency. A Request and Application from the Non- Custodial parent for Enforcement of a Custodial Parents Medical Support Obligation. A Request and Application for Paternity Establishment. 5
DCS opens a full enforcement case by operation of law if DCS discovers a child is receiving TANF or certain categories of Medicaid in Washington, if the non- custodial parent is not in the household and DCS has no case. When required by federal and state law, DCS charges a custodial parent who has never received TANF, Tribal TANF, or AFDC (Aid to Families with dependent children) as a custodian of a child a $25 annual fee. 6
PATERNITY PATERNITY Every child deserves to have a legal father, To know who that father is, and To claim the rights and benefits That come with that knowledge. 7
What is paternity? Legally, paternity is the fact of being the male parent (father) to a child.
How do I establish paternity? There are three ways to establish legal paternity: Marriage (Presumed) Court Order Paternity Affidavit
Marriage If the mother and father marry before the child s birth, the marriage creates a presumption of paternity in the husband. The husband is the child s legal father. This presumption may be challenged in court.
Court Order The court decides if a man is the father of a child. To do this, the court usually requires a genetic test of the mother, father, and child. This is especially true if there is more than one possible father. Use the court process if any party is unsure about signing the affidavit OR if the woman s husband is unwilling to sign a denial of paternity.
Paternity Affidavit The paternity affidavit is a legal form. State law considers the man who signs this form to be the legal (biological) father of the child. Both parents must sign the form, being sure to have their signatures notarized. The form must be filed with the Washington State Department of Health.
Who Signs the Affidavit Sign the form only when both the man and the mother are sure the man is the only possible biological father of the child. A paternity affidavit signed by a minor is legal. State law holds minors who sign the form to the same degree of responsibility as adults.
What happens if the mother is married to someone else? If a child is born during a marriage or within 300 days of the end of the marriage, the husband is PRESUMED to be the father. If the husband agrees to sign the denial of paternity section of the affidavit, another man can be listed as the natural (biological) father. Without the husband s denial, the natural father will not be listed as the child s father on the birth certificate.
What if I change my mind? You may ask the court to remove the father s name from the birth record. This action must be filed with the courts within 60 days of the filing date of the affidavit with Dept of Health (DOH). If the court allows the rescission, DOH will remove the man s name from the birth certificate.
If it has been more than 60 days from the filing date of the affidavit with DOH, a legal challenge may still be made. The father must be able to show the court that he signed the form under fraud or duress. This is material mistake of fact. YOU CANNOT CHALLENGE THE PATERNITY AFFIDAVIT IF IT HAS BEEN MORE THAN 2 YEARS FROM THE FILING DATE.
How can DCS help with paternity? You can contact our office and open a case for paternity establishment only. This is helpful if you cannot locate the father. This cannot be done if the child is already over the age of 18. Any court actions and their filing fees are minimal.
ORDER ESTABLISHMENT Administrative Court
ADMIN ORDER Set by Division of Child Support Support Enforcement Officer NFFR - Notice & Finding of Financial Responsibility NFMR - Notice & Finding of Medical Responsibility NFPR - Notice & Finding of Parental Responsibility
ADMIN ORDER Service Certified Mail Personal Service Hearing Rights Default Order Consent Order Final Order
COURT ORDER Refer to County Prosecutor Refer to Other State s Court (UIFSA)
SUPPORT ORDERS RANKING A Court Order supersedes an Admin Order A determination of Controlling Order may need to be made if multiple court orders exist
ENFORCEMENT 23
ENFORCEMENT Child Support Medical Childcare Spousal Support 24
MEDICAL Determined by Language in the Order Premium Limit 25
RECURRING INCOME WAGES Income Withholding For Support Voluntary Wage Assignment *Federal Law requires us to send a withholding order to an employer if the NCP is employed. 26
RECURRING INCOME Labor & Industries Unemployment Compensation DFAS Military Garnishments 27
RECURRING INCOME Department of Veterans Affairs Employee Retirement Title II Social Security Benefits We do give credit for dependent benefits paid to the custodian of the children 28
NON-RECURRING INCOME Bank Account Order to Withhold & Deliver County Liens to secure debt Department of Corrections Inmate Accounts County Jail Inmate Accounts 29
NON-RECURRING INCOME IRS Certification Alaska Permanent Fund Dividend Department of Revenue Unclaimed Property Trust Fund Attachment Legal Settlement Attachment Lottery Winnings 30
OTHER ACTIONS License Certification Driver s, Hunting, Fishing, International, Professional, Occupational Credit Bureau Reporting Contempt 31
OTHER ACTIONS Most Wanted Website Interstate Federal Judicial Prosecution Security Bonds 32
OTHER ACTIONS Employer Non-Compliance Estate Claim FCNS Federal Criminal Non-Support PSOC Project Save Our Children Provides preliminary investigation to increase conviction under FCNS 33
OTHER ACTIONS Federal Offset Program IRS Returns Passports Federal Employee Travel Reimbursement FIDM Federal Institution Data Match Bank Accounts & Other Assets 34
LIMITATIONS Washington Law: 50% Limit on Net Out of State Employers Follow Laws of State They Operate In
SUSPENDED PASS THROUGH Looks at the Family Unit Pass Through Payment First has to be paid by NCP $100 for 1 child in household $200 for 2 or more children in household May affect Medical or Food Stamps Grant
STATUTE OF LIMITATIONS Applied based on law of the issuing or enforcing state. We may apply whichever law preserves the debt the longest. The statute can be waived by the NCP
MODIFICATIONS Changing a Child Support Order RCW 26.09.070: Modification of decree for maintenance or support, property disposition Termination of maintenance obligation and child support Grounds. 38
MODIFICATIONS Reasons to Modify a Child Support Order Change in income of either party to the order Change in family composition Medical provisions 39
MODIFICATIONS Who Can Petition for Modification? Noncustodial Parent, Custodial Parent or Custodian may petition for modification at any time. Mandatory DCS review of TANF and Tribal TANF cases every 35 months for modification. Cases are reviewed for specific criteria before referring for modification. 40
MODIFICATIONS Modification Procedures Administrative Orders are modified through DCS and the Office of Administrative Hearings Court Orders are modified through Superior Court when referred by DCS. Court Orders are modified through the Family Court Facilitator when petitioned by parties on the order. 41
MODIFICATIONS Modification Procedures Parties can hire an Attorney to proceed with a modification. Tribal Orders are modified through the Tribal Court. Intergovernmental Cases follow a matrix for proceeding with a modification. The location of the Noncustodial Parent, Custodial Parent and the Order determine where the modification will be referred. 42
MODIFICATIONS Modification Criteria Mandatory review of TANF and Tribal TANF cases every 3 years. DCS must have locate of parties. The Transfer Payment must either increase or decrease by $100 per month; 25% of the original Transfer Payment; AND by $2400 over the life of the Order. 43
Modification of Administrative Orders DCS Initiated review. Must meet the criteria for modification to be referred to the Office of Administrative Hearings (OAH). DCS may petition for Modification if Medical Insurance and Cash Medical were not addressed in a Court Order. Noncustodial Parents, Custodial Parents, and Custodians may petition for a modification of an Administrative Order at any time. Modification Criteria does not apply.
MODIFICATIONS Modification of a Court Order Mandatory DCS Initiated review every 35 months. The Noncustodial Parent, Custodial Parent or Custodian may petition for modification of a Court Order through DCS every three years. Cases must meet the following criteria for modification to be referred to the Superior Court. The Transfer Payment must increase or decrease by $100 per month; 25%; AND $2400 over the life of the Order. 45
MODIFICATIONS Pro Se Modification Through the Family Court Facilitator Noncustodial Parents, Custodial Parents and Custodians may petition for modification through the Family Court Facilitator. May have quicker results. Minimal cost involved for filing fees, document fees, etc. 46
MODIFICATIONS Attorney Initiated Modification Time frames determined by Attorney s calendar Advantage can address issues other than child support such as visitation, special expenses, etc. 47
Dealing with Obstacles Large Support Debts can create a barrier to Family Reconciliation. DCS may be able to help. 48
Negotiation of Payments. Reduction of Debt. Charge off of Debt.
