Child support help

INTRODUCTION TO CHILD SUPPORT ENFORCEMENT

U.S. Department of Health and Human Services

U.S. Department of Health and Human Services (HHS)
Administration for Children and Families (ACF)
Office of Child Support Enforcement (OCSE)
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447

OCSE website

The mission of the Child Support Enforcement Program is to enhance the well-being of children by assuring that assistance in obtaining support, including financial and medical, is available to children through locating parents, establishing paternity, establishing support obligations, and monitoring and enforcing those obligations.


HELPFUL LINKS

Critical Phone Numbers

Child Abuse

Childhelp's National Child Abuse Hotline
800-4-A-CHILD (800-422-4453)

Child Care

Child Care Aware
1-800-424-2246

Domestic Violence

National Domestic Violence Hotline
1-800-799-SAFE (800-799-7233)
TDD 1-800-787-3224

Missing and Exploited Children

National Center for Missing and Exploited Children
1-800-THE-LOST (1-800-843-5678)

Runaway Youth

National Runaway Switchboard
1-800-621-4000


WORLD LAW DIRECT'S ARTICLES

The Child Support Enforcement Program
by WORLDLawDirect, published on 2000-11-05 21:04:24

Child support enforcement -- Interstate matters
by WORLDLawDirect, published on 2000-11-04 12:40:53

Child support enforcement -- Enforcing orders
by WORLDLawDirect, published on 2000-11-04 12:40:00

Child support enforcement -- Support orders
by WORLDLawDirect, published on 2000-11-04 12:39:48

Child support enforcement -- Establish paternity
by WORLDLawDirect, published on 2000-11-04 12:30:22

Child support enforcement -- Finding the parent
by WORLDLawDirect, published on 2000-11-04 12:22:13

Child support FAQ's -- Legal advice and help
by Chris Mason, published on 2000-11-02 19:41:48

Child support -- Where to begin?
by WORLDLawDirect, published on 2000-10-31 17:56:11


DO YOU NEED HELP TO GET A CHILD SUPPORT ORDER?

Are you a parent--divorced, separated or never married--with children to support? Do you need help to collect child support payments from the parent who has an order to pay?

States must use proven enforcement tools on behalf of families who apply for child support enforcement services. The Child Support Enforcement (CSE) Program is run by State Human Services Departments, Attorney General's Offices, or Departments of Revenue. To learn more about the program or to apply for child support services, call your local CSE office. Check the county listings in your telephone book to get the telephone number, or call or write the State CSE Agency. OCSE website

For the most part, child support enforcement problems are handled according to State and local laws and practices. States often can use administrative procedures or other legal processes for establishing and enforcing support orders more quickly than is usually possible with court proceedings.

Your State's Child Support Enforcement Program is available to help you:

• Find the noncustodial parent: Location
• Establish legal fatherhood for children: Paternity
• Establish the legal support order: Obligation
• Collect child support payments: Enforcement

Problems such as property settlement, visitation and custody are not, by themselves, child support enforcement issues and the CSE Program generally cannot enforce court orders relating to them. Parents must deal with these issues through the courts or other systems set up by the State. Today, about 85 percent of custodial parents are women and 15 percent of custodial parents are men. As you go through this Handbook, remember that either parent may have been awarded primary custody by the court.

REMEMBER: The more you know about child support enforcement, the more you take an active role in getting information to your caseworker and asking questions about your case, the more success you will have in obtaining regular and full child support payments for your children.

The person you will be working with at your enforcement office may be called a caseworker, investigator, enforcement worker, collection specialist, or child support worker.


Who can get help?

Any parent or person with custody of a child who needs help to establish a child support or medical support order or to collect support payments can apply for child support enforcement services. People who have received assistance under cash assistance programs - Aid to Families with Dependent Children (AFDC), or the new Temporary Assistance for Needy Families (TANF) (we will refer to these as "cash assistance" in this Handbook), or Medicaid or Federally-assisted Foster Care programs are automatically referred for child support enforcement services.

An unmarried father can apply for services to establish paternity--a legal relationship with his child.

A noncustodial parent whose case is not in the CSE Program can request services to make payments through the Program. Doing so can ensure that there is a record of payments made.


Where do I apply for help in obtaining child support?

Through your local child support enforcement (CSE) office. The number can be found in your telephone directory usually under the State/County social services agency.


Is there an application fee?

People receiving assistance under Medicaid, Foster Care, or cash assistance programs do not have to pay for CSE services. For all others, a fee of up to $25 is charged, although some States absorb all or part of the fee or collect payment from the noncustodial parent.


Are there any other costs?

Because child support agencies may recover all or part of the actual costs of their services from customers who are not in a public assistance program, there may be other costs to parents. These can include the cost of legal work done by agency attorneys and costs for locating a noncustodial parent. Such costs may be deducted from the child support before it is sent to you or may be collected from the noncustodial parent. Not all States recover the costs of their services. Your local CSE office can tell you about the practices in your State.


My State recovers costs from the custodial parent. How will I know how much will be deducted from my support checks?

Your caseworker should be able to estimate the costs involved in your case, and give you an idea of how much they will deduct from each check before sending it to you.


Will I receive the entire amount of support paid?

If you have not received cash assistance, you will receive the total child support payment (less any fees the State may collect). If you are receiving cash assistance, check with your State CSE Agency. Some States will give you the entire child support payment and reduce your assistance payment, others will keep the entire amount and not reduce the assistance payment. If you are not receiving cash assistance now but did in the past, if amounts are still owed to the State, any support collected beyond the amount ordered for current support may be used to reduce the arrearages owed.


Will there be an extra cost if the enforcement agency is dealing with the enforcement agency in another State?

There may be extra costs if more than one State is handling your case. Ask your caseworker to estimate these costs, if any.


Will the enforcement agency keep track of my child support payments to make sure they keep coming? I am not in a cash assistance program.

CSE offices are required to monitor payments to make sure they are made regularly and fully. But you should inform the agency if payments are late or in the wrong amount, or if you receive payments directly. When you monitor your case, you can keep the CSE office informed so that it can act quickly if needed.


I'm getting a divorce and my spouse wants me to pay child support directly to her. Can I insist on paying through the CSE office?

You should send your payment to whomever is specified in the child support order. Since January, 1994, support orders must include a provision for wage withholding unless both parents and the courts agree on another payment method. If your order does not call for wage withholding, you can request this service. If you do, you will have a record that you have made payments as required. If you are self-employed, you may be able to arrange for an automatic transfer of funds to the child support agency through electronic funds transfer. Either parent can apply for CSE services, which include receiving and distributing payments.


The noncustodial parent lives across the State. I cannot afford to take the time off from work or travel there for a child support hearing. How can I get enforcement of my child support?

Most local CSE offices handle enforcement in different jurisdictions in the same State without your having to travel outside your own jurisdiction. Ask your local CSE office for details about how enforcement would work in your case.


I am applying for cash assistance. Do I have to provide information about the father?

To be eligible for assistance, you must provide information to help to identify the father and collect child support from him. Any child support collected will be used to help support your children--going either directly to you or to repay the State for your assistance grant. Your State CSE Agency will explain how the child support will be used.


I am applying for cash assistance, but I am afraid that the father may hurt me or the children if I tell a caseworker who he is. What should I do?

Under some conditions, the CSE office may agree that there is "good cause" for not trying to collect support from the father. You can explain the situation to your caseworker and provide supporting information.


My children and I need money now. The noncustodial parent left us 10 years ago. Can the CSE office still take my case?

If you apply for services, the CSE office will try to find the noncustodial parent to establish or enforce a child support obligation. Be sure to give your caseworker all the information you have that might help find the parent.


If the CSE office can't find the noncustodial parent, does that mean I can't get cash assistance?

No. You can get cash assistance if you are trying to help find the noncustodial parent. Your State or local CSE Agency will tell you what information they will need you to provide in order to get assistance.


What does the child support enforcement agency need to know?

No matter where you start--establishing paternity, finding a noncustodial parent, establishing or enforcing a support order--the CSE office must have enough information to pursue your case. All information you provide will be treated in confidence. The more details you provide, the easier it will be to process your case and to collect child support payments for your children.


What documents do I need to bring to the enforcement agency?

The following information and documents will help the CSE office to locate the parent, establish paternity, and establish and/or enforce your child support order:

» Information about the noncustodial parent

• name, address and social security number
• name and address of current or recent employer
• names of friends and relatives, names of organizations to which he or she might belong
• information about his or her income and assets - payslips
• tax returns, bank accounts, investments or property holdings
• physical description

» children's birth certificates

» if paternity is an issue, written statements (letters or notes) in which the alleged father has said or implied that the child is his

» your child support order

» your divorce decree or separation agreement

» records of any child support received in the past

» information about your income and assets

You play a big role in getting the child support your children deserve.

I'm the noncustodial parent. I love my kids. I pay my child support. About half the time when I go to pick them up for my weekend, my ex-wife has made other plans for them. It's not fair that the State will enforce my child support obligation but not do anything about my rights.

Although the CSE Program lacks authority to enforce visitation, many State or local governments have developed procedures for enforcing visitation orders. Also, a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) makes funding available to States for developing model programs to ensure that children will be able to have the continuing care and emotional support of both parents. Check with your CSE office to see what resources are available to you and to find out about laws which address custody and visitation.


TERMS TO KNOW

GLOSSARY OF CHILD SUPPORT ENFORCEMENT TERMS

• administrative procedure - method by which support orders are made and enforced by an executive agency rather than by courts and judges

• Aid to Families with Dependent Children - assistance payments made on behalf of children who don't have the financial support of one of their parents by reason of death, disability, or continued absence from the home; known in many States as ADC (Aid to Dependent Children)

• arrearages - unpaid child support for past periods owed by a parent who is obligated to pay

• assignment of support rights - a person receiving public assistance agrees to turn over to the State any right to child support, including arrearages, paid by the obligated parent in exchange for receipt of a cash assistance grant and other benefits

• complaint - written document filed in a court whereby the complainant sets forth the names of the parties, the allegations, and the request for relief sought

• consent agreement - voluntary written admission of paternity or responsibility for support

• custodial parent - person with legal custody and with whom the child lives; may be parent, other relative, or someone else

• custody order - legal determination which establishes with whom a child shall live

• default - failure of a defendant to appear, or file an answer or response in a civil case, after having been served with a summons and complaint

• default judgment - decision made by the court when the defendant fails to respond

• defendant - person against whom a civil or criminal proceeding is begun

• electronic funds transfer - transfer of money from one bank account to another or to a CSE Agency

• enforcement - obtaining payment of a child support or medical support obligation

• Federal Income Tax Offset Program - a program under the Federal Office of Child Support Enforcement which makes available to State CSE Agencies a route for securing the tax refund of parents who have been certified as owing substantial amounts of child support

• Federal Parent Locator Service (FPLS) - a service operated by the Federal Office of Child Support Enforcement to help the States locate parents in order to obtain child support payments; also used in cases of parental kidnapping related to custody and visitation determinations; FPLS obtains address and employer information from Federal agencies

• Federally-assisted Foster Care - a program, funded in part by the Federal government, under which a child is raised in a household by someone other than his or her own parent

• finding - a formal determination by a court, or administrative process that has legal standing

• Full Faith and Credit - doctrine under which a State must honor an order or judgement entered in another State

• garnishment - a legal proceeding under which part of a person's wages and/or assets is withheld for payment of a debt

• genetic testing - analysis of inherited factors (usually by blood or tissue test) of mother, child, and alleged father which can help to prove or disprove that a particular man fathered a particular child

• guidelines - a standard method for setting child support obligations based on the income of the parent(s) and other factors as determined by State law

• immediate wage withholding - automatic deductions from income which start as soon as the agreement for support is established (see wage withholding)

• jurisdiction - legal authority which a court has over particular persons, certain types of cases, and in a defined geographical area

• legal father - a man who is recognized by law as the male parent

• lien - a claim upon property to prevent sale or transfer until a debt is satisfied

• long arm statute - a law which permits one State to claim personal jurisdiction over someone who lives in another State

• Medicaid program - federally funded medical support for low income families

• medical support - legal provision for payment of medical and dental bills

• noncustodial parent - parent who does not have primary custody of a child

• obligation - amount of money to be paid as support by the responsible parent and the manner by which it is to be paid

• offset - amount of money taken from a parent's State or Federal income tax refund to satisfy a child support debt

• order - direction of a magistrate, judge or properly empowered administrative officer

• paternity judgement - legal determination of fatherhood

• plaintiff - person who brings an action, complains or sues in a civil case

• presumption of paternity - a rule of law under which evidence of a man's paternity (e.g. voluntary acknowledgment, genetic test results) creates a presumption that the man is the father of a child. A rebuttable presumption can be overcome by evidence that the man is not the father, but it shifts the burden of proof to the father to disprove paternity.

• probability of paternity - the probability that the alleged father is the biological father of the child as indicated by genetic test results.

• public assistance - money granted from the State/ Federal Aid to Families with Dependent Children program to a person or family for living expenses; eligibility based on need

• State Parent Locator Service (SPLS) - a service operated by the State Child Support Enforcement Agencies to locate noncustodial parents to establish paternity, and establish and enforce child support obligations

• statute of limitations - the period during which someone can be held liable for an action or a debt--statutes of limitations for collecting child support vary from State to State

• stay - an order by a court which suspends all or some of the proceedings in a case

• TANF -Temporary Assistance to Needy Families - time-limited assistance payments to poor families. The program provides parents with job preparation, work and support services to help them become self-sufficient

• Uniform Interstate Family Support Act (UIFSA), and Uniform Reciprocal Enforcement of Support Act (URESA) - laws enacted at the State level which provide mechanisms for establishing and enforcing support obligations when the noncustodial parent lives in one State and the custodial parent and the children live in another

• visitation - the right of a non-custodial parent to visit or spend time with his or her children

• voluntary acknowledgement of paternity - an acknowledgement by a man, or both parents, that the man is the father of a child, usually provided in writing on an affidavit or form

• wage withholding - procedure by which automatic deductions are made from wage or income to pay some debt such as child support; may be voluntary or involuntary

[wld_team]

Child support

I am a mother of a 13yr. old son and 10yr. old daughter who live with their father. We have been divorced for almost 8yrs. In the beginning of this year I was awarded disability and both children receive benefits. My ex is now taking me for more child support. My benefits have decreased because of getting medicare in which I need. I do everything I can to help out with my children which is more than most would. I am married again and my husband paid for any of my childrens needs for the past 4 years when I didn't work before disability. Now that this has happened with my ex taking me for support my current husband has filed for divorce. With the little bit of money I make each month are they going to take most of that away from me. I live in PA Any advice?

Contributors: mamiof2

[wld_team]

No--the amount is going to be similar to what parents at that income are required to pay in your state.

I am the maternal grandmother who has been helping support my granddaughters for 5 years. The father ducks and dives and we have to keep chasing him for money.
I have taken legal steps to recover what I have spent (halved) from the Paternal Grandmother.

She is defending the action and has now asked for a Rule 60(5)

What does this mean?

Thank you

Originally Posted by Unregistered I am the maternal grandmother who has been helping support my granddaughters for 5 years. The father ducks and dives and we have to keep chasing him for money. I have taken legal steps to recover what I have spent (halved) from the Paternal Grandmother. She is defending the action and has now asked for a Rule 60(5) I live in South Africa (Roman Dutch Law) What does this mean? Thank you

Vicky Onel

hi! i have a 4 year old son and i am single. my son's father does nothing to help me with our son within the past 3 years. he is currently supposed to pay $115.00 a month in child support. i have yet to recieve payment. i am in the state of wisconsin is it worth my time to ask for more money or should i just leave the situtation alone.

I need help to lower child support. It is BACK child support. The children are grown. But I lost my job and just got another at lower pay and they are taking half of my check and taking the taxes out of my half for all of it. That only leaves about thirty dollars which is not enough to pay for my gas let alone, live on.

Hi i have a website dedicated to child support issues to help people http://mychildsupporthelp.info check it out.

If women had to pay a large sum of money every time that they had a baby and all child support agencies closed down for good. The world would be a better stress free and welfare free place. My ex tricked me and wanted to have a child turned around and tricked with my best friend of 6 and a half years. Now the wh*re wants child support after I took care of her for 2 years hand and foot. Now she doesn't get a damn dime and I hadn't worked in 5 years and proud of it. THANKS!!!

[Miss Ro]

If someone is & has been making child support payments for the first time, will their income tax refund be taken? The person I'm asking about had a baby with his girlfriend & she was on welfare at the time. He got a court order saying that he owes welfare $11,000. Can they take his income tax refund?