Handbook on Child Support Enforcement
I. INTRODUCTION
Are you a parent--divorced, separated or never married--with children to
support?
Do you need help to get a child support order?
Do you need help to collect child support payments from the parent who
has an order to pay?
States must use proven enforcement tools on behalf of families who apply
for child support enforcement services. The Child Support Enforcement
(CSE) Program is run by State Human Services Departments, Attorney
General's Offices, or Departments of Revenue. To learn more about the
program or to apply for child support services, call your local CSE
office. Check the county listings in your telephone book to get the
telephone number, or call or write the State CSE Agency listed at the back
of this Handbook. (CSE Agency toll-free numbers, when available,
are listed too.)
For the most part, child support enforcement problems are handled
according to State and local laws and practices. States often can use administrative
procedures* or other legal processes for establishing and enforcing
support orders more quickly than is usually possible with court
proceedings.
* Words in italics are defined in the Glossary in the Appendix.
In this Handbook, you will find the basic steps to follow to
establish paternity and obtain a support order, and to collect the support
due, whether you are working with your State or local CSE Program or your
own attorney. The Handbook is organized so that you can refer
directly to the sections you need.
Your State's Child Support Enforcement Program is available to help you:
- Find the noncustodial parent: Location
- Establish legal fatherhood for children: Paternity
- Establish the legal support order: Obligation
- Collect child support payments: Enforcement
Problems such as property settlement, visitation and custody are not, by
themselves, child support enforcement issues and the CSE Program generally
cannot enforce court orders relating to them. Parents must deal with these
issues through the courts or other systems set up by the State. Today,
about 85 percent of custodial parents are women and 15 percent of
custodial parents are men. As you go through this Handbook,
remember that either parent may have been awarded primary custody by the
court.
REMEMBER: The more you know about child support enforcement, the
more you take an active role in getting information to your caseworker and
asking questions about your case, the more success you will have in
obtaining regular and full child support payments for your children.
The person you will be working with at your enforcement office may be
called a caseworker, investigator, enforcement worker, collection
specialist, or child support worker. The term "caseworker" will
be used in this Handbook. Also, the words "court" or "judge"
mean the official agency having the authority in your State to make
legally binding decisions.
Who can get help?
Any parent or person with custody of a child who needs help to establish
a child support or medical support order or to collect support payments
can apply for child support enforcement services. People who have received
assistance under cash assistance programs - Aid to Families with
Dependent Children (AFDC), or the new Temporary Assistance for
Needy Families (TANF) (we will refer to these as "cash assistance"
in this Handbook), or Medicaid or Federally-assisted
Foster Care programs are automatically referred for child support
enforcement services.
An unmarried father can apply for services to establish paternity--a
legal relationship with his child.
A noncustodial parent whose case is not in the CSE Program can
request services to make payments through the Program. Doing so can ensure
that there is a record of payments made.
Where do I apply for help in obtaining child support?
Through your local child support enforcement (CSE) office. The number
can be found in your telephone directory usually under the State/County
social services agency.
Is there an application fee?
People receiving assistance under Medicaid, Foster Care, or cash
assistance programs do not have to pay for CSE services. For all others, a
fee of up to $25 is charged, although some States absorb all or part of
the fee or collect payment from the noncustodial parent.
Are there any other costs?
Because child support agencies may recover all or part of the actual
costs of their services from customers who are not in a public assistance
program, there may be other costs to parents. These can include the cost
of legal work done by agency attorneys and costs for locating a
noncustodial parent. Such costs may be deducted from the child support
before it is sent to you or may be collected from the noncustodial parent.
Not all States recover the costs of their services. Your local CSE office
can tell you about the practices in your State.
My State recovers costs from the custodial parent. How will I know
how much will be deducted from my support checks?
Your caseworker should be able to estimate the costs involved in your
case, and give you an idea of how much they will deduct from each check
before sending it to you.
Will I receive the entire amount of support paid?
If you have not received cash assistance, you will receive the total
child support payment (less any fees the State may collect). If you are
receiving cash assistance, check with your State CSE Agency. Some States
will give you the entire child support payment and reduce your assistance
payment, others will keep the entire amount and not reduce the assistance
payment. If you are not receiving cash assistance now but did in the past,
if amounts are still owed to the State, any support collected beyond the
amount ordered for current support may be used to reduce the arrearages
owed.
Will there be an extra cost if the enforcement agency is dealing
with the enforcement agency in another State?
There may be extra costs if more than one State is handling your case.
Ask your caseworker to estimate these costs, if any.
Will the enforcement agency keep track of my child support payments
to make sure they keep coming? I am not in a cash assistance program.
CSE offices are required to monitor payments to make sure they are made
regularly and fully. But you should inform the agency if payments are late
or in the wrong amount, or if you receive payments directly. When you
monitor your case, you can keep the CSE office informed so that it can act
quickly if needed.
I'm getting a divorce and my spouse wants me to pay child support
directly to her. Can I insist on paying through the CSE office?
You should send your payment to whomever is specified in the child
support order. Since January, 1994, support orders must include a
provision for wage withholding unless both parents and the courts
agree on another payment method. If your order does not call for wage
withholding, you can request this service. If you do, you will have a
record that you have made payments as required. If you are self-employed,
you may be able to arrange for an automatic transfer of funds to the child
support agency through electronic funds transfer. Either parent
can apply for CSE services, which include receiving and distributing
payments.
The noncustodial parent lives across the State. I cannot afford to
take the time off from work or travel there for a child support hearing.
How can I get enforcement of my child support?
Most local CSE offices handle enforcement in different jurisdictions in
the same State without your having to travel outside your own
jurisdiction. Ask your local CSE office for details about how enforcement
would work in your case.
I am applying for cash assistance. Do I have to provide information
about the father?
To be eligible for assistance, you must provide information to help to
identify the father and collect child support from him. Any child support
collected will be used to help support your children--going either
directly to you or to repay the State for your assistance grant. Your
State CSE Agency will explain how the child support will be used.
I am applying for cash assistance, but I am afraid that the father
may hurt me or the children if I tell a caseworker who he is. What should
I do?
Under some conditions, the CSE office may agree that there is "good
cause" for not trying to collect support from the father. You can
explain the situation to your caseworker and provide supporting
information.
My children and I need money now. The noncustodial parent left us 10
years ago. Can the CSE office still take my case?
If you apply for services, the CSE office will try to find the
noncustodial parent to establish or enforce a child support obligation. Be
sure to give your caseworker all the information you have that might help
find the parent.
If the CSE office can't find the noncustodial parent, does that mean
I can't get cash assistance?
No. You can get cash assistance if you are trying to help find the
noncustodial parent. Your State or local CSE Agency will tell you what
information they will need you to provide in order to get assistance.
What does the child support enforcement agency need to know?
No matter where you start--establishing paternity, finding a
noncustodial parent, establishing or enforcing a support order--the CSE
office must have enough information to pursue your case. All information
you provide will be treated in confidence. The more details you provide,
the easier it will be to process your case and to collect child support
payments for your children.
What documents do I need to bring to the enforcement agency?
The following information and documents will help the CSE office to
locate the parent, establish paternity, and establish and/or enforce your
child support order:
» Information about the noncustodial parent
- name, address and social security number
- name and address of current or recent employer
- names of friends and relatives, names of organizations to which he or
she might belong
- information about his or her income and assets - payslips,
- tax returns, bank accounts, investments or property holdings
- physical description
» children's birth certificates
» if paternity is an issue, written statements (letters or
notes) in which the alleged father has said or implied that the child is
his
» your child support order
» your divorce decree or separation agreement
» records of any child support received in the past
» information about your income and assets
You play a big role in getting the child support your children deserve.
I'm the noncustodial parent. I love my kids. I pay my child support.
About half the time when I go to pick them up for my weekend, my ex-wife
has made other plans for them. It's not fair that the State will enforce
my child support obligation but not do anything about my rights.
Although the CSE Program lacks authority to enforce visitation, many
State or local governments have developed procedures for enforcing
visitation orders. Also, a provision of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA) makes funding
available to States for developing model programs to ensure that children
will be able to have the continuing care and emotional support of both
parents. Check with your CSE office to see what resources are available to
you and to find out about laws which address custody and visitation.
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Handbook on Child Support Enforcement: Child support order
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