11.1 Introduction

Chapter

This chapter contains the following sections and sub-sections:

• Initiating

• Responding

• Central Registry

  • Establishment

  • Enforcement

  • Modification

  • Closure

  • International

  • Reciprocal Countries

  • Currency Conversion

Overview

In order to address these two major issues, the NCCUSL and the U.S. Commission on Intergovernmental Child Support drafted a “new” uniform state law to address the multiple order issue. In 1992, the Intergovernmental Child Support Commission recommended to Congress that Congress require each state enact the Uniform Intergovernmental Family Support Act (UIFSA). Through one of the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, Congress also required each state to pass UIFSA in order to receive federal funding.

Intergovernmental cases are those that require action from more than one state’s IV-D agency because one parent resides in a different state from the other parent and the child. The intergovernmental case processing framework for child support is a combination of federal and state law.

Full Faith and Credit Child Support Order Act (FFCSOA)

In 1994, Congress enacted the Full Faith and Credit of Child Support Order Act (FFCSOA) and because at that time states were not required to pass UIFSA, Congress enacted FFCSOA to address the issue of multiple child support orders for the same custodial parent, non-custodial parent, and child. FFCSOA requires enforcement of an order of another state’s tribunal and prohibits the modification or entry of a new order unless certain jurisdictional requirements are met. Additionally, any payment of support due based upon a support order and unpaid after 30 days is considered a judgment by operation of law and is entitled to full, faith and credit (See 9.10 Enforcement – Judgments).

Uniform Interstatel Family Support Act (UIFSA)

The main premise of UIFSA is “one order.” UIFSA provides strict rules and guidelines to resolve the multitude of issues associated with multiple orders for the same family unit from within one state or from multiple states. Briefly, UIFSA:

• Provides for one order at a time and rules for determining the controlling order when multiple orders exist;

• Specifies a registered order cannot be modified by a state other than the issuing state except under limited circumstances;

• Allows the custodial parent or non-custodial parent to initiate an action;

• Indicates the responding state’s law controls a UIFSA proceeding except the nature, extent, amount and duration of the current child support and other support obligations within the order are governed by the issuing state;

• Asserts that the law of the state with the longest statute of limitations applies to collecting arrears;

• Authorizes a tribunal to issue an Order of Nondisclosure if the health, safety, or liberty of a party or child is at risk;

• Contains certain jurisdictional principles; and

• Permits a state to initiate a direct wage withholding to an employer in another state.

Two of the main concepts of UIFSA are controlling order and continuing exclusive jurisdiction (CEJ).

Controlling Order

When a support order is entered, it is considered the controlling order for purposes of enforcement and modification of the child support obligation. It remains in effect whether or not the parties remain in the state. Since the controlling order is not always the original order, UIFSA provides guidance to “determine the controlling order (DCO)” when multiple orders exist. For more information, please see Appendix 11.A – Determination of Controlling Order.

Continuing Exclusive Jurisdiction (CEJ)

In addition to the controlling order concept, UIFSA defined continuing exclusive jurisdiction. A tribunal of a state retains sole authority to modify a support order issued by that tribunal as long as: (a) One (1) of the parties of the order maintains residency in that state, or (b) Until all of the parties of the order have filed a written consent with the tribunal that issued the order to allow another state to modify the order and assume continuing exclusive jurisdiction over the order. CEJ is the basis for the intergovernmental process that focuses on one-state jurisdiction (e.g. long-arm jurisdiction or direct wage withholding). For more information, see 11.B – Continuing Exclusive Jurisdiction Rules.

Intergovernmental Case Processing

Intergovernmental Case

When Wyoming initiates a referral of a case to another state, the Wyoming CSE Program becomes the Initiating State (aka Initiating Jurisdiction or Agency). The IV-D agency in the other state becomes the Responding State (aka Responding Jurisdiction or Agency) in the intergovernmental case.

Communication

Child Support Enforcement Network (CSENet)

CSENet provides an automated standardized approach for state IV-D agencies to communicate with each other and process intergovernmental cases. Through CSENet, case workers initiate and respond to intergovernmental requests to:

• Locate alleged fathers, non-custodial parents, and custodial parents,

• Establish paternity and/or child support,

• Enforce an order, or

• Modify an order.

This automated format of routine tasks within the child support program improved the efficiency of intergovernmental case processing.

Other State

While many states communicate utilizing CSENet as discussed above, some states do not use CSENet. Additionally, other circumstances may require direct contact with the case worker in the other state. In order to communicate effectively with the other state, Wyoming case workers will use the federally mandated intergovernmental forms as described in the next section and in Appendix 11.C – Intergovernmental Forms, call the other state, fax requests to the other state, or if appropriate, e-mail the case worker in the other state.

As discussed above, according to federal regulations, the Wyoming CSE Program has 10 business days to notify the other state of new information. New information includes but is not limited to a(n):

• Income withholding order issued to employer

• Legal action dismissed

• Hearing scheduled

• Lien filed

• Modification request denied

• Change in field office

• Family violence claimed

• Non-custodial parent served

• Case referred for service

• SSN updated

• Change in address

• Party dies

• Change in place of birth

• Change in date of birth

• Non-custodial parent missed genetic testing

• Genetic testing scheduled

• Non-custodial parent filed bankruptcy

• Case closed

• Case class change

• Change in status of child

• Change in medical support

• Modified order

• Order registered in Wyoming

• Paternity established in Wyoming

• Support order established in Wyoming

Custodial Parent

A custodial parent involved in an intergovernmental case should receive all information about the child support case from the case worker in the Initiating State. If Wyoming is the Initiating State, the case worker in Wyoming will provide the custodial parent with an update within 2 business days of receiving notices of pending or completed legal action. Providing this update includes obtaining the signature of the custodial parent when necessary.

When Wyoming is the Responding State in an intergovernmental case, the Wyoming case worker is only required to keep the Initiating State informed of all case activity as required by federal regulations. The Initiating State is required to communicate with the custodial parent.

While Wyoming is not required to provide information to the custodial parent when Wyoming is the Responding State, a Wyoming case worker will not refuse a phone call from the custodial parent. The case worker will:

• Provide case information as allowed in 3.6 Confidentiality and Safeguarding Information – Release of Information,

• Encourage the custodial parent to contact the Initiating State, notify the Initiating State’s case worker of the contact, and

• Request the Initiating State’s case workers help in asking the custodial parent to contact the Initiating State’s case worker rather than the Responding case worker in Wyoming.

Standardized Forms

In addition to the verbatim enactment of UIFSA, PRWORA also required the use of standardized intergovernmental forms. These forms consist of the following:

• Child Support Enforcement Transmittal #1 – Initial Request

• Child Support Enforcement Transmittal #2 – Subsequent Action

• Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery

• Notice of Determination of Controlling Order

• General Testimony

• Locate Data Sheet

• Affidavit in Support of Establishing Paternity

• Registration Statement

• Uniform Support Petition

The federal OCSE provides instructions on the use of each form and updates them on a regular basis. Case workers will generate the federally mandated forms from POSSE. See Appendix 11.C – Intergovernmental Forms for more information on the use of each form.

Federal Guidelines and Timeframes

In order to ensure the best possible service to the customers within the Wyoming CSE Program, the federal OCSE established certain minimum timeframes by which actions within the child support program should take place. Below are the federal guidelines and timeframes for this chapter:

Intergovernmental

General Intergovernmental Responsibilities:

The Wyoming CSE Program will use federally approved forms as discussed in Appendix 11.C – Intergovernmental Forms.

The Wyoming CSE Program will transmit and receive intergovernmental electronically as much as possible.

If a case is covered by an Order of Confidentiality filed by the court, please see Policy Number 3.8 Order of Confidentiality.

Within 30 working days of a request, the Wyoming CSE Program will provide any order and payment record information requested by a State IV-D agency for a controlling order determination and reconciliation of arrears or notify the IV- D agency when the information will be provided.

The Wyoming CSE Program will cooperate with limited services requests such as Quick Locate, service of process, assistance with discovery, assistance with genetic testing, teleconference hearings, administrative reviews, high-volume automated administrative enforcement, copies of court orders and payment histories, and other such requests.

Central Registry – When Wyoming Receives a Request for Locate Services from Another State:

Within 10 working days of receipt of an intergovernmental IV-D case, the Wyoming Central Registry shall:

• Ensure the submitted documentation is complete; (45 CFR 303.7(b)(2)(i))

• Forward the case to the appropriate agency for processing for location services; (45 CFR 303.7(b)(2)(ii))

• Acknowledge receipt of the case and request missing information; and (45 CFR 303.7(b)(2)(iiI))

• Inform the Initiating agency where the case was sent for action. (45 CFR 303.7(b)(2)(iv))

Within 5 working days, the district office shall respond to an Initiating State’s request for case status.

Initiating – When Wyoming is the Initiating State:

• Determine whether or not a support order exists; if multiple orders exist, where a controlling order determination shall take place; and whether a one-state remedy is appropriate. (45 CFR 303.7(c)(1-3))

• Within 20 calendar days of locating an alleged father or non-custodial parent in another jurisdiction and after receipt of appropriate and necessary information, the case shall be referred to the responding jurisdiction. (45 CFR 303.7(c)(4))

• Provide the Responding agency with requested information within 30 calendar days of the receipt of the request. (45 CFR 303.7(a)(7))

• At least annually, contact the Responding agency with an updated interest balance, if any, owed on overdue support under a Wyoming order enforced in another state. (45 CFR 303.7(c)(7))

• Submit all past-due support owed in IV-D cases that meet IRS certification requirements outlined in 9.2 Enforcement – Administrative Offset for Federal tax refund offset. (45 CFR 303.7(c)(8))

• Notify the Responding State within 10 working days of receipt of new information on the case. (45 CFR 303.7(a)(7))

• Send a request for review of a child support order u of determining that a request for review of the child support order should be sent to another state. (45 CFR 303.7(c)(9))

• Notify the Responding Agency of case closure within 10 working days; instruct the Responding Agency to close its case and stop wage withholding before Wyoming transmits a wage withholding directly to the employer; and if Wyoming has closed its case but has not notified the Responding Agency and a payment is received, Wyoming will diligently try to locate the custodial parent for distribution of the payment. (45 CFR 303.7(c)(11-13))

Responding – When Wyoming is the Responding State:

• Wyoming shall provide locate sources in accordance with 303.3 of the CFR within 75 days of receipt of a intergovernmental form and documentation requesting services, request additional information if inadequate documentation provided, and process the intergovernmental case to the extent possible pending updated information. (45 CFR 303.7(d)(2))

• Within 10 working days of locating an alleged father or non-custodial parent in another jurisdiction within Wyoming, the District CSE Office shall forward the case to the appropriate District CSE Office and update the Initiating State of its action. (45 CFR 303.7(d)(4))

• Within 10 working days of locating an alleged father or non-custodial parent in another State, the District CSE Office shall:

  • return the transmittal to the Initiating State; or

  • if directed by the Initiating State, forward the transmittal to the central registry of the State where the alleged father/non-custodial parent is located.

(45 CFR 303.7(d)(3))

• Provide establishment, collection and distribution, enforcement, and review and adjustment services as necessary and as it would in a Wyoming IV-D case including consumer reporting, passport denial, and notification of any formal hearing that may result in the establishment or modification of a child support order. (45 CFR 303.7(d)(6))

• When the request is for a controlling order determination:

  • File the controlling order determination within 30 calendar days of receipt of request or locating the non-custodial parent, whichever occurs later; and

  • Notify the Initiating Agency, the Controlling Order State, and any State where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days.

(45 CFR 303.7(d)(5))

• Provide timely notice to the Initiating Agency in advance of a hearing establishing or modifying an order. (45 CFR 303.7(d)(7))

• When Wyoming receives new information and Wyoming is the Responding State, Wyoming shall notify the Initiating Agency involved in the case within 10 working days. (45 CFR 303.7(a)(7))

To comply with this federal regulation through self-assessment, a state shall meet this requirement for of all its open cases. (45 CFR 305.63(c) and 45 CFR 308.2(g))

In addition to the timeframes provided for intergovernmental cases, the Code of Federal Regulations also provides guidance surrounding cost recovery in intergovernmental cases. Specifically,

1) Except for those costs in paragraphs (2) and (3) below, the Responding State pays for the costs incurred in intergovernmental cases.

2) The Initiating State shall pay for the costs of genetic testing. If the Responding State establishes paternity, the Responding State will request a judgment for genetic testing costs for the Initiating State and forward any costs recovered to the Initiating State.

3) Each State may recover its costs of providing services in intergovernmental non-public assistance cases. (45 CFR 303.7(d))

To comply with this federal regulation through self-assessment, a state shall meet this requirement for seventy-five percent (75%) of all its open cases. (45 CFR 305.63(c)(2), (3), (4), and (5) and 45 CFR 308.2(g))

Closure

A IV-D child support case may be closed as long as it meets all of the requirements outlined in the federal regulations. (45 CFR 303.11) The case closure criteria that may apply in intergovernmental cases are:

• The Initiating State requests closure of the intergovernmental case. ((b)(8))

• The Responding State documents failure by the Initiating State to take action essential for the next step in services. ((b)(12))

• The Initiating Agency notifies the Responding State that the Initiating State has closed its case ((b)(13)).

• The Initiating Agency notifies the Responding State that its intergovernmental services are no longer needed ((b)(14)).

To comply with this federal regulation through self-assessment, a state shall meet this requirement for ninety percent (90%) of all its open cases. (45 CFR 305.63(b)(2) and 45 CFR 308.2(a))

See Chapter 12 Closure for more details.

Cross Reference

Appendix 11.A – Determination of Controlling Order

Appendix 11.B - Continuing Exclusive Jurisdiction Rules

Appendix 11.C - Intergovernmental Forms

Appendix 11.E – CSENet States

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1For more information on UIFSA 2001, see Federal OCSE Information Memorandum 03-01 at http://www.acf.hhs.gov/programs/cse/pol/IM/2003/im-03-01.htm