Post by Jim on Dec 10, 2009 9:07:08 GMT -5
Each county in the United States must provide child support enforcement services; however, each state uses different agencies. For example, in Ohio and Wisconsin the child support agency is called the Child Support Enforcement Agency; in Michigan it is The Friend of the Court; and in Texas it is the Attorney General’s Office of Child Support.
Child support agencies across the country are referred to as the IV-D (4-D) agency. IV-D comes from the 1975 Social Security Act, which created local child support enforcement agencies in every state. These agencies are all required to provide equal services to all families in need; families currently receiving public assistance, as well as, those that are not. When providing services, the IV-D agency must follow federal and state child support laws and regulations.
Required by Federal Law to Provide the Following Services:
• Locate Absent Parents
• Establish Orders
• Establish Paternity
• Enforce Orders
• Modify Orders
• Establish and Enforce Medical Support Orders
• Distribute Payments with -In Two Days of Receipt
• Operate New Hire Registry to Identify Noncustodial Parents Who Owe Support Sot He Wages Can Be Attached
• Attach State and Federal Income Tax Refunds to Collet Back Support
• Seize Assets to Collect Support
• More……
Who Does What in the Child Support Enforcement System
U. S. Congress - federal laws which are binding on states and approves funding for title IV-D of the social Security Act government child support enforcement agencies.
For example : federal funding for 66%of the cost of state/county Title IV-D Child Support programs
U. S. President - Responsible for Executive Branch of government with implement laws passed by congress and monitors expenditures approved in budget. Appoint Cabinet member, U. S. Secretary of Health and Human Services who is responsible for child support programs
State Legislatures - enact state laws which mirror federal laws and other laws which are in addition to those which do not change or decrease federal mandates in any way. Approve state budget for state/county child support enforcement programs and agencies. Affects all agencies involved: courts, prosecutors ( DA’s, state attorneys etc.), sheriffs, clerk of courts, county board of commissioner( supervisors, county legislature).
For example: in addition to the 66% federal reimbursement county agencies will receive ___ in state funding.
Designated State IV-D Agency: receives federal funding for state child support agency, has contracts with other government agencies and vendors to deliver services ( see list below). Responsible to implement laws and regulations( explanation of the laws), supervise staff/ vend-dor/contractors, responsible to ensure federal and state laws are followed and properly implemented. All contractors are paid with federal funds at least in part.
Organized in three basic ways:
State operated- most employees work for the state, contracts with prosecutors, sheriffs and vendors for some services
State supervised county operated: passes regulations for counties to follow and passes doewn federal funding to counties for operations. State supervises county implements.
Hybrid: State and county split authority and duties based on state specific laws and regualtions
Contracted and In-House Parts of a State Child Support System:
Caseworkers are employees of the state in a state operated system. They are employees of the county in a state supervised county run system. Hybrids include situation where caseworkers can either employees of either the state or county.
1. Intake- opening cases can be done at:
a. At the designated IV-D Agency
b. courts - at time of divorce or establishment of paternity
c. Welfare Agency- required when on goes on public assistance and other cases if this
agency is designated State IV-D Agency
d. by mail - required by federal law
e. Prosecutor ( DA, State’s Attorney, contract attorney) - if specified in their contract
f. Hospitals: - at time of birth for paternity cases - if specified in their contract
g. other - as specified in contract
2. Locating Absent parents and their income and assets
a. Designated IV-D Agency - required by federal law for federal and state parent locator service
b. Other State agencies- e.g. CA Franchise Tax Board
c. Private sources such a credit bureaus- most states do his as part of state parent locator service
d. Investigative Units- e.g Sheriff’s Department, private investigators
3. Establishing Paternity
a. Hospitals- at time of birth as specified in contract
b. attorney - prosecutor, or private attorney- as specified in contract
c. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
d. courts- referees ( magistrates, hearing officers, etc.) for court cases
e. various county agencies to voluntarily establish paternity such as birth registrar, health Department, WIC , etc.- as specified in contract.
4. Establishing Orders
a. attorney - prosecutor, or private attorney- as specified in contract
b. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
5. Enforcing Orders
a. attorney - prosecutor, or private attorney forcivil processes- as specified in contract
b. hearing officers at IV-D agency- for administrative enforcement hearings. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
d. prosecutors( DA’S , state attorneys) - criminal non support - referal sent by IV-D and their contractors as specified in contracts- also people can contact directly
6. Process of Service ( serving legal notice)
a. sheriff- as specified in contract - some state prohibit contracts but require sheriff to perform this duty under state law
b. Private process servers- as specified in contract
7. Court Document Record Keeping
a. Clerk of Courts
8. Court - federal law allows state IV-D program to reimburse courts for staff and expenses incurred on child support cases. In most states this include Domestic Relations and Juvenile Court
a. Judges - as specified in contract
b. Hearing Officers - as specified in contract
9. Payment Processing - State Disbursement Units (SDU)
a. Designated IV- D Agency
b. Private vendor such as ACS, Bank One, etc..
c. State Treasurer’s of other State agency - e.g. MN
d. Debit card companies for electronic transfer of funds- e.g. US Bank dos this for MN
10. Probation Departments - Criminal cases ( except NJ where Probation Department is the county IV-D agency)
a. probation officer- monitor payments of those guilty of criminal non support- interact with courts, prosecutors and IV-D agency to do this - a specified in contract
11. U. S. Attorneys- receives referrals fro federal criminal non support charges from IV-D- people can contact directly too
a. investigators- work for U. S. Attorney or can be FBI agent or can be from, PSOC, Please Save our Children, who are U.S ,Marshals and local law enforcement personnel.
b. Assistant U.S. Attorney - as specified in contract
c. U.S. Marshal- apprehend and transport those charge with federal criminal non support.- as specified in contract
Child support agencies across the country are referred to as the IV-D (4-D) agency. IV-D comes from the 1975 Social Security Act, which created local child support enforcement agencies in every state. These agencies are all required to provide equal services to all families in need; families currently receiving public assistance, as well as, those that are not. When providing services, the IV-D agency must follow federal and state child support laws and regulations.
Required by Federal Law to Provide the Following Services:
• Locate Absent Parents
• Establish Orders
• Establish Paternity
• Enforce Orders
• Modify Orders
• Establish and Enforce Medical Support Orders
• Distribute Payments with -In Two Days of Receipt
• Operate New Hire Registry to Identify Noncustodial Parents Who Owe Support Sot He Wages Can Be Attached
• Attach State and Federal Income Tax Refunds to Collet Back Support
• Seize Assets to Collect Support
• More……
Who Does What in the Child Support Enforcement System
U. S. Congress - federal laws which are binding on states and approves funding for title IV-D of the social Security Act government child support enforcement agencies.
For example : federal funding for 66%of the cost of state/county Title IV-D Child Support programs
U. S. President - Responsible for Executive Branch of government with implement laws passed by congress and monitors expenditures approved in budget. Appoint Cabinet member, U. S. Secretary of Health and Human Services who is responsible for child support programs
State Legislatures - enact state laws which mirror federal laws and other laws which are in addition to those which do not change or decrease federal mandates in any way. Approve state budget for state/county child support enforcement programs and agencies. Affects all agencies involved: courts, prosecutors ( DA’s, state attorneys etc.), sheriffs, clerk of courts, county board of commissioner( supervisors, county legislature).
For example: in addition to the 66% federal reimbursement county agencies will receive ___ in state funding.
Designated State IV-D Agency: receives federal funding for state child support agency, has contracts with other government agencies and vendors to deliver services ( see list below). Responsible to implement laws and regulations( explanation of the laws), supervise staff/ vend-dor/contractors, responsible to ensure federal and state laws are followed and properly implemented. All contractors are paid with federal funds at least in part.
Organized in three basic ways:
State operated- most employees work for the state, contracts with prosecutors, sheriffs and vendors for some services
State supervised county operated: passes regulations for counties to follow and passes doewn federal funding to counties for operations. State supervises county implements.
Hybrid: State and county split authority and duties based on state specific laws and regualtions
Contracted and In-House Parts of a State Child Support System:
Caseworkers are employees of the state in a state operated system. They are employees of the county in a state supervised county run system. Hybrids include situation where caseworkers can either employees of either the state or county.
1. Intake- opening cases can be done at:
a. At the designated IV-D Agency
b. courts - at time of divorce or establishment of paternity
c. Welfare Agency- required when on goes on public assistance and other cases if this
agency is designated State IV-D Agency
d. by mail - required by federal law
e. Prosecutor ( DA, State’s Attorney, contract attorney) - if specified in their contract
f. Hospitals: - at time of birth for paternity cases - if specified in their contract
g. other - as specified in contract
2. Locating Absent parents and their income and assets
a. Designated IV-D Agency - required by federal law for federal and state parent locator service
b. Other State agencies- e.g. CA Franchise Tax Board
c. Private sources such a credit bureaus- most states do his as part of state parent locator service
d. Investigative Units- e.g Sheriff’s Department, private investigators
3. Establishing Paternity
a. Hospitals- at time of birth as specified in contract
b. attorney - prosecutor, or private attorney- as specified in contract
c. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
d. courts- referees ( magistrates, hearing officers, etc.) for court cases
e. various county agencies to voluntarily establish paternity such as birth registrar, health Department, WIC , etc.- as specified in contract.
4. Establishing Orders
a. attorney - prosecutor, or private attorney- as specified in contract
b. hearing officers at IV-D agency- for administrative establishment process. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
5. Enforcing Orders
a. attorney - prosecutor, or private attorney forcivil processes- as specified in contract
b. hearing officers at IV-D agency- for administrative enforcement hearings. They can work directly for the state or county agency or for a different county or state agency
c. courts- referees ( magistrates, hearing officers, etc.) for court cases
d. prosecutors( DA’S , state attorneys) - criminal non support - referal sent by IV-D and their contractors as specified in contracts- also people can contact directly
6. Process of Service ( serving legal notice)
a. sheriff- as specified in contract - some state prohibit contracts but require sheriff to perform this duty under state law
b. Private process servers- as specified in contract
7. Court Document Record Keeping
a. Clerk of Courts
8. Court - federal law allows state IV-D program to reimburse courts for staff and expenses incurred on child support cases. In most states this include Domestic Relations and Juvenile Court
a. Judges - as specified in contract
b. Hearing Officers - as specified in contract
9. Payment Processing - State Disbursement Units (SDU)
a. Designated IV- D Agency
b. Private vendor such as ACS, Bank One, etc..
c. State Treasurer’s of other State agency - e.g. MN
d. Debit card companies for electronic transfer of funds- e.g. US Bank dos this for MN
10. Probation Departments - Criminal cases ( except NJ where Probation Department is the county IV-D agency)
a. probation officer- monitor payments of those guilty of criminal non support- interact with courts, prosecutors and IV-D agency to do this - a specified in contract
11. U. S. Attorneys- receives referrals fro federal criminal non support charges from IV-D- people can contact directly too
a. investigators- work for U. S. Attorney or can be FBI agent or can be from, PSOC, Please Save our Children, who are U.S ,Marshals and local law enforcement personnel.
b. Assistant U.S. Attorney - as specified in contract
c. U.S. Marshal- apprehend and transport those charge with federal criminal non support.- as specified in contract
