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Giving Hope and Support to America's ChildrenPUERTO RICO
A. STATE AT A GLANCE
Program OperationState operated office
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative Agreements
Reciprocity With Tribal EntitiesJustice Department of Commonwealth of Puerto Rico; Office of Courts Administration
No
Age of Majority for Termination of Support21 years of age, or whenever minor is self-supporting through marriage
Statutes of Limitation
• Collection of Past Due Support
None, while minor has not attained majority; 5 years after minor attains majority; if obligor is disabled, when disability ceases
• Paternity EstablishmentAction for recognition of children can only be established during life of presumptive parents and 1 year beyond their death except in following instances: (1) if father or mother shall have died during minority of child, in which case child may bring his action before first 4 years of his having attained his majority shall have elapsed; (2) if after death of father or mother there shall appear a written statement or document, of which no notice was previously had, wherein child is expressly recognized; in this case action shall be established with next 6 months after document has been discovered
•DormancyNone
Guidelines
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, with obligee's consent; through contempt and stipulations
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to Judgment
Recovery of Costs Elected Under State Plan
Recovery of Costs for Initiating StateNo
No
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate Resources
Certification/Notarization
• Uniform Support Petition
Certification by signature of agency official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding
Included IncomeWages, unemployment compensation, and tax refunds
Fee Charged by EmployersNominal fee
Arrearages through Income WithholdingYes, voluntary income withholding and involuntary income withholding if obligor has arrears for 1 month or more
Interstate Income Withholding Procedures
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your State
Good Cause Criteria as Exception to Immediate Withholding
No
No
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed
None
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingIn process
Paternity through URESAYes
Interstate Paternity ProceduresWhen request for paternity establishment is received by PR Central Registry/Office of Court Administration, file established, case number assigned, acknowledgment of receipt issued to initiator, case referred to Superior Court for filing and assigning a number, office of special prosecutor handles legal representation on behalf of petitioner; hearing date set; summons issued to alleged father; hearing held on paternity issue, order entered; alleged father can voluntarily acknowledge paternity and enter stipulation
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes; probability of paternity of 90% or better
Marriage as Presumption of Paternity
Other Statutory PresumptionsYes; but it is a rebuttable presumption
No
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed
Putative Father's Name on Birth CertificatePutative father presents sworn statement or signs birth certificate of child at Demographic Registry; signing of child's birth certificate by putative father, as child's father, establishes ipso factor his filiation, without need for further determination or confirmation by courts
Personal Appearance of Witness or Custodial Parent RequiredYes
Acceptable Methods of TestimonyNo
Genetic Testing Contact Point
Recovery of Genetic Testing Costs for Other
States
University of Puerto Rico
Medical Sciences Campus
No
Documentation Required for Admissibility of Genetic Testing Results
Assistance of Other States Using Their Long-Arm Statutes
Service of Process
Genetic TestingMedical certificate
No
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessCourt hearing by judge or examiner
Interstate Procedures
Considered for Setting Support Under Guidelines
When request for support order establishment is received by PR Central Registry/Office of Court Administration, file established, case number assigned, acknowledgment of receipt issued to initiator, case referred to Superior Court for filing and assigning a number; special prosecutor handles legal representation on behalf of petitioner; hearing date set; summons issued to respondent; hearing held on support issue; PR guidelines apply; order entered; stipulations for support used, but legal establishment of support requires court approval and order.
Special medical needs of the child; cost of providing health insurance for the child; child care costs; CP's household expenses; CP's gross income/assets; CP's net income/assets; age of child; AP's gross income/assets; AP's net income/assets; AP's self support reserves; second family involvement; and inflationary factors
Public Assistance History Requirements
Contact Point for Public Assistance History
Current monthly public assistance and grant amount
Mr. Julio Colon Barreto
Director, Child Support Enforcement Program
Box 3349
San Juan, Puerto Rico 00902-9938
Documents Required in Addition to Mandated Forms & Number of Copies NeededStandard URESA package; any supporting documents available would be helpful; Interstate Enforcement Referral form, with 3 copies of existing order, AFDC assignment of rights or Non-AFDC application for IV-D services
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order When Family Lives in Another State
Yes
Preferred Method of Enforcement
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Contact Point to Obtain Payment Records
Contact Point to Obtain Court Order
Through judicial system, by operation of Act No. 71 of June 20, 1956 as amended.
None
Mr. Yolanda Flores Director, Social Services Center
Office f Courts Administration
Stop 351/2, Veal Street
Hato Rey Station Box 917
Hato Rey, Puerto Rico 00919
Phone: (809) 764-2739
Same as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA Procedure
URESAs filed as a new case; duty of support and ability to pay determined; PR guidelines apply if order exists and arrearages sought, request must clearly specify such
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order; 3 certified copies of financial payments history and arrears; 3 copies of initiating State's URESA law
Registration ProcedureWhen the Court of PR receives the certified copies, it shall (1) docket the case (2) notify the prosecutor charged with duty of carrying on proceeding (3) set time and place for hearing, and (4) take such action as is necessary under applicable laws to obtain jurisdiction
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies of support order; 3 certified copies of financial payments history; 3 copies of initiating State's registration laws; URESA Action Request form including obligor's work or home address
G. REVIEW AND ADJUSTMENT OF ORDERS
Procedure
Criteria for Review/Adjustment
Definition of Change of Circumstances
Request from initiating State on URESA Action Request specifying request for upward modification/increase; need obligee's sworn financial statement document; motion to increase is filed in Superior Court; summons issued; service on obligor; hearing held; determination made; order entered
As per proposed regulation
Significant or unforseen changes that occur in circumstances of any one of parties, such as loss of employment
Frequency With Which Reviews Are Conducted
Documents Required in Addition to Mandated Forms & Number of Copies NeededEvery 3 years
Sworn obligee's financial statement document
RHODE ISLAND
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)1
Type of Agencies with Cooperative AgreementsRI Family Court; RI Department of Employment Security; RI Department for Children and their Families
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18
Statutes of Limitation
• Collection of Past Due Support
None
• Paternity EstablishmentNone
•DormancyNone
GuidelinesObligor gross income
Arrearage Collections on Behalf of Non-minor
Child(ren)No
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to JudgmentNo
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesCredit Bureau, Department of Motor Vehicles, FPLS, Post Office, Department of Economic Security, IRS
Certification/Notarization
• Uniform Support Petition
Certification by signature of agency official
•General Testimony for URESACertification by signature of agency official
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitCertification by signature of agency official
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Wage withholding
Included IncomeWages and unemployment compensation
Fee Charged by Employers$3.00 per collection
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresNotice is served on defendant; 10 days later, administrative wage withholding order is served on employer; if defendantappeals notice, court hearing is scheduled
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes; if order is registered in RI
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 copies of arrearage affidavit; orders under which arrears accrued
C. PATERNITY
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresSame as in-state cases
Consent Orders ObtainedNo
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes, if child conceived while parties were married
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes, couple living together as husband and wife (same house, same bank account, recognized by the community in which they live as husband and wife)
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateOnly included if he agrees prior to court action, if court decrees he is the father, it is placed on birth certificate automatically
Personal Appearance of Witness or Custodial Parent RequiredYes
Acceptable Methods of TestimonyVerbal or written (notarized)
Genetic Testing Contact PointBureau of Family Support
77 Dorrance St.
Providence, RI 02903
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsYes
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
Yes; contact
Bureau of Family Support
77 Dorrance St.
Providence, RI 02903
Yes; contact BFS
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial
Interstate ProceduresSame as in-state
Considered for Setting Support Under GuidelinesAP's gross income/assets
Criteria for RebuttalNo
Public Assistance History RequirementsMonthly grant amount statement
Contact Point for Public Assistance History600 New London Ave.
Cranston, RI 02903
(401) 464-2633
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementURESA Referral
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
Contact Point to Obtain Payment Records77 Dorrance St.
Providence, RI 02903
(401) 277-2847
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureFollows Federal central registry guidelines
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Registration ProcedureDefendant notified upon receipt ofrequest, order then registered
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order from foreign court
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureBased on present circumstances of custodial and absent parents
Criteria for Review/AdjustmentFederal regulations are followed
Definition of Change of Circumstances
Increase in income, increase in need
Frequency With Which Reviews Are ConductedEvery year; upon request of AP, CP or guardian
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
SOUTH CAROLINA
A. STATE AT A GLANCE
Program OperationState-administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)4 divisions in State Office/Central Program Operations; Regional and County Operations including 5 Regional Offices; Financial Services; and Management Support
Type of Agencies with Cooperative Agreements46 Cooperative Agreements with county clerks of court; 31 Cooperative Agreements with county sheriffs
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; upon request, most judges will order an obligor to continue to pay ongoing support until child graduates from high school
Statutes of Limitation
• Collection of Past Due Support
Laches applies
• Paternity EstablishmentChild's 18th birthday
•DormancyLaches applies and is determined on a case-by-case basis; usually must show attempts to locate and serve
GuidelinesIncome shares based on gross income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through rule to show cause, liens and wage withholding
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentDiscretionary with court
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteNo
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Motor Vehicles; Electronic Parent Locate Network (includes SC, NC, GA, FL, TN, KY, OH, VA, MS, and AL databases); Federal Parent Locate Service; Employment Security Commission
Certification/Notarization
• Uniform Support Petition
Certification by signature of agency official
•General Testimony for URESACertification by signature of custodial parent
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitCertification by signature of custodial parent
•Other DocumentsMust have judge's certificate and certified copies of order(s); financial declaration of custodial parent must be signed and notarized
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding by statute (commonly referred to as wage withholding)
Included IncomeWages, salary, commissions, compensation as independent contractor, worker's compensation, disability annuity andretirement benefits
Fee Charged by EmployersUp to $3.00 per withholding
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresMust have order for support providing for periodic ongoing payments and including payment of arrearage or reimbursement; clerk initiates procedures by mailing notice of delinquency to which obligor may respond; NOTE: For all Title IV-D cases issued or modified after 11-1-90, wages subject to immediate withholding
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 copy of support order and certified, signed arrears statement and 1 copy of the income withholding laws of the initiating and rendering States
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresOnce pleadings filed and defendant served, case is handled in court like any interstate case; if defendant denies paternity, blood tests are coordinated with initiating State; SC does not obtainvoluntary agreements; all paternity matters are finally adjudicated by a judge even if judge does no more than approve an agreement
Consent Orders ObtainedNo
Presumption of Paternity Standard Based on Test ResultsNo
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageYes; determined on a case-by-case basis considering the following factors:
1.Do the parties live together?
2.Hold themselves out to others as husband and wife?
3.Have children?
4.Use the man's last name?
5.File taxes jointly?
Documents Required in Addition to Mandated Forms and Number of Copies Needed3 copies each of transmittal, certificate of judge, petition, testimony, URESA laws, certified payment history if reimbursement requested
Putative Father's Name on Birth CertificateOnly legal father named
Personal Appearance of Witness or Custodial Parent RequiredYes; sometimes, not usually in a URESA case but may be necessary in extraordinary circumstances
Acceptable Methods of TestimonyDeposition; affidavit
Genetic Testing Contact Point
SC coordinates blood testing with Roche Biomedical Laboratory
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsChain of custody properly presented, photos, appropriate signatures
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
Yes; contact Regional Office
Yes; contact Regional Office
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial
Interstate ProceduresPleadings filed, defendant served with pleadings which include summons to court; agreement attempted prior to hearing which must be put on record; if no agreement reached, judge tries case
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health care for the child; child care costs; CP's net income/assets; AP's gross income/assets; alimony and child support
Criteria for RebuttalNo
Public Assistance History RequirementsCertified monthly and grand total
Contact Point for Public Assistance HistoryChild Support Enforcement Division
Financial Services Branch
P.O. Box 810
3150 Harden St.
Columbia, SC 29202-0810
(803) 737-3134
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of prior orders (if applicable) and affidavit of arrearage (if applicable)
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementRule to show cause/wage withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed Transmittal, affidavit of arrearage (if applicable), existing order(s), URESA laws
Contact Point to Obtain Payment RecordsChild Support Enforcement Division
Financial Services Branch
P.O. Box 810
3150 Harden St.
Columbia, SC 29202-0810
(803) 737-3134
Contact Point to Obtain Copy of OrderChild Support Enforcement Division
P.O. Box 810
3150 Harden St.
Columbia, SC 29202-0810
(803) 737-5865
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedurePleadings filed, defendant served with pleadings which include summons to court; agreement attempted prior to hearing which must be put on the record; if no agreement reached; judge tries case
Documents Required in Addition to Mandated Forms & Number of Copies NeededTransmittal, affidavit of arrearage (if applicable), existing order(s), URESA laws
Registration ProcedurePleadings filed with Clerk; notice to obligor giving 20 days to move to vacate registration; if no such motion, clerkrecords in registry book and proceeds with enforcement
Documents Required in Addition to Mandated Forms & Number of Copies Needed Transmittal, 3 certified copies each of order and all modifications, arrearage affidavit, URESA laws, statement of facts verified and signed by obligee showing address of obligor, total arrearage amount, description and location of obligor's property, list of States where order is registered.
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureReview conducted at request of either parent or other IV-D agency
Criteria for Review/AdjustmentUpon request or when we identify a case which should be reviewed; often we will get information at rule hearings about income which suggest review is in order
Definition of Change of Circumstances
Case-by-case determination
Frequency With Which Reviews Are ConductedUpon request of AP, CP or guardian; on review of case by Child Support Specialist or attorney where AP's circumstances have changed
Documents Required in Addition to Mandated Forms & Number of Copies NeededMust state reason for request for modification
SOUTH DAKOTA
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)6 circuit offices and 2 satellite offices
Type of Agencies with Cooperative AgreementsUnified judicial system and IV-D prosecutors
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; 19 if child attending secondary school
Statutes of Limitation
• Collection of Past Due Support
6 years if not reduced to judgment and 20 years if reduced to judgment
• Paternity Establishment18
•DormancyNone
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through execution of judgments and income withholding
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentNo retroactive modification allowed
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under State Plan No
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesAFDC and Food Stamps, Energy Assistance, Driver's License, Vehicle Registration, Big Game License, Job Service, Employment Wages, Unemployment Benefits, National Guard and Prison Inmate Lists
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryNotarization by Notary Public or certification by court official
•Public Assistance HistoryNotarization by Notary Public or certification by court official
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsStipulations and Agreements: notarization by Notary Public
B. INCOME WITHHOLDING
Income Withholding TerminologyOrder for Withholding of Income (OWI)
Included IncomeWages, salary, commissions bonuses, compensation, disability, annuity and retirement benefits; gifts or inheritances, all gain derived by capital or labor, profit gained from sale or conversion of capital assets; personal property; money; and credits on deposit with, or in possession of, any person or entity
Fee Charged by EmployersNot allowed by law
Arrearages through Income WithholdingYes; not less than 10% of the order for support
ProceduresDepartment of Social Services, Child Support Enforcement Services serves theemployer when (1) order specifies immediate withholding of income or (2) after service of notice of delinquency on obligor when delinquent in support payments.
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNone defined, generally utilize Federal interpretation
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCopy of support order; affidavit of arrearages; assignment of rights in AFDC IV-D cases; power of attorney or copy of IV-D application for services in non-AFDC IV-D cases
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresAction filed in county in which putative father resides; upon service, he may voluntarily enter into stipulation and agreement which is converted to court order; if paternity contested, blood tests ordered and if case cannot be settled, trial to court or jury
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityNo
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed1 copy each of paternity questionnaire and financial statement
Putative Father's Name on Birth CertificateNo
Personal Appearance of Witness or Custodial Parent RequiredNo; unless matter proceeds to trial
Acceptable Methods of TestimonyWritten testimony; deposition testimony; personal testimony
Genetic Testing Contact Point
Local child support enforcement office arranges blood tests; Genetic Design, Inc., is presently used
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsPhotos, affidavits, stipulations for admissibility and documents establishing proper chain of custody and necessary foundation (reliability, etc.)
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
No
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessAbsent parent served with Notice of Support Debt; if financial information available, court order obtained based on shared income; with no financial information, default order obtained based upon ADC Needs Standards
Interstate ProceduresAbsent parent served with Notice of Support Debt; if financial information is available, court order obtained based on shared income; with no financial information default order obtained based upon ADC Needs Standards
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; second family involvement; Federal income tax dependent deduction; custody and visitations arrangements; for agreements entered prior to 7/1/86, when debts or property were exchanged for child support, voluntary acts which reduces a parent's income
Criteria for RebuttalSupport is based upon proportionate share of both parent's combined net incomes. It is presumed that each parent is capable of earning minimum wage, except in cases of physical or mental disability
Public Assistance History RequirementsMonthly
Contact Point for Public Assistance HistoryLocal SD OCSE office that referred case to responding state
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 copy each of notarized financial statement of custodial parent and certified or notarized affidavit of arrearages
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes; must apply for IV-D services in resident State
Preferred Method of EnforcementInterstate transmittal
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 copy each of affidavit of arrears and certified copy of court order
Contact Point to Obtain Payment RecordsLocal SD OCSE office that referred case to responding state (IV-D); county Clerk of Courts (non-IV-D)
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 copy each of authenticated copy of foreign judgment and affidavit of creditor with name and post office address of debtor and creditor
URESA ProcedureSD will enforce another State's orders; if employment is known, initiating State should use Interstate Transmittal
Documents Required in Addition to Mandated Forms & Number of Copies NeededSD law requires 1 copy of initiating State statutes, and 3 certified copies of all prior support orders and modifications
Registration ProcedureForeign support order registered with Clerk of Court's Office; notice given to obligor; once registered, order can be enforced in same manner as any other support order
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of support order and any modifications; 1 copy of URESA of State where order made; 1 certified statement signed by obligee showing post office address of obligee, last known address of obligor; amount of unpaid support; description and location of anyproperty of obligor; and list of States where order registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureIf a SD order, either party may file Petition for Modification of Child Support, send to: OCSE, Modifications Section, 700 Governors Drive, Pierre, South Dakota, 57501; petition forwarded to Clerk of Courts in county of order; circuit judge appoints referee who schedules hearing and recommends order for support to circuit court; if no objection, court enters order within 10 days; if objections, court sets hearing date and enters order after hearing
Criteria for Review/Adjustment30 months from date the order was entered or most recent review conducted for IV-D AFDC cases
Definition of Change of CircumstancesFor orders entered after 7-1-89, change of circumstances required, but not defined
Frequency With Which Reviews Are Conducted30 months
Documents Required in Addition to Mandated Forms & Number of Copies Needed
1 copy each of divorce decree or order for support and notarized financial statement
TENNESSEE
A. STATE AT A GLANCE
Program OperationState administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)30
Type of Agencies with Cooperative AgreementsAgreements with local District Attorneys, Juvenile Courts, and private attorneys
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18; unless child is still in high school; in such cases, emancipation occurs when child graduates from high school, or when class child is in when he/she turns 18 graduates
Statutes of Limitation
• Collection of Past Due Support
10 years after date child support was last owed
• Paternity EstablishmentUp to one year after child reaches age of majority
•Dormancy
GuidelinesObligor net income
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, all methods used to collect current support can be utilized to collect arrearages with exception of IRS Tax Offset Program
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to JudgmentIf an arrearage is owed under court order, collection of that arrearage can be pursued, including portion of arrearage owed as unreimbursed public assistance
Recovery of Costs for Initiating StateNo
Recovery of Costs Elected Under State PlanNo
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Safety (Driver's License Information); Department of Employment Security (Wage Information); Department of Human Services (Public Assistance records)
Certification/Notarization
• Uniform Support Petition
Certification by signature of court official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryNotarization by Notary Public or certification by signature of court official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding or Income assignment
Included IncomeWages, salaries, commissions, pensions, annuities, and other income due or to be due.
Fee Charged by EmployersUp to 5% of deducted amount not to exceed $5.00 per month
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresWhen request for income assignment isreceived, court clerk issues Advance Notice of Income Assignment to obligor; if obligor does not contest assignment, Order of Income Assignment is sent to employer for implementing; if obligor contests procedure, court hearing is scheduled
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 certified copies of Notice and Order of Income Assignment; 3 certified copies of original child support order and all modifications; 3 copies of statements (affidavits) of arrears (may be notarized instead of certified); 3 copies of initiating State's withholding law
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresStandard URESA procedures followed; if alleged father does not admit paternity, blood tests may be ordered
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo; although common law marriages are not recognized by TN, if common law marriage is recognized in State in which it was contracted, it will be recognized in TN
Documents Required in Addition to Mandated Forms and Number of Copies Needed
Although not required, any evidence (i.e. letters, pictures, cards, etc) which substantiate mother's claim may be attached to petition
Putative Father's Name on Birth CertificateOnce order of paternity established on IV-D cases, order is submitted to Vital Records Division of Department of Health and Environment; new birth certificate is issued reflecting father's name; no charge for this service on IV-D cases
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyAlthough standard Paternity Affidavit is generally all that is necessary, interrogatories may be required in certain cases
Genetic Testing Contact Point
Blood testing scheduled through local child support office; several blood testing labs used
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsAt time of blood testing, photos of parties taken, identification (i.e. driver's license) checked, fingerprints taken and parties sign affidavits stating they are the parties involved, all of which is submitted to court
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
No
No
D. SUPPORT ORDER ESTABLISHMENT
ProcessTN does not have administrative process; all cases brought before judge or referee
Interstate ProceduresStandard URESA petition required for establishment of support order
Considered for Setting Support Under GuidelinesAP's gross income/assets (award is based on a flat percentage of net income as defined by statute; gross income is needed to make this calculation); AP's self support reserves
Criteria for RebuttalCost of providing health insurance for the child; time spent with the AP; extraordinary educational or medical expenses; any other extraordinary expenses for the child could justify additional support; foster care of the children; extraordinary net income of the obligor
Public Assistance History RequirementsMonth-by-month breakdown generally required
Contact Point for Public Assistance HistoryTN Central Registry
Citizen's Plaza Building, 12th Floor
400 Deaderick St.
Nashville, TN 37248
(615) 741-2441
Documents Required in Addition to Mandated Forms & Number of Copies NeededStandard URESA Petition
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateNo
Preferred Method of EnforcementIf non-custodial parent is employed, Income Assignment Order can be requested; if unemployed, URESA Petition preferred
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
Contact Point to Obtain Payment RecordsTN Central Registry
Citizen's Plaza Building, 12th Floor
400 Deaderick St.
Nashville, TN 37248
(615) 741-2441
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureWhen pleadings are received by Court Clerk, case is docketed and set for hearing; respondent notified by service of process and given copy of petition; Local IV-D office acts as petitioner's representative at hearing; initiating jurisdiction advised of hearing date and all action taken on case
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Registration ProcedureOnce request for registration of foreign decree is received by Clerk of Court, Clerk registers decree by recording order in registry specifically maintained for foreign decrees; when decree is entered into register, it has full force and effect as order of TN and is subject to available enforcement remedies
Documents Required in Addition to Mandated Forms & Number of Copies Needed List of any other States in which court order is registered; 1 certified copy of original support order and all modifications; affidavit of arrears
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureStandard URESA Petition should be completed; when received, it is handled as any other URESA petition
Criteria for Review/Adjustment
Active IV-D case must exist in the district; order must be a valid TN support order; 3 years must have elapsed since the entry of the child support order or the most recent filing of a petition to modify the order; the obligor's location is known; material change of circumstances must not be voluntary or temporary
Definition of Change of CircumstancesTN statutes use broad term "substantial and material change in circumstances" which must be proven to justify upward modification
Frequency With Which Reviews Are ConductedEvery 3 years
Documents Required in Addition to Mandated Forms & Number of CopiesNeeded
Although completion of standard income and expense affidavit required, any otherdocuments which substantiate custodial parent's claim should be attached
TEXAS
A. STATE AT A GLANCE
Program Operation
State-administered
Number of Local Offices (excluding Agencies under Cooperative Agreements)58
Type of Agencies with Cooperative AgreementsCooperative agreements reached with limited number of county offices; these agreements do not affect incoming interstate cases at this time; TX also has court masters in larger counties
Reciprocity With Tribal Entities No, but this is under review
Age of Majority for Termination of Support18; court may extend this until child graduates from high school or in case of mental or physical disability
Statutes of Limitation
• Collection of Past Due Support
4 years after date of emancipation for judgment or income withholding order; this process can be repeated every 4 years until delinquency paid 6 months from date of emancipation for contempt action;
• Paternity Establishment2 years after date of emancipation
•Dormancy10 years after date support due
GuidelinesPercentage of obligor's net disposable income
Arrearage Collections on Behalf of Non-minor Child(ren)Yes, we will enforce the custodial parent's order through income withholding, court-ordered judgment, contempt, subject to the statute of limitations
Pursuit of Unreimbursed Assistance (URA)Yes; general statute of limitations allows debt to be collected for 4 years after it isincurred
Limitations on Reducing URA to JudgmentYes, general statute of limitations allows debt to be collected for 4 years after it is incurred; TX will attempt to collect entire amount of unrecovered assistance
Recovery of Costs Elected Under State Plan Texas recovers the cost of genetic testing and attorney's fees from the non-custodial parent
Recovery of Costs for Initiating StateYes, genetic testing
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesUnemployment information, Department of Employment Information, Public Assistance Records, Department of Public Safety (DPS)
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryNotarization by Notary Public
•Public Assistance HistoryNotarization by Notary Public or state seal
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsCertified copy of original order; certified copy of all modifications; certified copies of pay record; certified and/or notarized statement of public assistance payment history
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding or wage withholding
Included IncomeCompensation paid or payable for personal services, whether denominated as wages (regular and overtime), salary, commissions, bonuses, or otherwise, and includes periodic payments pursuant to pension, disability and retirement program and unemployment benefits
Fee Charged by EmployersUp to $5.00 per month; optional for employer; not deducted from child support amount, but non-custodial parent's remaining portion of net pay
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresUnder TX judicial income withholding process, all new orders and motions to enforce include income withholding; if existing order does not include income withholding, and past-due support equals equivalent of 1 month's total support, and non-custodial parent is employed, TX administrative process available; process requires giving notice of delinquency to non-custodial parent and opportunity to contest limited to facts of case; non-custodial parent must file motion to stay within 10 days of receipt of notice; if non-custodial parent fails to file motion to stay within allotted time, employer is served copy of writ of withholding
Enforcement of Another State's Order
Against Income/Assets When Obligor
Does Not Reside in Your State Yes
Good Cause Criteria as Exception to
Immediate Withholding No
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of the original order and any modifications; certified copy of an order withholding income, if any, still in effect; copy of ordering State's income withholding statute which states requirements for obtaining incomewithholding in that State; sworn statement of obligee or certified statement of agency of any arrearages and assignment of support rights; statement which includes name, address, and Social Security number of obligor; name and address of employer or of any other source of income derived in TX against which income withholding is sought; name and address of agency or person to whom support payments collected by income withholding shall be transmitted
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresWill accept stipulated paternity, paternity by default and in contested suits paternity established by rebuttable presumption of paternity; absent parent contacted to obtain voluntary acknowledgment of paternity and stipulation or absent parent is served with pleading and requested to voluntarily acknowledge paternity; court orders genetic testing in cases of contested paternity; court makes finding of paternity based on stipulation or evidence presented, paternity testing using HLA or DNA tests
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes; 95% or greater probability of exclusion
(95% of male population would be excluded)
Marriage as Presumption of Paternity
Other Statutory Presumptions
Yes
Yes, Section 12.02 of the Texas Family Code outlines this in detail
Recognition of Common Law MarriageYes; standard definition for common law marriage in TX must meet all 4 of the following conditions: parties must be free to marry; there must be an agreement to be married and live together; parties must be living together as husband and wife; parties must have held themselves out to community as husband and wife, or parties executed and registered a declaration of common law marriage with the county clerk, and an action based on common law marriage is filed within 1 year of separation or by 8-31-90, whichever is later; if there is any doubt about common law marriage, paternity is pursued
Documents Required in Addition to Mandated Forms and Number of Copies NeededIf available, send any support evidence of paternity, cards or letters in which alleged father admitted paternity, alleged father signed birth certificate, executed statement of paternity, payment of custodial parent's medical bills during pregnancy
Putative Father's Name on Birth CertificateFather may voluntarily sign prior to court proceedings; after court proceedings proving paternity, name will be listed and mother may obtain new certificate of birth including his name and name change for child; if child was born in TX, mother can obtain a new birth certificate from Bureau of Vital Statistics; currently $33.00 charged for this service
Personal Appearance of Witness or Custodial Parent RequiredOccasionally, but not on routine basis
Acceptable Methods of TestimonyWritten deposition; video deposition; occasional teleconferencing
Genetic Testing Contact Point
Depends on location of local field office;judge orders which lab will be used for testing
Documentation Required for Admissibility of Genetic Testing Results
Signed and verified document from paternity testing laboratory as to the truth of matters it contains
Recovery of Genetic Testing Costs for
Other States Yes
Assistance to Other States Using Their
Long-Arm Statutes:
Service of ProcessYes, Interstate Central Registry staff can assist if direct efforts are negative. Interstate Central Registry staff may refer the request to a local field office for additional assistance.
Genetic Testing Yes, Interstate Central Registry staff can assist. The request may be referred to a local field office for additional assistance.
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial process
Interstate ProceduresSupport order established by court based on TX child support guidelines
Considerations in Setting Support
Under GuidelinesCriteria for establishing support: cost of providing health insurance for the child; CP's net income/assets; AP's net income/assets. May be considered in addition to the others, if circumstances warrant: Special medical needs of the child; child care costs; age of child; AP's gross income/assets; AP's self support reserves; and second family involvement
Criteria for Rebuttal That the application of theguidelines would be unjust or inappropriate under the circumstances; Texas Family Code Sections 14.05 and 14.057 provide extensive explanation
Public Assistance History Requirements
Monthly
Contact Point for Public Assistance HistoryInterstate Central Registry; staff will research and submit a request for payment history to the Department of Human Services.
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of petition and its certificate; 1 copy of initiating State's RURESA law; public assistance payment history, if applicable; statement from mother of child that contains name of obligor and, so far as known, address, Social Security number, circumstances of obligor and persons for whom support is sought and all other pertinent information; information about the obligor such as color of eyes and hair, height and weight, distinguishing marks, other names or aliases, name of employer (include photo if possible)
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes; obligee may be required to appear in court and respond to counter-claims unless its a RURESA order; if RURESA process or income withholding only, then appearance is not needed
Preferred Method of EnforcementAdministrative income withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed Certified copy of the Texas support order including all modifications; pay record; affidavit of direct payment; copy of notice of assignment with request to enforce; TXwill attempt action to enforce existing TX order; may be necessary to request initiating State to complete URESA package in some instances
Contact Point to Obtain Payment RecordsClerk of Court in the county that payments are ordered to be paid; (Interstate Central Registry staff can offer assistance if requests to the county are not honored); Office of the Attorney General, Collections and Distribution staff provide state registry payment information
Contact Point to Obtain Court OrderClerk of the Court in the county that issued the order; (Interstate Central Registry staff can offer assistance if requests to the county are not honored)
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 certified copy (original and 2 copies) of order with all modifications; 1 copy of reciprocal enforcement act of State which issued order; statement verified and signed by obligee showing post office address of obligor and last known place of residence, amount of support remaining unpaid, description and location of any property obligor owns; list of States in which judgment is registered
URESA ProcedureUpon receipt of case from interstate central registry, field office verifies or completes location information on non-custodial parent; when non-custodial parent is located and all necessary documents received, child support officer prepares case for court; in most areas,child support officer sends non-custodial parent a letter, after service of documents, offering an appointment to negotiate all matters and avoid court hearing; if non-custodial parent does not keep appointment or if agreement cannot be reached, court date is kept
Documents Required in Addition to Mandated Forms & Number of Copies NeededCertified statement of arrearages (original and 2 copies); certified copy of court order; copy of initiating State's URESA laws; verified statement of obligor's address
Registration ProcedureOrder first registered and then obligor has 20 days after notification to contest registration; registered order treated as a TX support order
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies each of: certified copy (original and 2 copies) of support order with all modifications, URESA laws of State in which order was made, statement verified and signed by obligee showing post office address of obligor and last known place of residence, amount of support remaining unpaid, description and location of obligor's property and list of States in which order has been registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureCourt may consider child support guidelines to determine whether there has been material and substantial change in circumstances that warrants modification of existing order; if current amount of child support not in substantial compliance with child support guidelines, this may warrant modification; best interest of child is primary concern whenever modification considered
Criteria for Review and AdjustmentBoth parents must be located; a Texas or foreign order must exist; after calculating disposable income of the NCP and comparing it to the Texas child support guidelines, there must be a 30% deviation with a minimum of $50.00 per month, from the current child support order; or medical insurance is needed and is available at reasonable cost to the NCP
NOTE: Until final interstate review adjustment regulations are published, Texas will not process review and adjustment requests for interstate cases.
If the custodial parent resides in another State, but has a Texas order, a RURESA action can be initiated. Texas will then obtain a new order based on the Texas guidelines.
The procedures outlined here address only those cases where the custodial parent and the child support order are in Texas.
Definition of Change of CircumstancesMaterial and substantial change in circumstances since the prior order; however, an increase in needs, change in standard of living, or change in lifestyle of obligee does not warrant increase in child support order; if amount of child support specified in last order is not in substantial compliance with TX child support guidelines, modification may be in order
Frequency with Which Reviews are ConductedIn IV-D cases, upon request of the AP, CP or guardian; IV-D agency will review cases with assigned arrears through normal case processing procedures.
Documents Required in Addition to Mandated Forms & Number of Copies NeededStandard URESA package required; in addition, include any documents that support claim in request for modification, such as doctor's statement of medical condition or medical bills; if the currentorder is substantially lower than child support guidelines, statement as to facts of previous order compared to proposed current order must be
included; if substantial change is based on increase in non-custodial parent's income, provide documentation of income at time existing order was established and current income; require 3 copies of any document submitted
UTAH
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)6 regional offices serving 29 counties
Type of Agencies with Cooperative AgreementsAttorney General's Office
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support18, unless court orders otherwise
Statutes of Limitation
• Collection of Past Due Support
8 years
• Paternity EstablishmentChild's 18th birthday; 4 year statute of limitations on back support in paternity
•DormancyStatute of limitations stops running on UT judgments when absent parent moves out of UT
GuidelinesIncome shares based on UT's statutory formula
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through income withholding, judicial action, administrative enforcement, tax intercept
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes; may not be possible on all cases if support order obtained and reimbursement not addressed at that time and recovery is sought later
Recovery of Costs Elected Under State PlanYes; but not on interstate cases;costs recovered from obligee
Recovery of Costs for Initiating StateYes; costs of genetic testing, some Medicaid, delivery/pregnancy-medical expenses if known
State Income TaxYes
Long-Arm Paternity StatuteYes; if child conceived in UT
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes; if parties resided together in a marital relationship in UT, or there is a UT order for support
Automated Locate ResourcesJob Services, Public Assistance, Worker's Compensation, Credit Bureau, FPLS, IRS; access to but not routinely automated: DMV, NLETS, Adult Parole and Probation, criminal, utilities
Certification/Notarization
• Uniform Support Petition
Certification by signature of court official
•General Testimony for URESACertification by signature of agency official
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitCertification by signature of agency official
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding
Included IncomeEarnings or compensation paid or payable for personal services whether denominated as wages, salary, commissions, bonuses, or contract payment, or otherwise; includes income derived from capital assets, pension,retirement, or insurance policies, unemployment compensation, and workers' compensation benefits
Fee Charged by Employers$10.00 per month
Arrearages through Income WithholdingYes, UT can withhold up to 50% of net pay per month; ongoing support is credited first, balance applied to arrears
Interstate Income Withholding ProceduresImmediate income withholding orders implemented upon receipt; income withholding orders requiring delinquency implemented after delinquency equal to 1 month's current support accrues; support orders with no order for issuance of income withholding require advance notice to absent parent after delinquency occurs; if absent parent resides in another State but is employed in UT, initiating State must provide income withholding order or proof of service of advance notice regarding income withholding
Enforcement of Another State's Order Against
Income/Assets When Obligor Does Not Reside in
Your StateYes
Good Cause Criteria as Exception to Immediate
WithholdingYes; no previously ordered support is past; obligor has obtained a bond, deposited money in a trust, or made other arrangements to guarantee support for at least 2 months; and obligor has arranged to deposit support payments into a checking account, or arranged to pay reliable and independent record keeper
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed
Certified copy of support order, month-by-month statement of arrearages
C. PATERNITY
Uniform Parentage Act
Yes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresUT does not have administrative process to establish paternity; absent parent is contacted to obtain voluntary acknowledgment (consent orders); if paternity is contested, referral is made to UT's Attorney General's office to serve summons and complaint and pursue matter through district court; UT prefers to go through Genetic Design Labs for HLA genetic testing
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes
Marriage as Presumption of Paternity Yes
Other Statutory Presumptions
Recognition of Common Law MarriageNo
Yes; has no effect on child support obligation; paternity must still be legally established; determination of common law marriage must be made during relationship or within 1 year after its termination
Documents Required in Addition to Mandated Forms and Number of Copies NeededStandard interstate forms sufficient
Putative Father's Name on Birth CertificateFather must provide written consent to have his name included on birth certificate; matter handled by Bureau of Vital Statistics, not by IV-D agency
Personal Appearance of Witness or Custodial Parent RequiredNot usually required, but may be necessary in some cases
Acceptable Methods of TestimonyDepositions and interrogatories
Genetic Testing Contact Point Workers in each of the 6 offices coordinate testing
Recovery of Genetic Testing Costs for Other States
Documentation Required for Admissibility of Genetic Testing ResultsYes
Lab results of 95% or higher probability and document prepared by lab verifying chain of custody of tissue samples
Assistance to Other States Using Their
Long-Arm Statutes
Service of Process No, contact local UT sheriff's office directly
Genetic TestingNo, contact Genetic Design Lab directly to arrange for draw site in UT
D. SUPPORT ORDER ESTABLISHMENT
Process
Administrative process
Interstate Procedures
Considered for Setting Support Under Guidelines Administrative notice served; support amounts determined by UT's mandatory guidelines; order obtained by stipulation, participation, default; hearing; abstracted in district court
Cost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; AP/CP income can be imputed or based on historical earnings if unable to verify present income
Criteria for Rebuttal
Public Assistance History Requirements
Contact Point for Public AssistanceHistory
Amount would be unjust, inappropriate, or not in the best interest of the
Month-by-month breakdown with grand total
If interstate case exists, contact appropriate Regional office; if no case exists, contact Central Registry at (80l) 538-4676
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Transmittal only required; attach public assistance payment history and certified month-by-month computation of arrearages requested; indicate if AFDC or non-AFDC or spousal support; also include financial declaration of custodial parent
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another State
Yes; only if absent parent resides in UT
Preferred Method of EnforcementIncome withholding, administrative enforcement, judicial enforcement if case meets criteria for judicial action
Documents Required in Addition to Mandated Forms & Number of Copies Needed Transmittal only required; attach public assistance payment history and certified month by month computation of arrearages requested; indicate if AFDC or non-AFDC or spousal support.
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments Act
Yes; but UT gives all orders full faith and credit
Documents Required in Addition to Mandated Forms & Number of Copies NeededCertified copy of order and statement of arrearages claimed
URESA ProcedureAdministrative enforcement/income withholding can be done for orders issued in other States; URESA is only done when case meets criteria for judicial involvement or on paternity establishment cases
Documents Required in Addition to Mandated Forms & Number of Copies NeededDo not send a URESA on non-paternity cases unless specifically requested; when requested include 1 certified copy of support order and modifications along with standard URESA forms
Registration ProcedureYes, but registration is not UT's preferred enforcement remedy
Documents Required in Addition to Mandated Forms & Number of Copies Needed Certified copy of order and statement of arrearage claimed.
G. REVIEW AND ADJUSTMENT OF ORDERS
Procedure
Criteria for Review/Adjustment
Case must meet UT's criteria for change in circumstances; if appropriate, modification will be pursued either by voluntary stipulation or referral to UT's Attorney General's Office; UT's guidelines will be used in determining ongoing award
Material change in circumstance determined by court or 25% change between existing and new order under guidelines. Also, both parents should be located
Definition of Change of Circumstances
25% of difference for existing award to new award, or as courts determines A material change in circumstances from that which existed at time of original or most recent order; possible need formedical support provision and cost effectiveness factors
Frequency With Which Reviews Are Conducted
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Every 3 years; upon request of the AP, CP or guardian or other State, on non-AFDC cases
Send URESA attachments, include three certified copies of order and any modifications, public assistance payment history, month-by-month computation of arrears, and financial declaration completed by custodial parent
Out-of-State Orders: if original order is not a UT order, UT prefers that rendering state conduct review and award adjustment through continuing jurisdiction remedies
VERMONT
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative Agreements12
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support18; unless secondary education included in divorce order
Statutes of Limitation
• Collection of Past Due Support
None
• Paternity Establishment21
•DormancyNone
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes, laches
Recovery of Costs Elected Under State Plan No
Recovery of Costs for Initiating StateYes
State Income TaxYes
Long-Arm Paternity StatuteNo
Domestic Relations Long-Arm StatuteNo
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Employment and Training; Department of Motor Vehicles
Certification/Notarization
• Uniform Support Petition
Certification by signature of agency official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Wage withholding
Included IncomeWages, workers' compensation, unemployment compensation
Fee Charged by EmployersMay charge $5.00 per month under statutes
Arrearages through Income WithholdingYes, up to 25% of current amount
Interstate Withholding ProceduresCentral Registry receives request; verifies address and employment; sends notice to obligor; giving 20 days to contest; income garnishment issued to employer
Enforcement of Another State's Order
Against Income/Assets When Obligor Does
Not Reside in Your State Yes
Good Cause Criteria as Exception to
Immediate WithholdingYes, a history of financial responsibility towards the family or written agreement of both partiesto direct payment.
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified court order, financial affidavit
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresWritten acknowledgment sufficient, support may be sought at this point; if written acknowledgment cannot be obtained or is subsequently contested, VT will take necessary steps to obtain genetic testing of the natural parent, putative parent, and child, first via contract, but if a party is non-cooperative, court order compelling tests may be obtained; motion for court-ordered tests requires affidavit
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsYes, failure to submit to court ordered genetic tests creates a rebuttable presumption of paternity
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of CopiesNeeded
Assignment of rights/copy of State's direct assignment; paternity affidavit; financialincome affidavit; medical release form
Putative Father's Name on Birth CertificatePutative father's name not currently required; proposed legislation exists which will require both parents to sign and file an acknowledgment form with Department of Health within 10 days of child's birth
Personal Appearance of Witness or Custodial Parent RequiredOnly in contested ones as ordered by the court
Acceptable Methods of TestimonyA defendant who does not file an answer may enter an appearance in writing, and may thereupon be heard on issues of child custody, visitation and support
Genetic Testing Contact Point
Blood Testing Clerk
Office of Child Support Legal Unit
103 S. Main Street
Waterbury, VT 05676
Recovery of Genetic Testing Costs for
Other States
Documentation Required for Admissibility of Genetic Testing ResultsNo, not routinely awarded
Affidavits; technician as witness if case goes to jury trial, laboratory expert
Assistance to Other States Using Their
Long-Arm Statutes
Service of Process Yes
Genetic Testing Yes
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial
Interstate Procedures
Considered for Setting Support Under
GuidelinesIV-D petition with VT's Interstate Assignment of Rights; absent parent's last known address
Special medical needs of the child; cost ofproviding health insurance for the child; child care costs; CP's household expenses; CP's gross income/assets; CP's net income/assets; AP's gross income/assets; AP's net income/assets; AP's self support reserves; and second family involvement
Public Assistance History Requirements
Contact Point for Public Assistance HistoryMonthly accounting
Customer Service Unit
Office of Child Support
103 South Main Street
Waterbury, Vermont 05671
1-800-786-3214
Documents Required in Addition to Mandated Forms & Number of Copies NeededCertified affidavit of arrearage
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementIV-D enforcement
Documents Required in Addition to Mandated Forms & Number of Copies Needed Court order, arrears affidavit
Contact Point to Obtain Payment Records Customer Service Unit
Office of Child Support
103 South Main Street
Waterbury, Vermont 05671
1-800-786-3214
Contact Point to Obtain Court Order Same as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureMonitored by Central Registry office and enforcement action handled by legal staff member
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies each of court order, affidavit of arrears, and URESA statutes
Registration Procedure
Send documents to Central Registry, filed with Family Court; notice to respondent, with 20 days to contest; if respondent does not move to vacate, order confirmed and enforced as if a VT order
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies each of court order, affidavit of arrears, and URESA statutes
G. REVIEW AND ADJUSTMENT OF ORDERS
Procedure
Motion filed in Family Court
Criteria for Review and Adjustment 10% change in guidelines amount
Definition of Change of Circumstances10% change in guidelines amount from time order was most previously modified
Frequency With Which Reviews Are ConductedEvery 3 years; upon request of the AP, CP or guardian
Documents Required in Addition to Mandated Forms & Number of CopiesNeeded
Client's financial affidavit with last 4 pay stubs, last 2 years for returns, URESApackage with 3 copies of original order
VIRGINIA
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)4 regional offices and 17 district offices
Type of Agencies with Cooperative AgreementsLegal Services: Office of the Attorney General and County or City Commonwealth Attorneys; locate information: Virginia Employment Commission, Division of Motor Vehicles; Department of Taxation, Department of Lottery, Department of Corrections, Department of Commerce; and credit reporting agencies; others: Department of Medical Assistance Services and Electronic Parent Locator Network
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support18; unless child is handicapped or otherwise incapacitated from earning a living; until age 19 if child is regularly attending secondary school or equivalent level of vocational/technical training; is not self-supporting and is living in the home of the parent seeking or receiving support; or when ordered by a court.
Statutes of Limitation
• Collection of Past Due Support
No
• Paternity EstablishmentNo
•DormancyNo
GuidelinesIncome shares based on the combined gross income of both parents
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, on behalf of a child who is not a minor when a support obligation was established prior to the child's 18thbirthday; VA has both administrative and judicial enforcement remedies, including but not limited to:
•Withholding of earnings (administrative and judicial)
•Garnishment
•Military Allotment
•Seizure and Sale
•Judgments and Liens
•Orders to Withhold and Deliver
•State Income Tax Refund Intercept
•Show Cause/Contempt of Court
•Civil URESA
•Reports to Credit Reporting Agencies
Pursuit of Unreimbursed Assistance (URA)Yes, in the absence of a court or administrative order for support
Limitations on Reducing URA to JudgmentNo
Recovery of Costs Elected Under State PlanYes; from obligor
Recovery of Costs for Initiating StateYes, the IV-D attorney can request court to order obligor to pay costs; once ordered, VA seeks recovery
State Income TaxYes
Long-Arm Paternity StatuteYes, judicial only
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes, both administrative and judicial to enforce and administrative to establish
Automated Locate ResourcesDivision of Motor Vehicles; VA Employment Commission; Department of Taxation; Electronic Parent Locator Network; VA Department of Personnel and Training; National Personnel Records Center; Statewide Credit Reporting Agencies
Certification/Notarization
• Uniform Support Petition
Certification by signature of court official
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryCertification by signature of court official
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsCopy of administrative order: Certification by signature of court official
Copy of court order: Certification by signature of court official
B. INCOME WITHHOLDING
Income Withholding Terminology
Included Income
Administrative: Mandatory Withholding of Earnings; Judicial: Immediate Withholding of Earnings; Mandatory Payroll Deduction Order and Immediate Payroll Deduction Order
Earnings means current or future compensation paid directly to the AP, deposited with another entity in behalf or traceable to the AP, or payable to the AP for personal services, whether denominated as wages, salary, commissions, bonuses, or otherwise, and specifically includes periodic payments currently being made by the AP pursuant to a pension or retirement program, unemployment compensation benefits, debts owed the AP and may income or profits due the AP from any source including gambling, lotteries, prizes, or any other windfall or other payment of any type, except where excluded by state or Federal law.
Fee Charged by Employers$5.00 per deduction or response
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresVA uses administrative process for majority of income withholding actions; process can be used on legally establishedadministrative or court orders whether issued by VA or another State; absent parent is given notice of proposed withholding and opportunity to appeal; appeals first heard by administrative hearings officer; absent parent then has right to appeal hearings officer's decision to court; when the withholding notice is sent to employer, a copy is also sent to absent parent; Division is the only one who can release or modify the withholding action; court can order mandatory or immediate payroll deduction, independent of DCSE's administrative process
Enforcement of Another State's Order Against
Income/Assets When Obligor Does Not Reside in
Your State Yes
Good Cause Criteria as Exception to Immediate
WithholdingYes; both parties agree to an alternative arrangement, or AP provides sufficient reason and the IV-D agency grants the exception.
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of court order and any modifications or copy of administrative order; certified statement of arrearage amount from court, or, if administrative order, IV-D agency
C. PATERNITY
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresVA uses administrative process first to establish paternity in interstate cases; effective 7-1-90, a paternity probabilitytest finding of at least 98% or a voluntary acknowledgment signed under oath by both parents have same legal effect as an adjudicated paternity; acknowledgments of paternity signed prior to 7-1-90 are covered under this provision
URESA civil procedures will continue to be used after 7-1-90 if putative father does not voluntarily acknowledge
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes, courts do not have an established percentage requirement, effective 7-1-90, cases handled administratively must have a 98% result to establish paternity
Marriage as Presumption of PaternityYes, but is rebuttable presumption
Other Statutory PresumptionsYes; an acknowledgment signed under oath by both parties.
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateA putative father's name cannot appear on a birth certificate. If a court adjudicates paternity or if the putative father acknowledges paternity, his name (the child's legal father) can be added. The child's last name is only changed with the mother's consent.
Personal Appearance of Witness or Custodial Parent RequiredIn civil URESA hearings, an expert witness may be required to appear to testify concerning paternity probability testing; custodial parent not required to appear
Acceptable Methods of TestimonyWritten affidavits from custodial parent accepted
Genetic Testing Contact Point
Recovery of Genetic Testing Costs for Other
States
Genetics & IVF is VA's contract vendor.
Yes
Documentation Required for Admissibility of Genetic Testing ResultsDocuments specified by testing laboratory, including photo identification, thumbprint, and photograph of parties
Assistance to Other States Using Their
Long-Arm Statute
Service of process Yes; Central Registry
Genetic Testing Yes; Central Registry
D. SUPPORT ORDER ESTABLISHMENT
ProcessAdministrative first; judicial only if necessary
Interstate Procedures
Considered for Setting Support Under
Guidelines
Division determines, based on case facts, whether to use administrative or judicial establishment; administrative process is same for interstate cases as for in-state cases; judicial process is URESA
Special medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; and second family involvement
Criteria for Rebuttal
Public Assistance History Requirements
Administratively: established obligations can be rebutted in multiple family cases. Also, if an absent parent is not satisfied with any obligation an appeal can be noted with ultimate decisions referred tocourt. Court: ordered obligations can encompass a variety of criteria
Monthly amounts with grant total
Contact Point to Obtain Public Assistance
History Central Registry (e.g. Interstate Unit)
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes, if VA has physical jurisdiction over AP or assets are located in VA
Preferred Method of EnforcementAdministrative
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
Contact Point to Obtain Payment Records Central Registry (e.g. Interstate Unit)
Contact Point to Obtain Court Order Same as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition toMandated Forms & Number of Copies Needed
None
URESA ProcedureVA uses RURESA (1968 version); only unusual modification is to registration provision; in VA, both obligee and obligor may register an order
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
Registration ProcedureVA uses RURESA (1968 version); only unusual modification is that both obligee and obligor may register an order; requirements for registering (forms and numbers of copies) comply with Model Act
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureCourt orders modified under URESA civil procedures; justification to support modifying must accompany request. Administrative orders modified with information to justify modification
Criteria for Review and Adjustment At the request of either party; at the request of another IV-D agency; when a default order was established and the AP provides financial information; for medical support; when required by legislation; findings, or as part of a special project
Definition of Change of Circumstances
Frequency With Which Reviews Are Conducted
Change of circumstance may mean, but is not limited to, the following situations: 1) change in gross income; 2) gain or loss ofemployment;
3) change in number of children living with family
Upon request of the AP, CP or guardian
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
VIRGIN ISLANDS
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)2
Type of Agencies with Cooperative AgreementsSESA, Bureau of Internal Revenue
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support18, unless full-time student engaged in graduate studies (includes accredited schools, vocational, college, etc.) or is enrolled and next term has not begun, then 22
Statutes of Limitation
• Collection of Past Due Support
None, unless no enforcement attempts have been made in 6 years
• Paternity EstablishmentNone
•DormancyNone
GuidelinesIncome sharing in relation to actual child expense
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through wage withholding, contempt, tax intercept (AFDC IV-D only)
Pursuit of Unreimbursed Assistance (URA)Yes, if arrearage under court order
Limitations on Reducing URA to JudgmentNo
Recovery of Costs Elected Under State PlanYes; limited to genetic test costs for both obligor and obligee
Recovery of Costs for Initiating StateNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Motor Vehicles, VI Employment Agency, Bureau at Internal Revenue
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of agency official
•Public Assistance HistoryCertification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding
Included IncomeWages, commissions, bonuses,unemployment compensation
Fee Charged by Employers$1.00 or actual cost of administration
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresNotices delivered to respondent and employer if respondent fails to make payments equal to 1 month's support obligation or either party requests income withholding; immediate if request modified in VI; need Certified Order and Arrearage
Enforcement of Another State's Order Against
Income/Assets When Obligor Does Not Reside in
Your StateNo; unless obligee reside in VI
Good Cause Criteria as Exception to Immediate
WithholdingYes; both parties agree to an alternative arrangement. Obligor made all past payments timely, and court finds good cause for alternative arrangement based on child's best interests
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededValid child support order and certified arrearage
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresWhen request received, file is established, number assigned, case filed in court; upon location of putative parent efforts to obtain consent order made; if not, hearing set; if paternity is denied, blood testsordered; following blood tests, efforts to resolve by consent renewed; if not possible, trial held
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes (rebuttable)
Other Statutory Presumptions No
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone
Putative Father's Name on Birth CertificateOnly upon authorized affidavit or court order establishing paternity; party must contact Vital Statistics and pay fee, unless fee waived by order
Personal Appearance of Witness or Custodial Parent RequiredNo, court may order depositions
Acceptable Methods of TestimonyNotarized original petition alleging paternity allowed at uncontested hearing; otherwise, depositions
Genetic Testing Contact Point
Recovery of Genetic Testing Costs for Other States
Department of Justice
Paternity and Child Support Office
48B-50C Kronprindens Gade
GERS Complex, 2nd Floor
St. Thomas, VI 00802
Yes
Documentation Required for Admissibility of Genetic Testing Results
Assistance to Other States Using TheirLong-Arm Statutes Service of process Genetic Testing
Fingerprints, expert testimony, chain of custody
Yes, IV-D Director
Yes, IV-D Director
D. SUPPORT ORDER ESTABLISHMENT
ProcessAdministrative (court-appointed hearing officer) or judicial
Interstate ProceduresPetition filed with territorial court or administrative hearing after seeking order
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's household expenses (limited to those for the child); CP's gross income/assets (mandatory deductions subtracted); and AP's gross income/assets (mandatory deductions subtracted)
Criteria for Rebuttal Income below poverty level; voluntary under or unemployment; non-traditional custody or visitation agreement, application unjust and not inconsistent with best interest of child
Public Assistance History RequirementsMonthly breakdown of grant amounts, number of children, names and birth dates of children claimed
Contact Point for Public Assistance Supervisor
PCSD - Dept of Justice
GERS Bldg.
St. Thomas, VI 00802
Documents Required in Addition to Mandated Forms & Number of CopiesNeeded
Standard URESA package, separate financial statement, if possible, and anyother information if available
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes, if absent parent resides in VI
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Contact Point to Obtain Payment Records
Contact Point to Obtain Court Order
Interstate enforcement referral form and copy of existing order
Supervisor
PCSD- Dept of Justice
GERS Bldg.
St. Thomas, VI 05802
Same as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureReceive referral, set up file, perform enforcement function once location of obligor established
Documents Required in Addition to Mandated Forms & Number of Copies Needed1 copy of support order and 1 copy of notarized financial payment history
Registration ProcedureFile established by Interstate Central Registry in St. Thomas, then sent to proper office for registration and enforcement
Documents Required in Addition to Mandated Forms & Number of Copies Needed 2 certified copies of support order
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureModification filed with administrative hearing officer; case heard and decided; respondent has 20 days to appeal to territorial court if not satisfied; case then heard de novo and decided in court; modification may be brought through court or administrative hearing process
Criteria for Review and AdjustmentIf last review within 3 years, 25% change in obligor income required. If use of guidelines result in 25% change in obligation amount, statutory change in circumstance requirement is met. Availability of medical support if not yet ordered.
Definition of Change of Circumstances
Frequency With Which Reviews Are Conducted Substantial change in resources of either parent or child; substantial change in circumstances and needs of child; substantial change in physical environment of the child; change in educational needs of child or mental/physical condition of child. If case modified within three years, need 25% change in income of obligor; however, if child support guidelines results in 25% change in obligation, this meets substantial change in circumstance requirement without further need of evidence.
Every 3 years
Documents Required in Addition to Mandated Forms & Number of Copies NeededFinancial statement and motion for increase
WASHINGTON
A. STATE AT A GLANCE
Program OperationState-administered; 9 regional field offices
Number of Local Offices (excluding Agencies under Cooperative Agreements)None
Type of Agencies with Cooperative Agreements35 local prosecuting attorneys for representation in Superior Court System; Attorney General in counties not handled by local prosecutors
Reciprocity With Tribal EntitiesYes, Colville Confederated Tribes of Washington and Nisqually Indian Tribe
Age of Majority for Termination of Support18, but special consideration may be given by court extending support or requiring non-custodian to provide for post-secondary education
Statutes of Limitation
• Collection of Past Due Support
10 years after emancipation of youngest child for all orders entered after 7-13-89; 10 years after a payment becomes delinquent for all orders entered before 7-13-89
• Paternity EstablishmentAge of majority of child
•DormancyDoctrine not recognized
GuidelinesIncome shares
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, if case was opened with agency prior to age of majority or if a judgment has been entered by court
Pursuit of Unreimbursed Assistance (URA)Yes, through garnishments, mandatory assignments of earnings, voluntary assignment of earnings, liens, seizure of assets, interception of workers' compensation, unemployment insurance
Limitations on Reducing URA to JudgmentNo
Recovery of Costs Elected Under State PlanYes
Recovery of Costs for Initiating StateBirth cost (non-assistance only), blood test costs, but not court costs
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes, but if parties have moved from WA and established a domicile in another state, WA would not have jurisdiction unless action initiated while parties were domiciled in Washington
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Motor Vehicles, Employment Security, Credit Bureaus, Department of Retirement System, Department of Corrections, IV-A Program, Vital Records administered by Department of Social and Health Services, Department of Labor and Industries
Certification/Notarization
• Uniform Support PetitionCertification by signature of court official
•General Testimony for URESACertification by signature of court official
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryCertification by signature of court official
•Paternity AffidavitCertification by signature of court official
•Other Documents
B. INCOME WITHHOLDING
Income Withholding Terminology
Orders to Withhold and Delivery (OWD)
Payroll Deduction Notice (PDN)
Included IncomeWage withholding, account withholding (banks), Labor and Industries (workman's compensation), Employment Security (unemployment insurance), and asset seizure
Fee Charged by EmployersOne time set-up charge of $10.00; $1.00 for each subsequent payment
Arrearages through Income WithholdingYes
Interstate Income Withholding ProceduresBoth PDN and OWD are used for wage withholding; PDN used in those cases where absent parent's income is great enough for OSE to request a fixed dollar amount which is less than 50% of absent parent's earnings; OWD used in those cases where a fixed percentage (50%) is sought (frequently in case of commission earning debtors)
Enforcement of Another State's Order Against
Income/Assets When Obligor Does Not Reside
in Your State Yes
Good Cause Criteria as Exception to Immediate
WithholdingNo, but are being developed
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed
One copy of orders to be enforced; debt calculation, month by month breakdown
C. PATERNITY
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresOSE serves putative father and attempts to settle case with an agreed order through court system; if paternity is contested, OSE will conduct blood tests and contact initiating agency to coordinate arrangements
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
No
Marriage as Presumption of PaternityYes
Other Statutory Presumptions Yes; R.C.W. 26.26.040 (Uniform Parentage Act - Presumption of Paternity); six identified.
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies NeededNone beyond those mandated in Uniform Parentage Act
Putative Father's Name on Birth CertificateNo, unless an acknowledgment of paternity is obtained within 2 weeks of birth and filed with Department of Vital Statistics
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyWritten testimony
Genetic Testing Contact Point
Coordinate with agency to whom URESAor interstate pleadings were sent
Recovery of Genetic Testing Costs for Other
States
Documentation Required for Admissibility of Genetic Testing ResultsYes, if requested
Positive photo identification if draw sites are different; affidavit from person drawing blood, affidavit of mailing samples
Assistance to Other States Using Their
Long-Arm Statutes
Service of ProcessYes, County Prosecuting Attorney where person requiring service resides
Genetic Testing Yes, same as above
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial and administrative
Interstate ProceduresHandled same as local cases; if order exists, WA enforces existing order; if no order and paternity not in issue, administrative order for support entered
Considered for Setting Support Under
GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; CP's net income/assets; age of child; AP's gross income/assets; AP's net income/assets; second family involvement; non-recurring income; long distance transportation expenses; and education expenses
Criteria for RebuttalIf this question addresses the child support guidelines, see R.C.W. 26.19.075 Standards of Deviation from the Standard Calculation
Public Assistance History RequirementsTotal AFDC expenditure report, including month-by-month breakdown
Contact Point for Public Assistance HistoryCase specific inquiries should be directed to the local field office handling the case. (See collection addresses/telephone #'s.) Pre-1976 AFDC payment histories must be specially requested through Administrative Operations Financial Services.
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone beyond mandated pleadings
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementAny form of involuntary wage withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed None beyond mandated pleadings
Contact Point to Obtain Payment RecordsDirect inquiries to the local field office handling the case (see collection addresses/telephone #'s).
Contact Point to Obtain Court Order Same as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActNo
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
URESA ProcedureRequests handled through court system by Prosecutor or Assistant Attorney General for responding county; after entry of order, case enforced as local case by OSE; in some circumstances, prosecutor will retain/monitor/ enforce under contempt
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone beyond mandated pleadings
Registration ProcedureNot routinely done, but have RURESA provisions which define process
Documents Required in Addition to Mandated Forms & Number of Copies Needed None
G. REVIEW AND ADJUSTMENT OF ORDERS
Procedure
Definition of Change of Circumstances
Frequency With Which Reviews Are Conducted
Documents Required in Addition to Mandated Forms & Number of Copies Needed
The OSE will, upon request, review child support orders on a three year cycle for possible modification. OSE will review orders for modification of the child support obligation and for medical support. Modifications may be for either increases or decreases in the child or medical support obligation
Any party to the order or another child support agency may request a review for modification. The requestor must ask OSE in writing for full support enforcement services
OSE uses current information, selection criteria and state statute requirements to review the case. Reviews can be requested on child support cases with aWA Superior Court order. If the court order is filed in another equivalent jurisdiction, one party lives in Washington and a second party lives in a third state, the case may qualify for review if the second party submits to WA jurisdiction. Reviews can also be requested on child support cases with a Washington administrative order
Superior Court orders are modified by a court of competent jurisdiction. When a child support order is inconsistent with the WA Child Support Schedule, OSE refers the case for modification action. OSE refers cases with court orders to a Prosecutor or Assistant Attorney General; petitions are filed and the court makes a redetermination of the support amount using the WA Child Support Schedule
WA State Statute provides that all child support orders may be adjusted once every 24 months based upon changes in the income of the parties without a showing of substantially changed circumstances. Adjustment may also be granted in cases with a substantially changed circumstances at any time. WA case law does not contain a hard and fast definition of "substantial circumstance." Adjustments may also be granted more often without a substantial change of circumstance in these situations: a) If the order works a severe economic hardship on either party or child; b) if the order was set when a child is in age category "A" (age 0-11) and is now in age category "B" (age 12-18); (c) if a child is still in high school and court finds a need to extend support beyond the 18th birthday to complete high school; and (d) orders entered prior to June 7, 1984 may be modified to request or modify health insurance coverage
Every 3 years
Requests for review must be in written form, signed by a party to the order or an IV-D agent. Requests must include a completed WA Child Support Schedule Worksheet and proof of income. Mandated pleadings to initiate a modification action are completed by OSE or attorney staff
WEST VIRGINIA
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)55 local offices (21 regional offices and satellite offices in 34 counties)
Type of Agencies with Cooperative AgreementsWV Supreme Court of Appeals (Family Law Master System); blood testing contract with Roche Biomedical Laboratories, Inc.
Reciprocity With Tribal EntitiesNo
Age of Majority for Termination of Support18
Statutes of Limitation
• Collection of Past Due Support
10 years from and after date of judgment; undischarged and accrued support becomes decretal judgment by operation of law on date due and not paid
• Paternity EstablishmentChild's 18th birthday; child may bring action in his/her own right after the child's 18th birthday but prior to 21st birthday
•DormancyNone
GuidelinesMelson formula
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes, through all collection methods except IRS tax offset
Pursuit of Unreimbursed Assistance (URA)Yes
Limitations on Reducing URA to JudgmentYes, ability to pay
Recovery of Costs for Initiating StateYes
Recovery of Costs Elected Under State PlanNo
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes, however use of said statute is difficult, if not impossible, under certain circumstances
General Long-Arm StatuteYes
Automated Locate ResourcesDepartment of Motor Vehicles, Department of Labor, Department of Employment Security; Vital Statistics (effective 1/91)
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public and certification by signature of agency official
•Defendant/Respondent Payment HistoryNotarization by Notary Public and certification by signature of agency official
•Public Assistance HistoryNotarization by Notary Public and certification by signature of agency official
•Paternity AffidavitNotarization by Notary Public
•Other DocumentsNone
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding
Included IncomeCommissions, earnings, salaries, wages, and other income due or to be due in the future to an individual from his employer and successor employers; any payment due or to be due in the future to an individual from a profit-sharing plan, a pension plan, an insurance contract, anannuity, Social Security, unemployment compensation, supplemental employment benefits and workers' compensation; any amount of money which is owing to an individual as a debt from an individual, partnership, association, public or private corporation, the United States or any Federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which is indebted to the obligor
Fee Charged by EmployersNot to exceed $1.00 per withholding
Arrearages through Income WithholdingYes, when current support is being withheld, amount withheld for arrearages cannot exceed 10% of disposable income
Interstate Income Withholding ProceduresIV-D agency handles all withholdings for WV; application for IV-D services or referral from IV-A required; amount to be withheld is amount of current support obligation plus an amount not to exceed 10% of obligor's disposable income for arrearages; maximum percent limits of Federal Consumer Credit Protection Act apply; IV-D agency sends obligor notice of withholding which pre-schedules a meeting and hearing; if obligor does not contest by attending meeting, notice to withhold is sent to employer/income source; if obligor attends meeting or makes written objections to contest, then hearing is held on unresolved factual issues; withholding is binding pending further notice from IV-D agency; employer has 10 days from date obligor is paid to send income withholding payment to IV-D agency
Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes
Good Cause Criteria as Exception to Immediate WithholdingNo
Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededInterstate Child Support Transmittal form; name, address, and Social Security number of obligor; employer's name and address or name and address of any other source of income of obligor in WV against which income withholding is sought; name and address of agency or person to whom support payments collected by income withholding shall be transmitted; certified copy of the support order with all modifications; certified copy of income withholding order/notice, if any, still in effect; copy of that portion of statute which states requirements for obtaining income withholding under law of jurisdiction which issued support order; month by month breakdown of arrears sworn statement of obligee or certified statement of a court or governmental entity of arrearages and, where applicable, assignment of support rights
C. PATERNITY
Uniform Parentage ActNo
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresWV treats interstate paternity actions in exactly same manner as paternity actions initiated in WV under paternity statute; this includes right to medical testing procedures to aid in determination of paternity, statutory right of indigent to court-appointed counsel and right to trial by jury; furthermore, courts strictly adhere to prescribed rules of evidence and civil procedure; as such, prosecution of case may require mother's presence andtestimony in WV court; if absent parent represented by counsel or otherwise cooperative, consent order for genetic testing normally entered; if tests exclude alleged father, WV statute requires dismissal of action; otherwise, case proceeds in same manner as any other civil action or is disposed of by agreed order
Consent Orders ObtainedYes
Presumption of Paternity Standard Based on Test Results
Yes, blood or tissue test results which exclude the man as father of the child are admissible and shall be clear and convincing evidence of nonpaternity and court shall upon considering such evidence, dismiss the action; blood or tissue test results which show a statistical probability of paternity of less than 98% are admissible and shall be weighed along with other evidence of defendant's paternity; undisputed blood or tissue test results which show a statistical probability of paternity of more than 98% shall legally establish the man or the father
Marriage as Presumption of PaternityYes
Other Statutory PresumptionsNo
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed3 certified copies of birth certificate and/or acknowledgments of paternity; with regard to children conceived and/or born during a lawful marriage, 3 certified copies of divorce court's findings of fact, conclusions of law, and order required
Putative Father's Name on Birth CertificatePutative father's name may be added to child's birth certificate when putative father and mother sign an affidavit of paternity in which paternity is acknowledged
Personal Appearance of Witness or Custodial Parent RequiredYes
Acceptable Methods of Testimony
No
Genetic Testing Contact Point
Roche Biomedical Laboratories, Inc.
c/o Paternity Division
P.O. Box 2230
Burlington, NC 27216-2230
(919) 584-5171
Recovery of Genetic Testing Costs for Other StatesYes
Documentation Required for Admissibility of Genetic Testing ResultsDocumentation of chain of custody of blood or tissue specimens is competent evidence to establish such chain of custody; verified expert's report shall be admitted at trial unless challenge to testing procedures or challenge to results of test analysis has been made before trial
Assistance to Other States Using Their Long-Arm Statutes
Service of Process
Genetic Testing
Yes; contact Child Advocate Office, (304) 558-3780
Yes; contact Child Advocate Office, (304) 558-3780
D. SUPPORT ORDER ESTABLISHMENT
ProcessCourt process/quasi-judicial system (Family Law Masters)
Interstate ProceduresDefendant is subpoenaed to appear before Family Law Master in county of his domicile; normally, defendant is required by subpoena or court order to provide financial disclosure sufficient for application of WV child support formula; when arrears are accrued under order, judgment is granted with schedule ofreimbursement in accordance with financial ability; requests for public assistance reimbursement are wholly contingent upon past and present ability to pay
Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; child care costs; CP's household expenses; CP's net income/assets; AP's net income/assets; AP's self support reserves; second family involvement; inflationary factors
Criteria for RebuttalParties waive the guidelines amount and enter into an agreement for custody and support, or the application of the guidelines amount would be contrary to the best interests of the child or the parties
Public Assistance History RequirementsMonthly, pro-rated to show only those sums attributable to defendant's dependents
Contact Point for Public Assistance History Child Advocate Office, (304)558-3780
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes, but because of strict adherence to prescribed rules of evidence and civil procedure, enforcement (other than by income withholding) normally requires completion of entire URESA package (Certificate, General Testimony, Petition); reciprocal action is then commenced based on WV support order
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies of month-by-month computation of arrearages; affidavit of arrears (acknowledged by obligee)
Contact Point to Obtain Payment RecordsChild Advocate Office, (304)558-3780
Contact Point to Obtain Copy of OrderSame as above
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order with all modifications thereof; 1 certified copy of reciprocal enforcement of support law of State issuing order; verified statement of obligee showing post office address of obligee, last known residence and post office address of obligor, amount of unpaid support, description of obligor's property available upon execution, and list of States in which order is registered
URESA ProcedureDefendant subpoenaed to appear before Family Law Master in county of his domicile; normally, defendant required by subpoena or court order to provide financial disclosure sufficient for application of WV child support formula; when arrears are accrued under order, judgment is granted with schedule of reimbursement in accordance with financial ability; requests for public assistance reimbursement are wholly contingent upon past and present ability to pay; clearly indicate if case is IV-D or non-IV-D, PA or NPA; public petitioner's representative is child advocate; no fees are charged to petitioner; enforcementpreferences are income withholding, URESA pleadings, registration of foreign support order, enforcement of existing order; arrearages are enforceable; URESA statute provides for registration
Documents Required in Addition to Mandated Forms & Number of Copies NeededCover letter stating that petition and testimony are included; 3 certified copies of obligee's statement; 3 certified copies of petition or complaint; 3 certified copies of previous order establishing a duty of support (if appropriate); 3 copies of reciprocal law of initiating State
Registration ProcedureRequired documents filed with clerk of circuit court in county of defendant's domicile; filing constitutes registration; notice of registration and copy of support order sent by certified mail, return receipt requested to obligor at last known address; upon registration, order is treated in same manner as an order issued by a WV circuit court; defendant has 20 days in which to petition court to vacate registration; if this is not done, registration is confirmed; only defenses available to obligor are those available in an action to enforce a foreign money judgment
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order with all modifications thereof; 1 certified copy of reciprocal enforcement of support law of State issuing order; verified statement of obligee showing post office address of obligee, last known residence and post office address of obligor, amount of unpaid support, description of obligor's property available upon execution, and list of States in which order is registered
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureWV requires filing of a verified petition (signed by obligee) setting forth specific facts which would constitute a substantial, uncontemplated change in circumstances bearing upon the needs of the children and/or obligor's ability to contribute to those needs; WV statute provides that effective 7-1-90 a 15% deviation from the guidelines is a basis for revising the award; although WV reciprocal statute does not specifically provide for modification, courts customarily take up such petitions, treating them in same manner as support orders issued under WV divorce statutes; however, strict adherence to prescribed rules of civil procedure and evidence make modification difficult in URESAs
Criteria for Review/AdjustmentChanges in physical custody of the child which the court had not ordered; increased needs of the child; changed financial conditions
Definition of Change of CircumstancesFamily law masters or courts may determine that a substantial change in circumstances has occurred because of a change in the cost of living caused by inflation or the age of the children, or unexpected changes affecting basic needs, like housing or transportation, not adequately dealt with in the existing order; although of questionable applicability in a reciprocal action, WV divorce statute provides that an order providing for child support payments may be revised or altered for reason, inter alia, that existing order provides for child support payments in an amount that is less than 85% or more than 115% of the amount that would be required to be paid under the child support guidelines promulgated pursuant to WV Code 48A-8-2
Frequency With Which Reviews Are Conducted
Every 3 years or upon receipt of a written request from an obligee or an obligor andnot more than once by a party every 2 years
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Original and 2 copies of a completed and acknowledged financial statement (CAO-15c form); 3 copies of petitioner's 3 most recent pay stubs, if applicable
WISCONSIN
A. STATE AT A GLANCE
Program OperationState-supervised, county-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)72 county agencies
Type of Agencies with Cooperative AgreementsCorporation Counsels or support enforcement attorneys, Family Court Commissioners, Clerks of Court, sheriffs
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support18 or graduation from high school or 19 years of age, whichever is sooner
Statutes of Limitation
• Collection of Past Due Support
20 years past
• Paternity Establishment19 years
•Dormancy5 years
GuidelinesAdjusted gross income of obligor
Arrearage Collections on Behalf of Non-minor
Child(ren)Yes; through income withholding, tax intercept (Federal and State), collection agencies, contempt of court
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to JudgmentNo
Recovery of Costs Elected Under State Plan No
Recovery of Costs for Initiating StateYes
State Income TaxYes
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteYes
General Long-Arm StatuteYes
Automated Locate ResourcesDivision of Economic Support; Department of Industry, Labor and Human Relations; Department of Revenue; Department of Justice; Department of Transportation
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment HistoryCertification by signature of court official
•Public Assistance HistoryCertification by signature of court official
•Paternity AffidavitCertification by signature of court official
•Other DocumentsOrders: Certification by signature of court official
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding/wage assignment
Included IncomeWages, worker's compensation, unemployment benefits, commissions, pension benefits
Fee Charged by Employers$3.00
Arrearages through Income WithholdingYes, if ordered or automatic in other State by law; discretion of Court or Family Court Commissioner
Interstate Income Withholding ProceduresOrder for child support must exist; notice to obligor; 10 days to appeal; order to employer; money sent to Clerk of Court
Enforcement of Another State's Order Against
Income/Assets When Obligor Does Not Reside in
Your State Yes
Good Cause Criteria as Exception to
Immediate Withholding Yes, irreparable harm to payer
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed3 certified copies of the support order and any modification; 3 certified copies of payment history
C. PATERNITY
Uniform Parentage ActNo, however have incorporated some provisions of it
Uniform Act on Blood TestingNo
Paternity through URESAYes
Interstate Paternity ProceduresIf respondent denies paternity at first appearance, follow paternity procedures; consent orders dependent on county; some courts require at least 1 appearance
Consent Orders ObtainedYes, but varies by county
Presumption of Paternity Standard Based on Test Results
Yes; 99%
Marriage as Presumption of PaternityYes
Other Statutory Presumptions No
Recognition of Common Law MarriageNo
Documents Required in Addition to Mandated Forms and Number of Copies Needed3 copies of mother's affidavit of paternity and 1
copy of birth record
Putative Father's Name on Birth CertificateYes, if father acknowledges using WI form signed by both parents; if child legitimated by marriage of parents; or after adjudication
Personal Appearance of Witness orCustodial Parent Required
No; but may be required if case actuallygoes to trial
Acceptable Methods of TestimonyURESA, depositions, interrogatories, telephonic
Genetic Testing Contact Point
Recovery of Genetic Testing Costs for
Other States
Responding county child support agency
Yes
Documentation Required for Admissibility of Genetic Testing ResultsResults certified by lab
Assistance to Other States Using Their Long-Arm Statutes
Service of Process No
Genetic Testing No
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial and quasi-judicial or stipulation with order signed by court
Interstate ProceduresSummons and 1 copy of URESA packet served on obligor with return date before court or Family Court Commissioner; evidence or testimony regarding income provided; appropriate percent applied and income withholding ordered
Considered for Setting Support Under
Guidelines AP's gross income/assets; second family involvement; special medical needs of the child, child care costs and age of the child are some of the factors used to justify deviation form the percentage of income standard; health insurance costs are considered separately
Criteria for Rebuttal Unfairness to one of the parties or the child
Public Assistance History RequirementsMonthly; CRN benefit history printout
Contact Point for Public Assistance History County Child Support Agency
Documents Required in Addition to Mandated Forms & Number of Copies Needed
Contact Point to Obtain Payment Records
Contact Point to Obtain Court Order
URESA package sufficient
County Child Support Agency
Same as above
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes; URESA petition may be required in Milwaukee County
Preferred Method of EnforcementIncome withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order and any amendments
3 certified copies of payment history
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies NeededUse of UEFJA for enforcement of support extremely rare
URESA ProcedureRegistration and enforcement under URESA or treat as petition for entry of support order to avoid affecting original order if appropriate
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order and any amendments
3 certified copies of payment history
Registration ProcedureClerk files documents in Registry of Foreign Support Orders; no filing fee required; filing constitutes registration; certified or registered mail notice to obligor; obligor has 20 days to petition court to vacate registration or for other relief; if obligor does not petition, registration confirmed; at hearing to enforce registered order; obligor may present only matters available as defenses in action to enforce foreign money judgment
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order and any amendments
3 certified copies of payment history
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureAffidavit of obligee setting forth substantial change in circumstances required; can be commenced with summons, motion or order to show cause; if no agreement, hearing before court or Family Court Commissioner
Criteria for Review and AdjustmentSubstantial change of circumstances or in the cost of living based on Bureau of Labor Statistics or receipt of AFDC
Definition of Change of CircumstancesStandard is substantial change rendering order unfair (not defined); receipt of AFDC may be considered change
Frequency With Which Reviews Are ConductedUpon request of the AP, CP or guardian; regularly and upon knowledge of change in circumstances
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order and any amendments; 3 certified copies of payment history; copy of guidelines used in establishment of original order
WYOMING
A. STATE AT A GLANCE
Program OperationState-operated
Number of Local Offices (excluding Agencies under Cooperative Agreements)1 contract office, 23 county attorneys, 23 clerks of district courts
Type of Agencies with Cooperative AgreementsDistrict courts, County Attorneys, clerks of district courts
Reciprocity With Tribal Entities No
Age of Majority for Termination of Support19; unless otherwise self-supporting, married, in the armed forces
Statutes of Limitation
• Collection of Past Due Support
None; unless reduced to judgment
• Paternity Establishment3 years after age of majority
•Dormancy None
GuidelinesPercentage of income
Arrearage Collections on Behalf of Non-minor
Child(ren)Discretionary withholding, URESA
Pursuit of Unreimbursed Assistance (URA)No
Limitations on Reducing URA to Judgment
Recovery of Costs Elected Under State Plan No
No
Recovery of Costs for Initiating StateYes
State Income TaxNo
Long-Arm Paternity StatuteYes
Domestic Relations Long-Arm StatuteIf court retains personal jurisdiction
General Long-Arm StatuteYes
Automated Locate ResourcesDriver's License, Department of Motor Vehicles, Employment Security Commission, Unemployment Compensation Benefits Records, Public Assistance
Certification/Notarization
• Uniform Support Petition
Notarization by Notary Public
•General Testimony for URESANotarization by Notary Public
•Defendant/Respondent Payment History Notarization by Notary Public
•Public Assistance HistoryCertification not required
•Paternity AffidavitNo
•Other DocumentsCourt orders/modifications: Certification by signature of court official
B. INCOME WITHHOLDING
Income Withholding Terminology
Income withholding, wage withholding, wage assignment
Included IncomeIncome from all sources
Fee Charged by Employers$2.00 per check discretionary
Arrearages through Income WithholdingYes
Interstate Income Withholding Procedures
Enforcement of Another State's
Order Against Income/Assets When Obligor Does Not Reside in Your State
Good Cause Criteria as Exception
to Immediate WithholdingRequires 30 day arrearage; notice of delinquency issued for older orders; notice to payor issued for immediate wage withholding in new orders
Yes, if we can obtain service upon the obligor
Yes, we have identified the obligor incorrectly or the obligor demonstrates that no arrears are owed
Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 copy of payment record-affidavit; 1 copy of court order/modifications; 1 copy of initiating State's income withholding laws
C. PATERNITY
Uniform Parentage ActYes
Uniform Act on Blood TestingYes
Paternity through URESAYes
Interstate Paternity ProceduresClerk of court dockets case and notifies prosecuting attorney of action; prosecuting attorney shall take action necessary in accordance with laws of WY to obtain jurisdiction over obligor or his property; hearing shall be set and notice thereof given to obligor
Consent Orders ObtainedRequires appearance before judge at informal hearing if probability of paternity is greater than 97%
Presumption of Paternity Standard Based on Test Results
Yes, 97%
Marriage as Presumption of PaternityYes
Other Statutory Presumptions No
Recognition of Common Law MarriageNo, unless established in a state which does recognize
Documents Required in Addition to Mandated Forms and Number of CopiesNeeded
Full URESA package, including Action Transmittal; 3 copies each of Certificateand Order, Uniform Support Petition, General Testimony for URESA paternity, URESA laws
Putative Father's Name on Birth CertificateCourt order required, unless both parents agree at time of child's birth
Personal Appearance of Witness or Custodial Parent RequiredNo
Acceptable Methods of TestimonyDeposition, written testimony
Genetic Testing Contact Point
Ms. Jacqueline Gonzalez
Wyoming Child Support
Hathaway Building - 3rd Floor
Cheyenne, WY 82002
(307) 777-6098
Recovery of Genetic Testing
Costs for Other States
Documentation Required for Admissibility of Genetic Testing ResultsYes
Blood test results with opinion of laboratory photographs
Assistance to Other States Using
Their Long-Arm Statutes
Service of Process No
Genetic Testing Yes Ms. Jacqueline Gonzalez
Establishment Supervisor
Dept. of Family Services
Hathaway Building, 3rd Floor
Cheyenne, WY 82002
(307) 777-6098
D. SUPPORT ORDER ESTABLISHMENT
ProcessJudicial process
Interstate ProceduresURESA Laws
Considered for Setting
Support Under GuidelinesAP's net income/assets; number of children
Criteria for Rebuttal No established criteria
Public Assistance History RequirementsAffidavit of monthly breakdown with totals
Contact Point for Public
Assistance History Ms. Karen L. Miller
Central Registry Supervisor
Dept of Family Services
Hathaway Building
Cheyenne, WY 82002
(307) 777-7603
Documents Required in Addition to Mandated Forms & Number of Copies NeededURESA package
E. ENFORCING YOUR OWN ORDER
Enforcement of Existing Instate Order when Family Lives in Another StateYes
Preferred Method of EnforcementInterstate wage withholding
Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies of court orders attached to interstate wage withholding transmittal
Contact Point to Obtain Payment
RecordsMr. James Mohler
Fiscal Deputy Dept. of Family Services
Hathaway Building
Cheyenne, WY 82002
(307) 777-6948
NOTE: May be through the Clerk of Court if not an IV-D case
Contact Point to Obtain Court OrderClerk of Court in county where order originated
F. ORDERS ISSUED IN ANOTHER STATE
Uniform Enforcement of Foreign Judgments ActYes
Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order with all modifications; 1 copy of reciprocal enforcement of support act of State where order entered; statement verified and signed by obligee showing post office address of obligee, last known place of residence and amount of support remaining unpaid
URESA ProcedureDocuments transmitted to county clerk for filing and to county attorney for processing; same procedure as a support order
Documents Required in Addition to Mandated Forms & Number of Copies NeededURESA package
Registration ProcedureCentral Registry; county clerk, county attorney office
Documents Required in Addition to Mandated Forms & Number of Copies Needed URESA package
G. REVIEW AND ADJUSTMENT OF ORDERS
ProcedureState procedure not established
Criteria for Review/AdjustmentCounties may do a review and modification if AP is in the jurisdiction of the original order on request of another State
Definition of Change of Circumstances
Frequency With Which Reviews
Are Conducted
Support would change 20%
We do not do regular reviews
Documents Required in Addition to Mandated Forms & Number of Copies NeededNone
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