MAINE

A. STATE AT A GLANCE

Program OperationState-operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)11, plus Central Office

Type of Agencies with Cooperative Agreements

Reciprocity With Tribal Entities None, program entirely state-administered

No

Age of Majority for Termination of Support18 [except that (a) if ME court order of 1/1/90 or later so provides, support obligation will continue until age 19 or termination of secondary school, whichever first occurs; and (b) support obligations established by ME administrative decisions of 1/1/90 or later will continue until age 19 or termination of secondary school, whichever first occurs]

Statutes of Limitation

• Collection of Past Due Support

Effectually, no statute of limitations for AFDC-related past-due support; in non-AFDC cases, no statute of limitations as such; however, ME has statutory rebuttable presumption of payment after 20 years following due date of obligation

• Paternity EstablishmentChild's 18th birthday

•DormancyNone

GuidelinesIncome shares

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, primarily through income withholding, liens, state income tax refund offset, UIB intercept; except no Federal tax intercept

Pursuit of Unreimbursed Assistance (URA)Yes

Limitations on Reducing URA to JudgmentYes; except in certain default situations, cap on AFDC recovery is lesser of (a) amount expended or (b) absent parent's support obligation for children for AFDC period(s) as retrospectively computed under ME'sguidelines statute; in paternity actions and in administrative proceedings for AFDC reimbursement based upon acknowledgment of paternity, recovery limited to the 6 years next preceding the commencement of action or proceeding

Recovery of Costs Elected Under State Plan No

Recovery of Costs for Initiating StateNo

State Income TaxYes

Long-Arm Paternity StatuteYes, as part of ME's general long-arm statute

Domestic Relations Long-Arm StatuteNo, but ME's general long arm statute provides for jurisdiction if absent parent maintained domicile in ME while subject to marital or family relationship out of which claim for child support arises

General Long-Arm StatuteYes

Automated Locate ResourcesDepartment of Motor Vehicles, Department of Labor, credit reporting agencies, Department of Human Services databases

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 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 IncomeCompensation paid or payable for personal services, whether denominated as wages, salary, commissions, bonuses or otherwise, and specifically includes periodic payments pursuant to pension and retirement programs, or insurance policies of any type, and all gainderived from capital, from labor, or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation and workers' compensation benefits

Fee Charged by Employers$2.00 per transaction

Arrearages through Income WithholdingYes, except in orders for withholding pursuant to ME's federally-mandated immediate income withholding statutes effective 11-1-90

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 WithholdingME enforces other States' court or administrative child support orders administratively as it does its own, without need for registration; ME automatically uses all collection mechanisms for the initiating State as it uses for ME cases (except for Federal income tax refund offset) after having first established/liquidated the arrears debt through its administrative process

Yes

Yes; Written agreement between the parties that provides an alternative arrangement that is acceptable to the court or hearing officer.

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of support order and statement of basis for computing the arrearage

C. PATERNITY

Uniform Parentage ActNo (but ME has Uniform Act on Paternity)

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresIn most cases, paternity establishment sought under URESA if an acknowledgment of paternity cannot be obtained; if an acknowledgment is obtained, then (a) in anAFDC case, establishment of a support award and AFDC public assistance recovery will be pursued administratively, and (b) in a non-AFDC case, establishment of a support award will be pursued administratively; including past-due support; past-due support not available through administrative process in non-AFDC cases; consent orders in URESA paternity proceedings can be obtained

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

Yes, 97%

Marriage as Presumption of Paternity

Other Statutory PresumptionsYes

No

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededNone

Putative Father's Name on Birth CertificateFather's name may not be entered on birth certificate of a child conceived and born out of wedlock without his acknowledged written consent

Personal Appearance of Witness or Custodial Parent RequiredYes, at a hearing/trial, as distinguished from preliminary proceedings, e.g., motion for blood tests; this requirement does not apply for administrative proceedings to establish support award and/or debt for public assistance which are based upon acknowledgments of paternity

Acceptable Methods of TestimonyNo

Genetic Testing Contact Point

Recovery of Genetic Testing Cost for Other States

Enforcement agent handling case

No

Documentation Required for Admissibility of Genetic Testing Results

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Photographs/affidavits as to identity of person whose blood sample has been taken plus document verifying chain of custody, plus notarized test report of appointed expert examiner

Yes;

Case Review Unit

Div. Support Enforcement & Recovery

State House Station 11

Augusta, ME 04333

Telephone: 1-800-371-3101

Yes; same as above

D. SUPPORT ORDER ESTABLISHMENT

ProcessAdministrative

Interstate Procedures

Considered for Setting Support Under GuidelinesSupport orders are established administratively on the basis of (a) interstate requests for such action and (b) URESA petitions pursuant to authority granted by ME's URESA statute

Special medical needs of the child; cost of providing health insurance for the child; child care costs; CP's gross income/assets; age of child; AP's gross income/assets; AP's self support reserves; second family involvement; subsistence needs of the AP

Public Assistance History Requirements

Contact Point for Public Assistance HistoryTotal AFDC expenditure and delineation of the period(s) of AFDC

Case Review Unit

Div. of Child Support Enforcement & Recovery

State House Station 11

Augusta, ME 04333

Telephone: 1-800-371-3101

Documents Required in Addition to Mandated Forms & Number of Copies NeededTestimony/affidavit as to gross income of custodial parent and as to work-related day-care expenses of custodial parent must cover period(s) of AFDC if AFDC reimbursement is sought; in URESA proceeding to establish or modify a support award, income/asset forms required by Rules of the ME Supreme Court must be completed

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementAdministrative (ME's Alternative Method for Support Enforcement, 19 MRSA 491-516)

Documents Required in Addition to Mandated Forms & Number of Copies Needed

Contact Point to Obtain Payment Records

Contact Point to Obtain Court OrderCertified copy of support order and statement of basis for computing the arrearage

Case Review Unit

Div. of Child Support Enforcement & Recovery

State House Station 11

Augusta, ME 04333

Telephone: 1-800-371-3101

Same as above

F. ORDERS ISSUED IN ANOTHER STATE

Uniform Enforcement of Foreign Judgments ActYes; however, ME's IV-D agency almost always enforces such orders administratively, as it does its own, obviating recourse to the Act, and therefore normally will not undertake to file under the Act

Documents Required in Addition to Mandated Forms & Number of Copies NeededCopy of foreign judgment authenticated in accordance with the Act of Congress or ME statutes plus affidavit setting forth name and last known post office address of judgment debtor and judgment creditor

URESA ProcedureOrder enforced administratively; URESA petition not required; interstate request for enforcement sufficient

Documents Required in Addition to Mandated Forms & Number of Copies NeededCertified copy of support order and statement of basis for computing arrearage

Registration ProcedureTransmittal of required documents to clerk of the District Court or Superior Court; filing of documents constitutes registration; however,registration not required in order to enforce an out-of-state order administratively, and therefore ME's IV-D agency normally will not undertake registration of a foreign support order

Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of order and all modifications, 1 copy of URESA statute of State in which order was made, and a statement verified and signed by obligee showing: post office address of obligee, last known place of residence and post office address of obligor, amount of support remaining unpaid, description and location of any property of obligor available upon execution, and list of States in which order is registered

G. REVIEW AND ADJUSTMENT OR ORDERS

Procedure

Criteria for Review and AdjustmentMotion for amendment for ME court orders; administrative amendment review for ME administratively-established child support awards; in absence of substantial evidence that there is more than 15% deviation from ME guidelines, agency will not undertake to modify an order; older orders and orders for which reviews have previously been requested will take precedence under ME's plans/procedures for review/modification of child support awards; normally modifications of non-ME orders should be sought in State of issuance before requesting enforcement by ME IV-D

Variance from guidelines of more than 15%; whether AP is required to obtain or maintain health insurance coverage if available at reasonable cost.

Definition of Change of Circumstances

Frequency With Which Reviews are ConductedMaterial change of circumstances; by statute, deviation of more than 15% from State's guidelines is material change of circumstance

Every three years, resources permitting, in AFDC cases. Upon request of either parent, every three years or more frequently atagency discretion.

Documents Required in Addition to Mandated Forms & Number of Copies NeededAny document of evidentiary materiality; if modification of a ME court order sought, income/asset forms required by Rules of ME Supreme Court must be completed

MARYLAND

A. STATE AT A GLANCE

Program OperationState supervised, county operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)24

Type of Agencies with Cooperative Agreements4 child support collection agencies, prosecutors, sheriffs, clerks of court

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18

Statutes of Limitation

• Collection of Past Due Support

12 years

• Paternity Establishment18 years or more

•DormancyNone

GuidelinesIncome shares

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, using all methods except Federal income tax offset in non-AFDC cases

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 ResourcesMABS (employment data), Motor Vehicle Department, Public Assistance Records, Prison Records, MILES

Certification/Notarization

• Uniform Support Petition

Certification by signature of court official

•General Testimony for URESACertification by signature of court official

•Defendant/Respondent Payment HistoryCertification by signature of agency official

•Public Assistance HistoryCertification by signature of agency official

•Paternity AffidavitNotarization by Notary Public

•Other DocumentsFinancial Affidavit: Notarization by Notary Public

B. INCOME WITHHOLDING

Income Withholding Terminology

Earnings withholding or wage liens

Included IncomeWages, unemployment benefits, workers' compensation, interest, annuities, pensions, Social Security benefits, commissions, and any other income

Fee Charged by Employers$2.00 per withholding (voluntary)

Arrearages through Income WithholdingYes, up to 10% of underlying periodic obligation

Interstate Income Withholding ProceduresSend documents listed below to MD Interstate Central Registry; Interstate Central Registry will transmit to appropriate child support enforcement agency, which will initiate a wage withholding request

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 transmittal form with 3 certified copies of: court order and all modifications, any income withholding order, affidavit of the arrears, and any assignment of support rights

C. PATERNITY

Uniform Parentage ActNo

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresConsent orders are attempted; issue of paternity can be tried on a URESA petition; however, court may adjourn case until testimony of mother can be obtained

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

Documents Required in Addition to Mandated Forms and Number of Copies NeededPaternity affidavit (3), insurance policies (1) photos (1), birthday cards (1), child's bank book (1)

Putative Father's Name on Birth CertificateMother's statement is accepted

Personal Appearance of Witness or Custodial Parent RequiredCourt may require mother to appear

Acceptable Methods of TestimonyIn general, the personal testimony of the plaintiff in open court is necessary

Genetic Testing Contact Point

Local prosecutor

Recovery of Genetic Testing Costs for Other StatesNo

Documentation Required for Admissibility of Genetic Testing ResultsAs much as possible to establish competence of the laboratory and chain of custody of samples

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; (410) 333-0635

Yes; same

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial process

Interstate ProceduresSend URESA petition with Transmittal 546, ICR reviews package and forwards it to proper local court; court dockets case; State's attorney contacts obligor and attempts to get a consent; if that fails, State's attorney prosecutes case

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; AP's gross income/assets

Criteria for RebuttalSecond intact family; prior agreement between parties

Public Assistance History RequirementsMonthly

Contact Point for Public Assistance HistoryLocal child support agency

Documents Required in Addition to Mandated Forms & Number of Copies Needed

None

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementWage withholding

Documents Required in Addition to Mandated Forms & Number of Copies Needed None

Contact Point to Obtain Payment RecordsLocal child support agency

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 ProcedureSend a URESA petition with Transmittal 546, ICR reviews package and forwards it to proper local court; court dockets case; State's attorney contacts obligor and attempts to get a consent; if that fails, State's attorney prosecutes case

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of initiating State's URESA laws

Registration Procedure3 certified copies of URESA petition

Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies of initiating State's URESA laws

G. REVIEW AND ADJUSTMENT OF ORDERS

Procedure3 certified copies of URESA petition and document change in circumstances of both parties

Criteria for Review/Adjustment50% change in support obligated amount

Definition of Change of Circumstances(1) If guidelines would result in an amended order differing by 25% or more from previous order; (2) any other change at discretion of court

Frequency With Which Reviews Are ConductedEvery 3 years; upon request of AP, CP or guardian

Documents Required in Addition to Mandated Forms & Number of CopiesNeeded

3 copies of initiating State's URESA laws

MASSACHUSETTS

A. STATE AT A GLANCE

Program OperationState-administered

Number of Local Offices (excluding Agencies under Cooperative Agreements)27 local offices, and 1 central office

Type of Agencies with Cooperative AgreementsIncluding, but not limited to Trial Court Department, District Attorneys, Department of Employment and Training, Department of Social Services and Department of Industrial Accidents

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18; court may, in its discretion, order support up to age 21 if child is domiciled with a parent and principally dependent on that parent for maintenance; age 23 if child is domiciled with a parent and principally dependent on that parent for maintenance due to child's enrollment in an educational program, excluding educational costs beyond an undergraduate degree

Statutes of Limitation

• Collection of Past Due Support

None

• Paternity EstablishmentNone

•DormancyNone

GuidelinesPercentage of obligor's gross income

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes; through wage withholding, lien/levy, full IRS collection, collection agencies, credit reporting, provided that the case was a IV-D case prior to the child(ren) reaching age of majority.

Pursuit of Unreimbursed Assistance (URA)Yes; agency will attempt to establish current support order and order for reimbursement of public assistance expended

Limitations on Reducing URA to JudgmentYes; payment of child support to reduce AFDC expended, whether current or past, is limited to obligor's ability to pay; no statutory"state debt"

Recovery of Costs for Initiating StateNo

Recovery of Costs Elected Under State PlanNo

State Income TaxYes

Long-Arm Paternity StatuteNo

Domestic Relations Long-Arm StatuteYes; however, once having met facial requirements of statute, plaintiff must also show that there are sufficient minimum contacts between forum and non-resident defendant such that maintenance of action does not offend traditional notions of fair play and substantial justice

General Long-Arm StatuteYes; transaction of business within MA about the subject matter of the litigation is identified by statute as basis for exercising jurisdiction or causing tortious injury.

Automated Locate ResourcesRegistry of Motor Vehicles, Federal Parent Location Services, Credit Bureaus, Department of Employment and Training, Department of Revenue Wage Reporting and Taxation

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 HistoryCertification by signature of agency official

•Paternity AffidavitNotarization by Notary Public

•Other DocumentsCertified copy of divorce or other existing child support orders; certified copy of child(ren)'s birth certificate(s)

B. INCOME WITHHOLDING

Income Withholding Terminology

Income withholding, wage withholding, wage assignment

Included IncomeCommissions, earnings, salary, wages or other periodic income from whatever source except as expressly limited by law

Fee Charged by EmployersUp to $1.00 per deduction

Arrearages through Income WithholdingYes; face amount of order can be increased administratively by 25% to recoup arrears

Interstate Income Withholding ProceduresVerify AP's address and employer; obtain court order for income withholding; IV-D agency sends bill to employer on its payroll cycle; wage assignments forwarded to new employers

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 certified copy of order; 1 certified documentation of arrearage; 1 copy of rendering State's income withholding law

C. PATERNITY

Uniform Parentage ActNo

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresJudicial process similar to in-state cases; in cases where putative father will not acknowledge paternity, blood tests routinely ordered

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test ResultsNo

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsFather listed on birth certificate; putative father jointly with mother held out child as theirs; any oral or written acknowledgementof paternity

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededCertified copy of child(ren)'s birth certificate(s); affidavit of paternity on federal form

Putative Father's Name on Birth CertificateIf the mother requests, court may issue order that birth certificate may be amended to include father's name

Personal Appearance of Witness or Custodial Parent RequiredIn URESA cases, mother is encouraged, but not required, to appear at hearings; in long-arm cases, mother must usually appear but appearance can be waived.

Acceptable Methods of TestimonyWritten testimony and paternity affidavit in URESA cases; oral testimony in instate and long-arm cases

Genetic Testing Contact Point

Department of Revenue

Child Support Enforcement Division

Parentage Testing Unit

141 Portland Street

Cambridge, MA 02139-1937

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsVerified documentation of chain of custody; blood test report signed by laboratory director; identification not limited to photographs and fingerprints; testimony of expert witness

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; MA Department of Revenue

Child Support Enforcement

Central Registry

141 Portland St.

Cambridge, MA 02139-1937

(617) 727-4200, ext. 450

Yes; MA Department of Revenue

Child Support Enforcement

Parentage Testing Unit

141 Portland St.

Cambridge, MA 02139-1937

(617) 727-4200, ext. 400

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial

Interstate ProceduresLong-arm jurisdiction; URESA

Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs; CP's gross income/assets plus net rental income to the extent they exceed $15,000 plus child care per year; age of child; AP's gross income/assets and net rental income; second family involvement when AP is making court ordered current child support payments for another family; number of children

Criteria of RebuttalAP has custody of other children whom he is legally obligated to support

Public Assistance History RequirementsOfficial certification of amount due showing monthly breakdown of assistance

Contact Point for Public Assistance HistoryMA Department of Revenue

Child Support Enforcement

Central Registry

141 Portland St.

Cambridge, MA 02139-1937

(617) 727-4000, ext. 450

Documents Required in Addition to Mandated Forms & Number of Copies NeededFinancial statement of obligee

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementIncome withholding

Documents Required in Addition to Mandated Forms & Number of CopiesNeeded

1 Certified copy of order and notarized affidavit of arrears

Contact Point to Obtain Payment RecordsMA Department of Revenue

Child Support Enforcement

Central Registry

141 Portland St.

Cambridge, MA 02139-1937

(617) 727-4000, ext. 450

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 ProcedureSend petition to MA Central Registry; Central Registry reviews for completeness; then forwards to appropriate local and for file in district court; hearing date assigned; obligor notified, and DOR/CSE appears on behalf of petitioner

Documents Required in Addition to Mandated Forms & Number of Copies Needed1 certified copy of support order with any/all modifications; 1 certified statement of arrears or notarized affidavit of arrears; 1 copy of initiating State's URESA law

Registration ProcedureMA URESA statute does not address registration of foreign orders

Documents Required in Addition to Mandated Forms & Number of Copies Needed None

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureFile judicial action for modification alleging material change of circumstances

Criteria for Review/AdjustmentIn determining if a material change of circumstances has occurred, the following are considered: parties' income and living situations; needs of the child; best interests of the child, percent change in order on application of guidelines

Definition of Change of CircumstancesA material change in circumstances

Frequency With Which Reviews Are ConductedUpon request of the AP, CP or guardian; upon identifying some evidence of a material change in the circumstances of the parties in the course of computer matches case processing or enforcement activities

Documents Required in Addition to Mandated Forms & Number of Copies NeededCurrent financial statement of obligee; certified copy of order to be modified and any documents demonstrating changed circumstances, such as certified copies of financial statements filed at time of entry of order to be modified

MICHIGAN

A. STATE AT A GLANCE

Program OperationLocally-operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)Intake/locate staff in each social services office

Type of Agencies with Cooperative AgreementsProsecuting attorney in each county for order and paternity establishment; Friend of the Court in each county/circuit for enforcement collection, interstate withholding and in 3rd Judicial Circuit (Wayne County), order and paternity establishment

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18; may order 19½ for completion of high school and/or agreement beyond 19½ by the parties

Statutes of Limitation

• Collection of Past Due Support

10 years after accrual of obligation but, by case law may need to be raised as defense

• Paternity Establishment18, but retroactive support barred if petition filed after age 6

•DormancyNone

GuidelinesModified income shares

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, if within statute of limitations and there is an original order from court of competent jurisdiction; no variance from methods for pre-minority arrearages except Federal tax offset program

Pursuit of Unreimbursed Assistance (URA)Yes; if petitioned and ordered under URESA and case is IV-D

Limitations on Reducing URA to JudgmentNo

Recovery of Costs for Initiating StateOnly paternity blood testing costs

Recovery of Costs Elected Under State PlanNo

State Income TaxYes

Long-Arm Paternity StatuteYes (general long-arm); but conflicting case law as to minimum contacts/failure to support resulting in an action for tort

Domestic Relations Long-Arm StatuteYes (general long-arm)

General Long-Arm Statute

Automated Locate ResourcesYes; but conflict case law as to minimum contacts/failure to support resulting in an action for tort.

Department of Motor Vehicles; Department of Labor; Public Assistance Client Information System

Certification/Notarization

• Uniform Support Petition

Certification by signature of agency official or court official

•General Testimony for URESACertification by signature of agency official or court official

•Defendant/Respondent Payment HistoryCertification by signature of agency official or court official

•Public Assistance HistoryCertification by signature of agency official or court official

•Paternity AffidavitNotarization by Notary Public

•Other DocumentsNotarization by Notary Public

B. INCOME WITHHOLDING

Income Withholding Terminology

Income withholding

Included IncomeNo income excluded, income defined in its broadest sense to include bank interest, government benefits, pensions, tax refunds, UCB, etc., for example

Fee Charged by EmployersNone

Arrearages through Income WithholdingYes; determined independently by local court/case basis but usually included (allowed by statute)

Interstate Income Withholding ProceduresRequest received, reviewed, logged, and referred to Friend of the Court in countywhere obligor's employer is located (providing there is no original MI order); if no employer is identified on request document, case is pended for locate services until a MI employer can be identified; due to construction of MI interstate income withholding statute (Model Act), action to implement withholding cannot be started unless there is an identified employer; Friend of the Court notifies obligor and employer of withholding; collections made under interstate income withholding order are handled by Friend of the Court where interstate income withholding order entered

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes

Good Cause Criteria as Exception to Immediate WithholdingAgreement of both parties to action

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of order and modifications; certified copy of income withholding order still in effect, if any; copy of portion of statute of issuing jurisdiction which states amount of arrears to mandate income withholding; sworn statement of amount of arrears, arrears accrual dates and assignment of rights, if any; identification of source of income other than employer, if known; amount of withholding requested; obligee signed statement of IV-D service eligibility; copy of proof of service or other evidence of court's personal jurisdiction over obligor

C. PATERNITY

Uniform Parentage ActNo

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresRequests for assistance in voluntarily establishing paternity are honored, but normally full URESA used; petitions/requestsare received in Interstate Support Registry and channelled to prosecuting attorney (or in Wayne County, Friend of the Court) in respondent's county of residence; action filed in circuit court; once an order is entered, Friend of the Court of county/circuit enforces and processes collections

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

Yes, if probability of paternity is 99% or higher rebuttable

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsNo

Recognition of Common Law MarriageYes, if valid in State in which it occurred or if before 1/1/57 in MI

Documents Required in Addition to Mandated Forms and Number of Copies NeededNone normally required; specific/unique case situations may call for additional materials

Putative Father's Name on Birth CertificateAt time of birth at request of mother/father with notarized statement, or when paternity established, vital statistics will add based on information required to be channelled by Clerk of Court

Personal Appearance of Witness or Custodial Parent RequiredNo, but may be demanded in contested cases

Acceptable Methods of TestimonyDeposition; teleconferencing may be possible in uniquely arranged circumstances

Genetic Testing Contact Point

Responding Prosecuting Attorney (in Wayne County/Third Judicial Circuit, the Friend of the Court)

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsAffidavits by accredited laboratory and court/local official

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; Prosecuting Attorney in obligor's county

No

D. SUPPORT ORDER ESTABLISHMENT

ProcessCourt/quasi-judicial

Interstate ProceduresVariable by type of request received; Full URESA petitions handled by Prosecuting Attorney in county of residence of respondent; URESA Registration requests are handled by Friend of the Court in obligor's county of residence; Interstate Income Withholding requests processed by Friend of the Court in county where obligor's employer is located; support collections made under any type of MI child support order processed by Friend of the Court where order is entered

Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; child care costs; CP's net income/assets; AP's net income/assets; second family involvement; inflationary factors; custodial arrangements; pre-existing orders; visitation abatement

Criteria for RebuttalApplying guidelines would be unfair or unjust

Public Assistance History RequirementsMay vary by jurisdiction/circumstance but annualized figures usually sufficient

Contact Point for Public Assistance HistoryPayment Information Unit

Payment/Document Control Division

235 S. Grand Ave., 10th Floor

P.O. Box 30037

Lansing, MI 48909

Documents Required in Addition to Mandated Forms & Number of Copies NeededNone other than indicated by statute; for URESA: 3 copies of petition, certificate, copy of initiating State statute; for registration: 3 copies (one certified, two true) of order and modifications, copy of initiating State statute, obligee verified and signed statement regarding obligee/ obligor information, list of other States that order is registered in, if any

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes, this is the preferred method no matter where parties reside; however, full URESA may be necessary in certain situations (e.g. where support under the original order has been abated due to the obligee being in contempt for failure to allow visitation or when support is in abeyance due to the custodial parent leaving the state without, when required by the order, permission of or notification to the court)

Preferred Method of EnforcementDirect income withholding (service on resident agent of employer in MI); if not possible, interstate income withholding

Documents Required in Addition to Mandated Forms & Number of Copies Needed Copy of existing support order helpful but not necessary as long as MI order is identified by number and issuing court/county

Contact Point to Obtain Payment RecordsFriend of the Court in the county which issued the order

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 NeededNo special requirements other than indicated by statute

URESA ProcedureURESA petitions received with sufficient information to identify obligor and his whereabouts are forwarded by Central Registry to Prosecuting Attorney (Friend of the Court for Wayne County/Third Judicial Circuit) of county of residence; actual receipt and docketing is done by clerk of court; prosecutor acts per statute to obtain jurisdiction over obligor, including forwarding documents to another court of MI if obligor is found in another jurisdiction; upon the entry of order, copy is sent to initiating court;the Friend of the Court is responsible to enforce, transmit collections, and furnish certified statement of payments upon request

Documents Required in Addition to Mandated Forms & Number of Copies NeededNo special attachments other than copy of initiating State's URESA Act

Registration ProcedureClerk of circuit court files order in local registry of foreign support orders; upon registration, clerk dockets case and notifies Friend of the Court of registration; Friend of the Court notifies obligor through registered or certified mail; obligor has 28 days to petition to vacate; upon no appeal or loss of appeal, order is confirmed; registered order is treated same as an order issued by a MI court and is subject to same procedures, defenses, and proceedings for reopening, modifying, vacating or staying except that a proceeding pursuant to MI URESA "shall not adjudicate an issue of custody or visitation"

Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 copies (1 certified, 2 true) of support order (including all modifications); 1 copy of URESA of State where order was issued; statement verified and signed by obligee showing obligee's post office address, last known residence and post office address of obligor, amount of support remaining unpaid, description of any property owned by obligor and list of other States where order is registered

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureUpon its own initiative, or upon request of either party (but not more than once every 2 years), Friend of the Court is to conduct an investigation to determine whether order should be modified; Friend of the Court petitions court and provides a written report and recommendation; prior to hearing, both parties are notified of proposed modification for an opportunity to review and comment; also, "pro per" forms and instructions are made available to parties so that they can filetheir own actions

Criteria for Review/AdjustmentIncreased need of the child or a change in the financial condition of one or both parties; such reviews are to be made: not less than every two years for public assistance cases; at the initiative of the court if there are reasonable grounds to believe the amount of ordered support should be modified; upon receipt of a written request from one of the parties, no review required on any additional requests from that party until years have elapsed.

Definition of Change of CircumstancesChange in financial circumstances of party(ies) and/or needs of children

Frequency With Which Reviews Are ConductedEvery 2 years for public assistance cases

Documents Required in Addition to Mandated Forms & Number of Copies NeededDetailed information regarding financial circumstances of custodial parent

MINNESOTA

A. STATE AT A GLANCE

Program OperationState supervised/county administered

Number of Local Offices (excluding Agencies under Cooperative Agreements)83 county IV-D offices

Type of Agencies with Cooperative AgreementsEach county has a cooperative agreement with the individual county attorney's offices for purposes of securing IV-D legal services

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18; "child means an individual under 18 years of age, an individual under age 20 who still is attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support"

Statutes of Limitation

• Collection of Past Due Support

10 years unless arrears have been reduced to judgment; judgments survive for 10 years and can be renewed

• Paternity EstablishmentUp to 1 year after age of majority; parents liability for support limited to 2 year period immediately preceding commencement of paternity action

•Dormancy

GuidelinesPercentage of obligor net income

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, using income withholding if order specifies sum certain to be paid on arrears; securing and docketing judgment

Pursuit of Unreimbursed Assistance (URA)Yes

Limitations on Reducing URA to JudgmentParental liability (based on ability to pay) is limited to amount of assistance furnished during 2 years immediately preceding commencement of action; "commencement of action" means date that parent served with summons and complaint

Recovery of Costs for Initiating StateYes, blood test costs

Recovery of Costs Elected Under State PlanNo

State Income TaxYes

Long-Arm Paternity StatuteYes

Domestic Relations Long-Arm StatuteYes

General Long-Arm StatuteMN has long-arm statute that allows for income withholding directly on employer that conducts business in MN

Automated Locate ResourcesDriver's license, wages, unemployment compensation, motor vehicles, Department of Jobs and Training, Welfare Information System (MAXIS), Department of Revenue

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

•Paternity AffidavitNotarization by Notary Public

•Other DocumentsNotarization by Notary Public

B. INCOME WITHHOLDING

Income Withholding TerminologyIncome withholding (delinquency based) or automatic income withholding (no delinquency)

Included IncomeAny periodic payment including, but not limited to wages, salaries, payments to an independent contractor, workers' compensation, unemployment compensation, annuity, retirement, pension, and disability payments

Fee Charged by Employers$1.00 per withholding - charged to obligor

Arrearages through Income WithholdingYes, 20% of current monthly obligation; once ongoing ceases, current amount plus 20% continued until arrearages are satisfied in full

Interstate Income Withholding Procedures1)Income withholding applies to all MNorders by operation of law.

2)If not previously notified, a notice of delinquency (30 days) must be sent to the obligor informing him/her of right within 15 days to move court for stay of withholding. If stay is given, hearing must be held within 45 days of original notice to obligor.

3)Payor of funds must begin withholding no later than 1st pay period that occurs after 14 days following date of notice and any withholdings must be sent to IV-D agency within 10 days of when obligor would have normally been paid.

4)MN payor of funds must honor withholding orders of other States, however, they can only remit withholdings to MN child support offices.

5)Income withholding can only occur on title

IV-D cases as payments must go to a MN child support office.

6)Any income withholding for a MN payor of funds (unless service can be made upon payor of funds in initiating State, i.e. company has an agent for service or otherwise conducts business in initiating State) must be sent to MN Central Registry and must be a title IV-D case.

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes

Good Cause Criteria as Exception to Immediate WithholdingCourt must make written determination in accordance with statute

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCopy of order, copy of income withholding statute of State which entered order, affidavit of arrears, copy of notice to obligor of intent to implement income withholding (if previously notified)

C. PATERNITY

Uniform Parentage ActYes

Uniform Act on Blood TestingYes

Paternity through URESAYes

Interstate Paternity ProceduresAlleged father is served with summons and complaint; upon request of either party, court must order genetic blood testing; blood test results of 99% or greater constitute presumption of parentage; courts must still make finding of parentage; stipulated paternities encouraged for non-contested proceedings; alleged father is entitled to jury trial if he desires

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

Yes, test results of 99% or greater constitute rebuttable presumption of parentage, however, court must still enter finding of paternity

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsDeclaration of parentage; signed, notarized, and on file with the MN Department of Health; child born within 280 days of marriage termination or legal separation

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededNone

Putative Father's Name on Birth CertificateFor MN Department of Vital Statistics to put father's name on birth certificate of child not born of a marriage, there would have to exist judgment of paternity issued by district court, or declaration of parentage signed by both parents, notarized, and filed with Vital Statistics

Personal Appearance of Witness or Custodial Parent RequiredGenerally, no; however a particular court may require an appearance

Acceptable Methods of TestimonyDepositions and interrogatories, but depends on court hearing case

Genetic Testing Contact Point

Local child support offices

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsOpinions and conclusions of testing facility and documentation of chain of custody; if not stipulated to, testimony by expert witness (may use video)

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; contact local child support office

Yes; contact local child support office

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial and administrative processes

Interstate ProceduresCourt orders obtained either by stipulation and approval by court or as result of hearing

Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; AP's net income/assets; second family involvement; imputed income

Criteria for RebuttalWritten findings from the court that the guidelines amount would not be in the best interest of the child

Public Assistance History RequirementsMonthly

Contact Point for Public Assistance HistoryLocal child support office

Documents Required in Addition to Mandated Forms & Number of Copies NeededNotarized month-by-month affidavit of arrears, if applicable; notarized month-by-month affidavit of assistance paid, if applicable; copies of any court orders, if applicable

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementPrefer that case be submitted to MN with request to enforce order; local jurisdiction is in best position to determine appropriate enforcement remedies based on particular circumstances of case

Documents Required in Addition to Mandated Forms & Number of Copies Needed Copies of all orders entered; affidavit of arrears, if applicable

Contact Point to Obtain Payment RecordsLocal child support office

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 certified copy of foreign judgment; 1 certified affidavit setting forth name and last known post office address of judgment/debtor and judgment creditor

URESA ProcedureURESA matters heard both in district court and in administrative hearings; orders entered based on MN guidelines; enforcement remedies for URESA orders are same as for any other orders

Documents Required in Addition to Mandated Forms & Number of Copies NeededCopies of all pre-existing orders and any modifications; month-by-month affidavit of arrears (if appropriate); month-by-month affidavit of assistance issued (if appropriate); 3 copies of initiating State's URESA statutes

Registration ProcedureUpon receipt of registration request by court administrator, obligor given 20 day notice of intent to register foreign order; after 20 days, registration is final and enforcement action can commence

Upon registering foreign order, obligor will have local forum for purposes of moving court for modification of order and if successful, is a final modification of order

Documents Required in Addition to Mandated Forms & Number of Copies Needed

3 certified copies of order with all modifications; copy of the URESA laws of State in which order was entered; verified statement signed by obligee showing post office address of obligee, last known place of residence and post office address of obligor, amount of arrears that accrued under order, description and location of any property of obligor available upon execution, and list of States in which order is registered; month-by-month affidavit of arrears

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedurePolicy being established

Criteria for Review/AdjustmentWritten request by AP, CP, or guardian (may be limited to 1 request every 3 years); not less than once every 3 years (public assistance cases); must show a change in circumstances, application of guidelines must result in an amount that is at least 20% and at least $50 more or less than the current ordered amount

Definition of Change of CircumstancesPolicy being established

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 Copies NeededPolicy being established

MISSISSIPPI

A. STATE AT A GLANCE

Program OperationState-administered

Number of Local Offices (excluding Agencies under Cooperative Agreements)84

Type of Agencies with Cooperative AgreementsNone

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support21

Statutes of Limitation

• Collection of Past Due Support

None as to minors

• Paternity EstablishmentBefore child's 18th Birthday

•DormancyEnrolled judgment liens cease to be an encumbrance unless renewed after a certain time period

GuidelinesBased on obligor adjusted gross income as defined in State law

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes; through contempt, post-judgment remedies such as garnishment

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; if child was conceived, born, and resides in the State without support

Domestic Relations Long-Arm StatuteYes

General Long-Arm StatuteYes

Automated Locate ResourcesHighway Patrol, Department of Motor Vehicles, Employment Security Commission, AFDC/Food Stamp System, Electronic Parent Locator System (EPLN) with 9 other States

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

•Paternity AffidavitNotarization by Notary Public

•Other Documents

B. INCOME WITHHOLDING

Income Withholding Terminology

Order for Withholding

Included IncomeAny form of periodic payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and any other payments made by any person, private entity Federal, or State government or any unit of local government, notwithstanding any other provisions of State or local law which limit or exempt income or the amount or percentage of income that can be withheld; provided, however, that income excludes: any amounts required by law to be withheld, other than creditor claims, including but not limited to, Federal, state, and local taxes, Social Security and other retirement and disability contributions; any amounts exempted by federal law; public assistance payments; and unemployment insurance benefits except as provided by law

Fee Charged by Employers$2.00 per withholding

Arrearages through Income WithholdingYes

Interstate Income Withholding ProceduresOrder for withholding entered whenever support is ordered; order effective immediately if IV-D; upon 1 month delinquency if non-IV-D; upon failure to pay,notice of delinquency sent to obligor; 10 days to contest based on mistake of fact; if petition to stay withholding filed, hearing held within 20 days; hearing limited to mistake of fact; judge can either order withholding to proceed or amend or halt withholding

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes; URESA may be required in some cases

Good Cause Criteria as Exception to Immediate WithholdingNo

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of the support order with all modifications; certified copy of an order for withholding income, if any, still in effect; copy of the portion of the income withholding statute of jurisdiction which issued the support order which states the requirements for obtaining an order for withholding under law of that jurisdiction; sworn statement of obligee or certified statement of agency of arrearages and assignment of support rights, if any; statement of name, address, and Social Security number of obligor, name and address of obligor's payor in MS upon which an order for withholding is sought; name and address of agency or person to whom support payments collected by order for withholding shall be transmitted

C. PATERNITY

Uniform Parentage ActNo

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresComplaint filed; 30 days allowed for defendant response; hearing on merits; order entered

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

No

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsLack of access of husband to wife, i.e. military service

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies Needed3 original copies of affidavit of mother

Putative Father's Name on Birth CertificateNot done unless the putative father acknowledges in writing at the hospital that he is the father and consents to entry of his name on the birth certificate

Personal Appearance of Witness or Custodial Parent RequiredYes

Acceptable Methods of TestimonyNo

Genetic Testing Contact PointArranged locally on case-by-case basis

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsAffidavits

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; contact Central Registry, (601) 354-0341

Yes; contact Central Registry

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial

Interstate ProceduresURESA; Interstate income withholding

Considered for Setting Support Under Guidelines

Criteria for Rebuttal

Public Assistance History Requirements

Extraordinary medical, psychological, educational, or dental expenses; independent income of the child; payment of both child support and spousal support to the obligee;seasonal variations in one or both parents' income or expenses; age of the child; special needs traditionally met by the family; time spent with AP; total available assets of AP, CP, and child

Not required to obtain order for child support

Contact Point for Public Assistance HistoryDivision of Economic Assistance, (601) 354-0341

Documents Required in Addition to Mandated Forms & Number of Copies NeededNo extra documents needed

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes; but will typically be necessary for obligee (C/P) return to testify

Preferred Method of EnforcementURESA, unless obligee (C/P) is willing to return to MS

Documents Required in Addition to Mandated Forms & Number of Copies Needed URESA Packet

Contact Point to Obtain Payment RecordsCentral Registry

507 E. Capitol St.

P.O. Box 352

Jackson, MS 39205

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 ProcedureCase received, filed, process issued, hearings held

Documents Required in Addition to Mandated Forms & Number of Copies NeededNone

Registration ProcedureMS does not have registration through URESA

Documents Required in Addition to Mandated Forms & Number of Copies Needed None

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedurePetition filed, process issued, hearing held and modification granted if a material change in circumstances has been proved

Criteria for Review/AdjustmentDetermination of a material change in circumstances. If the AP requests a review, the following is required: AP is current; the current order is for an amount that is $25 per month more or less than the amount indicated by the guidelines based on the AP's adjusted gross income; a material change in circumstances exists; there is substantial indication that the material change will be maintained for a year or more; and there is no legal barrier to seeking the modification documented and explained in the case record by the Child Support Attorney

Definition of Change of CircumstancesSomething "material" as to custodial parent, absent parent, or child; i.e., AP's ability to pay; CP's changing needs of child, etc.

Frequency With Which Reviews Are ConductedEvery 3 years; upon request of AP, CP, or guardian

Documents Required in Addition to Mandated Forms & Number of CopiesNeeded

None

MISSOURI

A. STATE AT A GLANCE

Program OperationPredominantly State-operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)5 of MO's 115 counties are county administered; MO Division of Child Support Enforcement (DCSE) has 13 regional offices which serve remaining 110 counties; administrative establishment and enforcement are handled by DCSE's regional offices

Type of Agencies with Cooperative AgreementsCounty prosecuting attorneys are under cooperative agreements with state for judicial establishment and enforcement requests on IV-D cases; circuit clerks in each county collect and distribute child support payments; non-IV-D cases are handled at county level only

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support

18, or if in high school at 18, upon graduation from high school or 21, whichever comes first; if child enrolls in college or vocational school by October 1 following high school graduation, support continues until child is 22 or when education is completed, whichever is earlier. Some deviations from this standard may occur in judicial orders that specifically set ages other than 18 for the termination of support

Statutes of Limitation

• Collection of Past Due Support

10 years from last payment or other form of revival of order

• Paternity Establishment18th birthday

•DormancyNone

GuidelinesIncome shares

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes; through income withholding, State tax refund offset, garnishment, etc. Some county prosecuting attorneys may file contempts.

Pursuit of Unreimbursed Assistance (URA)Yes

Limitations on Reducing URA to JudgmentYes, judgment may include assistance paid within 5 years of filing petition for reimbursement

Recovery of Costs for Initiating StateYes

Recovery of Costs Elected Under State PlanNo

State Income TaxYes

Long-Arm Paternity StatuteYes, applies when child was conceived (act of sexual intercourse occurred) in MO

Domestic Relations Long-Arm StatuteYes, applies if parents lived in lawful marriage in MO and the parent seeking service has resided continuously in MO since separation

General Long-Arm StatuteYes, applies when certain acts are performed in the State including transaction of business, making of contracts, commission of tortious acts, and when there is ownership or use of MO real estate or contracts are made to insure persons or property that are in the State at time of contract

Automated Locate ResourcesDivision of Motor Vehicles, Employment Security, Probation and Parole, Department of Social Services, Internet, FPLS, Professional Registration, Department of Revenue, and Secretary of State

Certification/Notarization

• Uniform Support Petition

Verified/authenticated

•General Testimony for URESANotarization by Notary Public

•Defendant/Respondent Payment HistoryNotarization by Notary Public, if from obligee; certification by signature of court official, if from court

•Public Assistance HistoryCertification by signature of agency official

•Paternity AffidavitNotarization by Notary Public

•Other Documents

B. INCOME WITHHOLDING

Income Withholding Terminology

Income withholding, order to withhold (OTW)

Included IncomeWages, lottery winnings, unemployment compensation benefits, workers' compensation benefits, bank accounts (obligor's must be only name on account), pension income, and any other monetary debt owed to obligor by any party who is subject to jurisdiction of the MO courts

Fee Charged by Employers$6 per payment

Arrearages through Income WithholdingYes, depending on case situation up to 50% of current child support amount, or up to 25% of disposable earnings (arrearage-only cases)

Interstate Income Withholding ProceduresIV-D income withholding orders are issued centrally from DCSE's Interstate Collections Unit in most cases; existing support order and arrearages are "duplicated" through administrative process, and income withholding effected simultaneously; obligor has right to hearing AFTER withholding order is entered; URESA requests for enforcement of existing orders will be converted to wage withholding if employment discovered; support ordersrequiring obligor to pay percentage of earnings must be converted to a dollar amount by initiating State before forwarding to MO

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes

Good Cause Criteria as Exception to Immediate WithholdingCourt's discretion if one party shows good cause (judicial orders) ; AP provides proof of medical insurance for child and posts a security bond equal to 2 months' support (administrative orders)

Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 certified copy of support order and any modifications; notarized arrearage affidavit from obligee (month-by-month accounting of payments preferred), certified copy of court's payment record, or certified copy of court's determination of arrearages

C. PATERNITY

Uniform Parentage ActYes

Uniform Act on Blood TestingYes

Paternity through URESAYes

Interstate Paternity ProceduresMost interstate paternity establishment is handled by county prosecuting attorneys

Consent Orders ObtainedYes, judicial consent orders obtained in many local jurisdictions; some consents are obtained by DCSE through administrative process

Presumption of Paternity Standard Based on Test Results

No

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsFather and mother file paternity affidavit with Bureau of Vital Records; father and mother marry or attempt to marry and he consents to adding his name to child's birth certificate or signs paternity agreement with court or administrative agency

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededRequested on a case-by-case basis if required by individual courts

Putative Father's Name on Birth CertificateName placed on birth certificate by Department of Health with signed and notarized affidavit of both parents; certificate amended by Department of Health pursuant to court or administrative order after paternity established

Personal Appearance of Witness or Custodial Parent RequiredUsually no; some courts may require personal appearance

Acceptable Methods of TestimonyWritten depositions used in some courts

Genetic Testing Contact PointTesting scheduled by county prosecuting attorneys or by DCSE's Interstate Collections unit

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsVerified documentation of chain of custody, photos, affidavits advised

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; contact Interstate Central Registry

Yes; contact Interstate Central Registry

D. SUPPORT ORDER ESTABLISHMENT

ProcessBoth administrative and judicial

Interstate ProceduresIf sufficient financial information on both parties is included with referral, DCSE's Interstate Unit will establish order through administrative process; otherwise, county prosecuting attorney will pursue establishment in circuit court through URESA process

Considered for Setting Support Under GuidelinesSpecial medical needs of the child; costs of providing health insurance for the child; child care costs; CP's gross income/assets; AP's gross income/assets; second family involvement; other child and spousal support being made

Criteria for RebuttalCourt or administrative agency enters a written or specific finding on the record that the presumed amount is unjust or inappropriate

Public Assistance History RequirementsMonthly; documentation should indicate if payments are prorated when children other than absent parent's are included in grant

Contact Point for Public Assistance HistoryLocal CSE office that initiated interstate referral

Documents Required in Addition to Mandated Forms & Number of Copies NeededUsually none; requested on case-by-case basis if required by a particular county

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes, if noncustodial parent lives or works in MO

Preferred Method of EnforcementIncome withholding

Documents Required in Addition to Mandated Forms & Number of Copies Needed Notarized arrearage affidavit from custodial parent; if other documents are required by a particular county, these will be requested on a case-by-case basis

Contact Point to Obtain Payment RecordsLocal CSE office that initiated interstate referral

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 NeededVerified petition for registration, plus an authenticated copy of foreign judgment and all subsequent court entries affecting it; file in duplicate

URESA ProcedureIf case is not appropriate for income withholding, it is handled using interstate procedures discussed above

Documents Required in Addition to Mandated Forms & Number of Copies NeededUsually none; if necessary, requested on a case-by-case basis

Registration ProcedureAuthenticated petition must include statement as to unpaid balance on original order, and list any other States where order is registered; petition must contain certified copy of order to be registered, plus any modifications; after filing, obligor may petition court for change in custody, support amount, etc.

Documents Required in Addition to Mandated Forms & Number of Copies Needed None

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureAfter a party seeking modification has met burden of proof to show changed circumstances, support guidelines apply; DCSE establishes how frequently reviews may be conducted for modification on IV-D cases. Initiating State should modify order if entered in that jurisdiction

Criteria for Review/AdjustmentOrder must be at least 24 months old (or modified 24 months ago or longer); 20% change in presumed child support amount, according to guidelines; AP, CP, or guardian must request review (non-AFDC); AP, CP, or guardian must request or State IV-D agency must determine whether it is in best interest of child for review to proceed (AFDC)

Definition of Change of Circumstances"Changed circumstances so substantial and continuing as to make terms of order unreasonable"; court considers financial resources of both parties, including extent to which expenses of either party should be shared by present spouse or person with whom he or she lives, and earning capacity of a parent who is unemployed; if application of guidelines would alter current order by 20 percent or more changed circumstances are presumed

Frequency With Which Reviews Are ConductedEvery 2 years, for AFDC cases and for non-AFDC cases when requested; upon request of AP, CP, or guardian, special circumstances to warrant an earlier review

Documents Required in Addition to Mandated Forms & Number of CopiesNeeded

Information found on General Testimony for URESA should be sufficient

MONTANA

A. STATE AT A GLANCE

Program OperationState-administered

Number of Local Offices (excluding Agencies under Cooperative Agreements)5 regional offices; Interstate Enforcement

and Central Registry combined into 1 enforcement regional office

Type of Agencies with Cooperative Agreements5 county attorneys have limited cooperative agreements to work difficult cases; interstate enforcement and central registry combined into 1 enforcement regional office

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18; or earlier if married, in military, or fully financially independent of custodial parent (placement in group home or treatment program does not automatically constitute emancipation); burden of proof on emancipation prior to age 18 is on obligor; some statutes extend support through graduation but no later than age 19

Statutes of Limitation

• Collection of Past Due Support

10 years

• Paternity EstablishmentChild's 18th birthday

•DormancyWarrants for distraint have lifespan of 6 years; can renew easily

GuidelinesModified Melson (statutory authority to adapt guidelines by administrative rules)

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes; through income withholding, state tax intercept, attachment of unemployment or workers' compensation benefits, writs of execution

Pursuit of Unreimbursed Assistance(URA)

No

Limitations on Reducing URA to JudgmentNo

Recovery of Costs for Initiating StateYes, attempt recovery of blood test costs

Recovery of Costs Elected Under State PlanYes; from obligor

State Income TaxYes

Long-Arm Paternity StatuteYes

Domestic Relations Long-Arm StatuteYes

General Long-Arm StatuteYes

Automated Locate ResourcesDrivers' license; Department of Labor records; Unemployment; Worker's Compensation; Welfare; Food Stamps; Fuel assistance; Corporation records; postal checks; previous employer questionnaire; income and property tax records

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 AffidavitNotarization by Notary Public

•Other DocumentsDivorce decree/court order: certification by signature of court records custodian

B. INCOME WITHHOLDING

Income Withholding Terminology

Income withholding

Included IncomeAny source of income in which a pattern of payment can be documented (even once per year); includes rent paid by home/business renters, dividends, etc., as well as usual intercepts (wages, unemployment, workers' compensation benefits).

Fee Charged by Employers$5.00 per month, in addition to ordered amount

Arrearages through Income WithholdingYes

Interstate Income Withholding ProceduresNotice by certified mail or personal service; obligor has 10 days to request hearing based on mistake of fact; all hearings conducted by phone; entire process must be completed within 45 days; modifications and supplemental notices do not allow opportunity to contest previously established arrears; modifications listed in decree/order (cost of living adjustments) do not require additional notice to AP; automatic implementation of foreign withholding order without hearing opportunity

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes

Good Cause Criteria as Exception for Immediate WithholdingWritten determination and explanation by the court or administrative authority as to why implementation of immediate withholding would not be in the best interest of the child, and proof of timely payment of previously ordered support in cases involving the modification of support orders

Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed1 copy each of certified copy of order and all modifications; month-by-month debt computation certified by caseworker; certified copy of pay records if ordered to pay through court or other agency; 1certified copy of existing income withholding order, if any

C. PATERNITY

Uniform Parentage ActYes

Uniform Act on Blood TestingYes

Paternity through URESAYes; through administrative procedures

Interstate Paternity ProceduresAttempt voluntary acknowledgment; conduct blood test; default if 95% or higher; paternity determination or acknowledgment filed with child's birth certificate constitutes presumption. Administrative hearing to compel genetic tests if not voluntary; mother must testify via telephone

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

Yes; 95% or higher

Marriage as Presumption of PaternityYes; if married at time of birth, or marriage was attempted, annulled, or dissolved within 300 days of child's birth

Other Statutory PresumptionsPutative father receives the child, while under the age of majority, into his home and openly holds out the child as his natural child; putative father acknowledges paternity of child in writing filed with Department of Health, Vital Statistics Bureau or with the district court

Recognition of Common Law Marriage

Documents Required in Addition to Mandated Forms and Number of Copies Needed

Yes; if couple holds themselves out to public as married (even for just 1 day); just living together without pretense of marriage not considered common law

1 certified copy of child's birth certificate, 3-page URESA paternity affidavit signed by mother and notarized

Putative Father's Name on Birth CertificateCannot be put on certificate without written acknowledgment of paternity signed by father

Personal Appearance of Witness or Custodial Parent RequiredNo, hearings conducted via telephone

Acceptable Methods of TestimonyTelephone; may need personal appearance if case requires jury trial (extremely rare)

Genetic Testing Contact Point

Central Registry

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsTesting lab documentation (photo, thumbprint)

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes

Yes; contact Central Registry

D. SUPPORT ORDER ESTABLISHMENT

ProcessAdministrative

Interstate ProceduresNotice of Financial Responsibility served by personal service with 20 days to respond; defense limited to proof of parental responsibility; hearings by phone; default if no request for hearing. Decision and order as default and order abstracted to District Court; use mandatory support guidelines; CP must participate in hearing via telephone to determine support if contested

Considered for Setting Support Under GuidelinesSpecial medical needs of the child; cost of providing health insurance for the child; CP's household expenses (for variance); CP's gross and net income/assets; AP's gross and net income/assets; age of child; AP's self support reserves; second family involvement; CP's self support reserves; inflationary factors (for variance)

Criteria for RebuttalEvidence that a child's needs are not being met; a showing that application of the guidelines would be unfair for the child or one of the parties; any consideration of a variance must take into account the best interests of the child

Public Assistance History RequirementsNone required

Contact Point for Public Assistance HistoryCounty welfare office

Documents Required in Addition to Mandated Forms & Number of Copies Needed1 of the following: proof of marriage at time of child's birth; paternity acknowledgment; decree of divorce listing children but not establishing order; birth certificate with AP's name and copy of statute showing paternity presumption; detailed financial information from CP (form provided)

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes; if AP still in MT, send interstate referral form

Preferred Method of EnforcementIncome withholding and tax intercept

Documents Required in Addition to Mandated Forms & Number of Copies Needed 1 certified copy of decree and any modifications; payment history; monthly breakdown of arrears; statement of payments received (notarized) from custodial parent if decree ordered directpayments

F. ORDERS ISSUED IN ANOTHER STATE

Uniform Enforcement of Foreign Judgments ActYes, but not always used

Documents Required in Addition to Mandated Forms & Number of Copies NeededAn authenticated copy of foreign order

URESA ProcedureDo not use; MT uses administrative process for all enforcement and establishment requests

Documents Required in Addition to Mandated Forms & Number of Copies NeededDo not send URESA package

Registration ProcedureNo

Documents Required in Addition to Mandated Forms & Number of Copies Needed

1 certified copy of decree and any modifications; payment history; monthly breakdown of arrears; statement of payments received (notarized) from custodial parent if decree ordered direct payments

Contact Point to Obtain Payment RecordsDependent on order and previous contact with MT IV-D agency; county Clerk of Court (no previous contact); Central Registry (previous contact)

Contact Point to Obtain Copy of OrderCounty Clerk of Court

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureAdministrative process; AP must live in MT; modification request must include request for enforcement services, or active case already initiated. Both parents have hearing rights to contest agency determination; agency represents neither party

Criteria for Review/AdjustmentInconsistency with MT's guidelines, unless the inconsistency is considered negligible under department rules; or availability of health insurance to the obligor's child through the obligor's employment or other group insurance and requirement to obtain insurance is not in existing order

Definition of Change of CircumstancesUpon showing of changed circumstances so substantial and continuing as to make current terms unconscionable; or upon written consent of parties; must have material change of $25 or 25% of existing order; need for health insurance in obligor's order

Frequency With Which Reviews Are ConductedEvery 3 years; upon request of the AP or CP, no more than once a year

Documents Required in Addition to Mandated Forms & Number of Copies NeededDetailed financial information from both parties, forms provided when action initiated

NEBRASKA

A. STATE AT A GLANCE

Program OperationState-administered, local county-operated in most instances

Number of Local Offices (excluding Agencies under Cooperative Agreements)6 regional offices

Type of Agencies with Cooperative AgreementsCounty and authorized attorneys, clerks of the district court, other state agencies and private sector companies for specific services

Reciprocity With Tribal EntitiesYes; Winnebago Tribal Council adopted an Income Withholding Act

Age of Majority for Termination of Support19

Statutes of Limitation

• Collection of Past Due Support

10 years after the youngest child reaches the age of majority (19) or 10 years after the last attempt to enforce on the judgment, whichever is later

• Paternity Establishment4 years after child's birth if brought by mother or alleged father; 18 years after child's birth if brought by guardian or next-friend of child

•DormancyLiens expire 10 years after youngest child reaches age of majority or last attempt at execution; liens can be reinstated; revivor actions can be filed within 10 years

GuidelinesIncome shares

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, through income withholding, garnishment, contempt, IRS collection services

Pursuit of Unreimbursed Assistance (URA)Limited; will not establish orders, will enforce foreign orders if amount orderedis clearly based on child support guidelines and not merely on amount of URA

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 StatuteNo

Domestic Relations Long-Arm StatuteNo

General Long-Arm StatuteYes

Automated Locate ResourcesDepartment of Labor (wage and unemployment data); NEIS (state employees, university and state college employees); Blue Cross/Blue Shield (major insurance companies match); DMV (SSN, address verification); IEV (employment information, Food Stamps, public assistance, social security benefits)

Certification/Notarization

• Uniform Support Petition

Certification by signature of court official

•General Testimony for URESACertification by signature of agency official; notarization 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

Immediate income withholding & initiated income withholding

Included IncomeCompensation paid, payable due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commissions, bonuses, or otherwise, and shall include any periodic payments pursuant to pension or retirement program, dividends and any other income from whatever source derived

Fee Charged by EmployersUp to $10.00 per calendar month

Arrearages through Income WithholdingYes

Interstate Income Withholding ProceduresNE adopted Model Act on Interstate Income Withholding; upon receipt of request by Central Registry, order and documents transmitted to clerk of district court in NE county where withholding sought; acceptance of documents constitutes entry of foreign support order; jurisdiction not conferred for any purpose other than income withholding; within 10 days of entry, county or authorized attorney serves notice of proposed withholding on obligor; obligor entitled to court hearing to contest (if based on NE order, hearing conducted administratively); defenses limited to mistake of fact, lack of jurisdiction over obligor by State rendering order, order obtained by fraud; statute of limitations which precludes enforcement of all or part of arrearage; if no hearing requested or if court determines obligee entitled to income withholding under law of jurisdiction which issued foreign support order, court issues order to employer or other payor

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes

Good Cause Criteria as Exception to Immediate WithholdingWritten determination and explanation by the court why immediate withholding would not be in the best interest of the child; proof of timely payments of previously ordered support by AP in cases involving the modification of support orders; agreement by the AP to keep the IV-D agency apprised of his/her employer and provide information on any employment related health insurance available; or a written agreement between the parties, reviewed by the court and entered into the record, signed by both parties to the court order, and by the State and agreement by the AP to keep the IV-D agency apprised of his/her employer and provide information on any employment related health insurance available in IV-D cases where there is an assignment of support rights to the State

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of foreign support order with all modifications; certified copy of income withholding order or notice, if any, still in effect; copy of portion of income withholding statute of jurisdiction which issued support order which states requirements for obtaining an income withholding order or notice under law of such jurisdiction; sworn statement of obligee or certified statement of requesting agency of arrearages of child or spousal support payments and assignment of support rights, if any; statement of name, address, and Social Security number of obligor, if known; statement of name and address of obligor's employer or other payor or of any other source of income of the obligor derived in NE from which income withholding is sought; statement of 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 TestingYes

Paternity through URESAYes; if child is at least 4 years old, action must be brought by State and not mother

Interstate Paternity ProceduresSend request to Central Registry; case forwarded to local office handling case; consent orders attempted; genetic tests conducted; order establishing paternity and support entered

Consent Orders ObtainedYes, through acknowledgments and stipulations

Presumption of Paternity Standard Based on Test Results

No

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsSigning an acknowledgment of paternity

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededURESA Action Request Form, Petition, Testimony, alleged father location and employment information, paternity affidavit, designation of genetic testing laboratory (if applicable); if obligor asserts defense of non-paternity and it appears to court defense is not frivolous and if both parties are present or proof required indicates presence of either or both parties is not necessary, court may adjudicate paternity issue; otherwise court may adjourn RURESA hearing until paternity has been adjudicated; alleged father entitled to jury trial on paternity issue at his request

Putative Father's Name on Birth CertificateNot allowed unless court finds him to be father and directs Bureau of Vital Statistics to place his name on child's birth certificate, or if alleged father acknowledges paternity, stipulates to entry of order and authorizes Vital Statistics to amend certificate; order required

Personal Appearance of Witness or Custodial Parent RequiredNo, unless case is contested; if testimony required to obtain order for genetic testing, usually interrogatories or deposition can be used

Acceptable Methods of TestimonyInterrogatories, depositions; although videotaped testimony or teleconferencing have not been used, use is not precluded

Genetic Testing Contact Point

NE Central Registry, enforcing county or authorized attorney, or contracting genetic testing facilities

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsAffidavit identifying chain of possession, photos of parties; may be introduced by verified written report unless request for personal testimony of the expert at least 30 days prior to the trial.

Assistance to Others States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; contact Central Registry

Yes, contact Central Registry

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial (including expedited judicial process)

Interstate ProceduresSend documents to Central Registry; documents transmitted to clerk of districtcourt in local county, case docketed, prosecuting attorney notified; prosecutor takes all action necessary to enable court to obtain jurisdiction over obligor and property; hearing time and place set; if obligor denies duty of support and offers evidence constituting defense, court upon request of either party, shall continue hearing to permit evidence relative to duty adduced by deposition or personal appearance; NE guidelines apply

Considered for Setting Support Under GuidelinesCost of providing health insurance for the child; CP's gross income; AP's gross income; deductions for other child support obligor is ordered to pay, taxes, mandatory retirement payments, and union dues

Criteria for RebuttalExtraordinary medical costs of either parent or child; special needs of a disabled child; if total net income exceeds $8000 monthly, child support for amounts in excess of $8000 monthly may be more but shall not be less than the amount which would be computed using the $8000 monthly income unless other permissible deviations exist; juveniles placed in foster care; whenever application of the guidelines in an individual case would be unjust or inappropriate

Public Assistance History RequirementsItemized monthly public assistance payment history with grand total

Contact Point for Public History AssistanceNE Central Registry

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of standardized interstate forms including financial information regarding custodian

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementIncome withholding

Documents Required in Addition to Mandated Forms & Number of Copies Needed Referral based on a NE order requires only a completed Interstate Transmittal form; copies of order and pay records will expedite enforcement

Contact Point to Obtain Payment RecordsNE Central Registry

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 copies of standardized interstate forms, including 3 certified copies of order issued by another court evidencing duty of support

URESA ProcedureSend documents to central registry; documents transmitted to clerk of district court in local county, case docketed, prosecuting attorney notified; prosecutor takes all action necessary to enable court to obtain jurisdiction over obligor and property; hearing time and place set; if obligor denies duty of support and offers evidence constituting defense, court upon request of either party, shall continue hearing to permit evidence relative to duty adduced by deposition or personalappearance; NE guidelines apply

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of standardized pleadings

Registration ProcedureSend required documents to Central Registry; forwarded to clerk of district court in local county; upon receipt of documents, clerk of court files then in Registry of Foreign Support Orders; filing constitutes registration; clerk promptly sends notice of registration, copy of registered support order, and post office address of obligee by certified or registered mail to obligor; case docketed, prosecutor notified and shall proceed diligently to enforce; within 20 days of mailing of notice, obligor may petition court to vacate registration or other relief; if obligor does not petition, registered order confirmed; order has same effect and subject to same procedures, defenses, proceedings for reopening, vacating, or staying as a NE support order; at hearing to enforce registered order, obligor may present only matters available to obligor 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 with all modifications, 1 copy of reciprocal enforcement of support act of State in which order was made; and statement signed by obligee showing post office address of obligee, last known place of residence of obligor, amount of support remaining unpaid, description and location of any property of obligor in NE available upon execution, and list of States in which order is registered

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureJudicial process involving motion to modify, service of process, answer, hearing, and order; modification retroactive only back to date of service of motion to modify

Criteria for Review/AdjustmentCase is IV-D; request is for the modification of child support, or to include health insurance; the request does not include modification of spousal support, custody, or visitation; the order has not been reviewed by the Department in the last 2 years; the order is for current support; the order is not a tribal order; the order is not for income withholding only; the order is an active NE order; the obligor is not institutionalized or incarcerated; at least one parent is in NE; the last child in the order will not be emancipated within 12 months; financial circumstances have lasted 6 months and can reasonably be expected to last an additional 6 months

Definition of Change of

CircumstancesMaterial change in circumstances, each case evaluated on its own merits for good cause shown

A rebuttable presumption of a material change is created by a variation of 10% from current amount if based on financial circumstances that have lasted 6 months and can reasonably be expected to last an additional 6 months

Frequency With Which Reviews Are ConductedUpon request of AP, CP, or guardian but no more often than every 2 years

Documents Required in Addition to Mandated Forms & Number of Copies NeededCurrent income or financial statement of custodial parent and an indication of current income for absent parent; sufficient data to convince court a material change in circumstances exists/occurred

NEVADA

A. STATE AT A GLANCE

Program OperationState supervised: state and county operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)4 State offices: Carson City, Las Vegas, Reno, and Elko

Type of Agencies with Cooperative Agreements17 County District Attorneys, 16 are under cooperative agreement; 9 judicial districts for Court Masters

Reciprocity With Tribal EntitiesNo

Age of Majority for Termination of Support18; 19, if still in high school

Statutes of Limitation

• Collection of Past Due Support

None if order exists; if no order, retroactive support may be requested back 4 years

• Paternity Establishment3 years beyond age of majority of child

•DormancyNone

GuidelinesGross income of obligor

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, through real property liens and income withholding

Pursuit of Unreimbursed Assistance (URA)Yes, only if there is an order for support

Limitations on Reducing URA to JudgmentYes, URA judgments cannot exceed accrued arrears, can request up to 4 years of past support on paternity matters, separation matters, where divorce is silent, or where no order exists

Recovery of Costs for Initiating StateNo

Recovery of Costs Elected Under State PlanNo

State Income TaxNo

Long-Arm Paternity StatuteYes

Domestic Relations Long-Arm StatuteNo

General Long-Arm StatuteYes, but not used for domestic relations

Automated Locate ResourcesEmployment Security Department, Department of Motor Vehicles

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

•Paternity AffidavitNotarization by Notary Public

•Other DocumentsSupport Order - Certification by signature of court official

Statement of Arrears for Income Withholding-Certification by signature of court official

B. INCOME WITHHOLDING

Income Withholding TerminologyIncome Withholding

Included IncomeWages, commissions, annuities, unemployment compensation, disability benefits, retirement benefits, return of contributions or interest money due another person or other entity due to obligor's death

Fee Charged by Employers$3.00 per withholding

Arrearages through Income WithholdingYes; if no arrearage monthly amount specified, 10% of current monthly support obligation is taken to satisfy arrears; if child emancipated, amount ordered for current monthly support is used to satisfy arrears

Interstate Income Withholding ProceduresProcessed through Central Registry to appropriate District Attorney's Office; notice to responsible parent allowing 15 days to contest makes Interstate Order an Income Withholding Order

Enforcement of Another State's Order Against Income/Assets When Obligor Does Not Reside In Your StateYes; when obligor works in NV

Good Cause Criteria as Exception to Immediate WithholdingNo

Documents Required in Addition to Interstate Transmittal Form and Number of Copies NeededCertified copy of support order with any modification; certified copy of any order to withhold wages; copy of initiating State's statutes on withholding; sworn statement of person to whom support is owed or certified statement of agency stating amount of delinquent support, assignment of rights, and physical custodian of children; statement of name, address, and Social Security number of absent parent; name and address of employer/ income source; name and address of where to transmit amounts withheld

C. PATERNITY

Uniform Parentage ActYes

Uniform Act on Blood TestingYes

Paternity through URESAYes

Interstate Paternity ProceduresAcknowledgment filed; informal hearing process and recommendation; trial if requested

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

No

Marriage as Presumption of PaternityYes

Other Statutory PresumptionsCohabitating 6 months prior to and through period of conception; while child is under the age of majority, alleged father receives the child in his home and holds child out to be his natural child; alleged father acknowledges or admits his paternity in writing that is filed with State Registrar of Vital Statistics

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededChild's birth certificate and any available evidence relevant to paternity issue

Putative Father's Name on Birth CertificateWritten, witnessed maternal and paternal consent, or court order ordering that birth certificate be changed

Personal Appearance of Witness or Custodial Parent RequiredVaries, depending on circumstances and responding jurisdiction

Acceptable Methods of TestimonyWritten testimony

Genetic Testing Contact Point

Coordinated through District Attorney/administrative offices

Recovery of Genetic Testing Costs for Other StatesYes

Documentation Required for Admissibility of Genetic Testing ResultsAffidavits and/or verbal testimony of testing experts

Assistance to Other States Using Their Long-Arm Statutes

Service of Process

Genetic Testing

Yes; contact county District Attorney's office

Yes; contact county District Attorney's office

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial and administrative hearings

Interstate ProceduresApplication of State guidelines to establish a support amount based on percentage of absent parent's gross monthly income; establish immediate income withholding; absent parent must provide health insurance if available at reasonable cost

Considered for Setting Support Under GuidelinesAP's gross income/assets

Criteria for RebuttalCost of health insurance; cost of child care; special educational needs of the child; age of child; responsibility of parents for the support of others; value of services contributed by parents; public assistance paid for support of child; mother's pregnancy and confinement costs; transportation to and from visitation providing CP moved from original jurisdiction and AP remained; time child spends with each parent; other necessary expenses for the child; relative income of both parents

Public Assistance History Requirements Monthly history

Contact Point for Public AssistanceHistory

NV State Welfare Division's Office

Documents Required in Addition to Mandated Forms & Number of Copies NeededCopy of initiating State's URESA law required

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes, if absent parent resides in NV; income withholding action must be initiated by other State

Preferred Method of EnforcementIncome withholding if employed

Documents Required in Addition to Mandated Forms & Number of Copies Needed Income withholding: 1 copy of support order or order to withhold; 1 certified statement of arrears; if AFDC case, copy of assignment of support rights; copy of initiating State's law on income withholding; URESA: 3 certified copies of support order and copy of the initiating State's URESA law

Contact Point to Obtain Payment RecordsCounty District Attorney's office

Contact Point to Obtain Copy of OrderSame as above

F. ORDERS ISSUED IN ANOTHER STATE

Uniform Enforcement of Foreign Judgments ActYes, but outside function of the IV-D Program

Documents Required in Addition to Mandated Forms & Number of Copies NeededNone

URESA ProcedureCase processed through Central Registry to appropriate District Attorney's office;hearing before master/administrative hearing officer; arrears reduced to judgment; immediate income withholding ordered; provision for health insurance ordered; judgments filed with County Clerk

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of support order; 1 copy of initiating State's URESA law; and 1 copy of assignment of support rights

Registration ProcedureClerk of Court files required documents, which constitutes registration; obligor sent copy of registered support order and address of obligee; Clerk dockets case and notifies District Attorney who enforces order

Documents Required in Addition to Mandated Forms & Number of Copies Needed 3 certified copies of support order with all modifications; 1 copy of URESA law for State in which original order was obtained; obligee's statement showing obligee's address, obligor's address, amount of support remaining unpaid, description and location of obligor's property; listing of States in which order is registered

G. REVIEW AND ADJUSTMENT OF ORDERS

ProcedureRegistration of Foreign Support Order

Criteria for Review/AdjustmentOrder being enforced in NV; order is at least 3 years old (if AFDC); requested by AP, CP/guardian or IV-D agency, who must provide documentation of change of circumstances, i.e. change in income which warrants a 10% increase or decrease in support order, this change is at least $25 per month, and is anticipated to last 6 months or longer; availability of health insurance

Definition of Change of CircumstancesSubstantial change in income or financialstatus; minor reaching majority; medical support issues

Frequency With Which Reviews Are ConductedEvery 3 years (effective 10/93 for NV AFDC cases); upon request of the AP, CP, or guardian for non-AFDC cases, or upon the request of interstate IV-D agency for out-of-state AFDC

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 certified copies of order with all modifications; one copy of reciprocal enforcement of support act of State in which order was made; and statement verified and signed by obligee showing: 1) post office address of obligee, 2) last known residence and post office address of obligor, 3) amount of support remaining unpaid, 4) description and location of obligor's property available upon execution, 5) list of all States in which the order is registered

NEW HAMPSHIRE

A. STATE AT A GLANCE

Program OperationState-operated

Number of Local Offices (excluding Agencies under Cooperative Agreements)

10 county offices

Type of Agencies with Cooperative Agreements

Reciprocity With Tribal Entities Department of Employment Security and Administrative Office of Court

No

Age of Majority for Termination of Support18; unless children are declared legally dependent beyond that age due to mental or physical disability or unless court has otherwise ordered support to continue beyond age 18

Statutes of Limitation

• Collection of Past Due Support

20 years on adjudicated arrearages

• Paternity EstablishmentChild's 19th birthday

•DormancyNone

GuidelinesIncome shares using statutorily determined NH formula

Arrearage Collections on Behalf of Non-minor

Child(ren)Yes, if custodial parent applied for IV-D services prior to child's 18th birthday; will not accept applications from first time applicants for IV-D services with no minor children

Pursuit of Unreimbursed Assistance (URA)Yes

Limitations on Reducing URA to JudgmentYes; 6 year statute of limitations on unadjudicated public assistance debts

Recovery of Costs Elected Under State Plan No

Recovery of Costs for Initiating StateNo

State Income TaxNo

Long-Arm Paternity StatuteYes

Domestic Relations Long-Arm StatuteYes

General Long-Arm StatuteYes

Automated Locate ResourcesDepartment of Motor Vehicles; Department of Employment Security; Unemployment Compensation Division of Public Assistance/Food Stamps; Automated locate system

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 DocumentsNon-AFDC client's arrearage statement: notarization by Notary Public

B. INCOME WITHHOLDING

Income Withholding Terminology

Wage assignment

Included IncomeAny form of payment to an individual regardless of source, including, but not limited to wages, salary, commissions, and bonuses, compensation as an independent contractor, workers' compensation benefits, annuity, pension or retirement benefits, disability plans, and unemployment compensation

Fee Charged by Employers$1.00 per transaction

Arrearages through Income WithholdingYes; no less than 20% of amount ordered for support

Interstate Income Withholding Procedures

Enforcement of Another State's Order

Against Income/Assets When Obligor Does

Good Cause Criteria as Exception to

Immediate WithholdingRequests from other states are subject to NH wage withholding laws and procedures; all orders enforced and administered by OCES which are effective or modified on or after 7-14-89 are subject to immediate wage withholding except when there is a written agreement between the payor and payee for an alternative method of payment or the court or administrative body finds there is good cause not to require such withholding; immediate wage withholding orders are implemented upon request; wage withholding is implemented on orders prior to 7-14-89 when the arrearage accrues to equal or exceed 1/12th of the yearly support order or upon request of payor; wage withholding is implemented on ongoing support; however, once imposed, except for voluntary assignment, it will continue until obligation is terminated and all arrearages are paid

Yes

Yes; by mutual consent of the parties, or by court order

Documents Required in Addition to Interstate Transmittal Form and Number of Copies Needed

Interstate transmittal; child(ren)'s name(s), date(s) of birth; note: children must be under 18 years; agency address where to send payments; certified statement of arrears; employer name and address; Social Security number of responsible parent; 3 certified copies of court order; amount and frequency of income to withhold; copy of rendering State's wage withholding law

C. PATERNITY

Uniform Parentage ActYes

Uniform Act on Blood TestingNo

Paternity through URESAYes

Interstate Paternity ProceduresURESA petition filed in Superior Court in respondent's county of residence; county attorney will accept voluntary admissions or obtain court order for blood tests; initiating State responsible for scheduling tests and for initial costs; upon determination of paternity, court issues support order based on NH guidelines; order enforceable by Division of Human Services, OCSES; will accept stipulated paternity, paternity by default and in contested suits paternity established by rebuttable presumption of paternity with use of HLA blood tests; absent parent contacted to obtain voluntary acknowledgment of paternity and stipulation or absent parent served with pleading and requested to voluntarily acknowledge paternity; court must order genetic tests in cases of contested paternity; court makes finding of paternity based on stipulation or evidence presented; service of judgment available if HLA or other scientific tests show probability of paternity of 97% or greater

Consent Orders ObtainedYes

Presumption of Paternity Standard Based on Test Results

Yes; 97% or greater rebuttable presumption

Marriage as Presumption of Paternity

Other Statutory PresumptionsYes

Yes; effective November, 1990 statute provides for voluntary acknowledgment of paternity.

Recognition of Common Law MarriageNo

Documents Required in Addition to Mandated Forms and Number of Copies NeededNone

Putative Father's Name on Birth CertificatePutative father's name included on birth certificate if father signs birth certificate at time of birth or within 1 year of birth; when court adjudicates paternity, father's name not automatically entered on child's birth certificate; however, name may be added by providing copy of order and request to clerk of county where child was born, if child was born outside of NH it is responsibility of principals or outside agency to complete process for entering father's name on birth certificate

Personal Appearance of Witness or Custodial Parent Required

No; not in URESA hearings

Acceptable Methods of Testimony

Genetic Testing Contact Point

Recovery for Genetic Testing Costs for

Other States

URESA Petition, General Testimony and upon judicial requests, depositions and interrogations

Interstate Central Registry Coordinator at State office

Yes

Documentation Required for Admissibility of Genetic Testing Results

Assistance to other States Using Their

Long-Arm Statutes

Service of Process Genetic Testing

Test results; opinions of professionals; verification of blood samples; photos, signatures, fingerprints

Yes, Interstate Central Registry will identify the appropriate sheriff

Yes, Interstate Central Registry

D. SUPPORT ORDER ESTABLISHMENT

ProcessJudicial process

Interstate Procedures

Considered for Setting Support Under

Guidelines

Criteria for Rebuttal Court establishes order based on NH guidelines

Special 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; AP's gross income/assets; AP's net income/assets; AP's self support reserves; and second family involvement (special circumstance)

A written finding or a specific finding by the presiding officer on the record that the application of the guidelines would be unjust or inappropriate in a particular case as determined by using the State's criteria, shall be sufficient to rebut the presumption in such case

Public Assistance History Requirements

Contact Point for Public Assistance History Monthly payment breakdown with annual grant totals

OCSE Interstate Unit

6 Hazen Drive

Concord, NH 03301

(603) 27l-4427

Documents Required in Addition to Mandated Forms & Number of Copies Needed3 copies of child's birth certificate; 3 copies of court order and modifications; certified statement of arrearages; certified statement of public assistance paid

E. ENFORCING YOUR OWN ORDER

Enforcement of Existing Instate Order when Family Lives in Another StateYes

Preferred Method of EnforcementWage withholding

Documents Required in Addition toMandated Forms & Number of Copies Needed

Contact Point to Obtain Payment Records

Contact Point to Obtain Copy of Order

Interstate Transmittal; in cases wherecustodial parent has received direct payment from absent parent, need notarized statement from custodial parent of such payments; if AFDC-related certified statement of arrearages completed by initiating IV-D agency; 1 copy of initiating State's statutes

OCSE Interstate Unit

6 Hazen Drive

Concord, NH 0330l

(603 27l-4427

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 ProcedureSend documents to NH central registry; documents transmitted to clerk of superior court in local county, case docketed, prosecuting attorney notified; prosecutor takes all action necessary to enable court to obtain jurisdiction over obligor and property; hearing time and place set; if obligor denies duty of support and offers evidence constituting defense, court upon request of either party, shall continue hearing to permit evidence relative to duty adduced

by deposition or personal appearance; NH guidelines apply

Documents Required in Addition to Mandated Forms & Number of CopiesNeeded

Federal URESA forms; 1 copy of initiating State's statutes; copies of anyand all pre-existing orders and modifications

Registration ProcedureOrder registered in absent parent's county of residence; absent parent has right to hearing to contest registration; absent parent has right to hearing which can address all issues in order; order becomes an order of NH

Documents Required in Addition to Mandated Forms & Number of Copies Needed Letter of intent to register order signed by custodial parent; 3 certified copies of original order plus any and all modifications; certified arrearage statement; listing of States where order is currently registered; 1 copy of initiating State's statute

G. REVIEW AND ADJUSTMENT OF ORDERS

Procedure

Criteria for Review and Adjustment Use URESA process

Increase or decrease in either party's income, lasting 3 months or more that results in a plus or minus 20% in the order amount when the guidelines amount is computed; no medical support included in original order and payee requests medical insurance; payor/payee demonstrate income affected by special circumstances not present when original order was issued

Definition of Change of Circumstances

Frequency With Which Review are Conducted Change must be permanent, involuntary, and substantial

Upon request of the AP, CP or guardian

Documents Required in Addition toMandated Forms & Number of Copies Needed

Federal URESA request forms; petitionincluding financial statement; affidavit asserting and identifying change in circumstance; 1 copy of initiating State's interstate statute

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