CASE INITIATION

CS 104P-3 Support Follows the Child Contesting Options

06/12/03  Revised 06/29/16  Training Completed 07/13/16

U.C.A. 78B-12-102, 78B-12-108, 78B-12-113, 78B-12-205, and 78B-12-212; R527-200

 

 

In a sole custody order case, if physical custody of all of the children in the order changes from what is originally stated in the judicial support order (except in specified relative cases), the child support obligation of the parent (or parents) who does not have physical custody may be due and payable.  When this occurs, the agent assigned to the case is responsible to determine if the support follows the child statute applies and send the “Notice of Child Support Obligation Due to Physical Custody Change” to the parent who is the new non-custodial parent.  The letter notifies the “new NCP” of the child support obligation.

 

 

Non-custodial Parent’s Options

 

When the NCP receives the “Notice of Child Support Obligation Due to Physical Custody Change,” s/he may:

 

1.                   do nothing and allow the Office of Recovery Services/Child Support Services (ORS/CSS) to collect the current support obligation;

 

2.                   contest the child support obligation amount by making a written request for an administrative review or adjudicative proceeding under UAPA on the “Written Request for Review: Obligation”;

 

3.                   contest the change in physical custody or that the change was voluntary.  Refer to the “Contesting the Change in Physical Custody” section below; or,

 

4.                   take the matter to court.  Refer to the “Court Action Filed Procedures” section below.

 

 

Contesting the Change in Physical Custody

 

If the NCP is disputes the change in physical custody or claims that the change was voluntary, follow the procedures below.

 

1.                   IV-A case – as long as the family has been found eligible to receive cash assistance, Medicaid and/or child care by the Department of Workforce Services (DWS), CSS will in general deem that the children are now living with the parent receiving cash assistance, Medicaid and/or child care based on the DWS finding of eligibility.

However, if the NCP disputes the determination of DWS, you may need to confirm whether the change in physical custody was voluntary, i.e., not simply the other parent exercising extended parent-time.

 

2.                   Non-IV-A case – determine if the parties are in agreement that physical custody of the child(ren) has changed.  If there is any dispute in the custody arrangement, the parents must resolve the custody issue and/or go to court to obtain legal custody before CSS will close an existing child support case and begin enforcing the obligation of the parent who no longer has physical custody. 

 

 

Administrative Review Procedures

 

The NCP may contest the current support obligation after receiving the Notice of Child Support Obligation Due to Physical Custody Change by requesting an “administrative review.”  An administrative review is outside the formal RAA/UAPA process and gives an individual the option to try to resolve disputed issues informally with CSS.   The person receiving the notice must contact CSS within 15 days of the date of the notice to request a non-UAPA administrative review. 

 

If an administrative review is requested, the designated Senior Agent on the team where the case is currently assigned will conduct the review to try to resolve the issue(s) informally.  The Senior Agent must complete the review as soon as possible by taking all of the steps listed below.

 

1.                   Determine the case(s) in dispute.  If the NCP has more than one CSS case, determine the appropriate case (or cases).  If more than one case is involved, handle the review for each case separately.

 

2.                   Review the case actions.  During the review time period, suspend all enforcement and collection actions until the review process has been completed.  If no enforcement and/or collection actions have been taken, do not start any until the review process has been completed. 

 

3.                   Gather evidence.  Verify that a copy of the most current order and Guidelines Worksheet has been imaged in Content Manager.  If necessary, contact the NCP to discuss the evidence.  The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence.  

 

The NCP does not need to appear in person to present or dispute evidence, but may choose to appear in the office.  If an attorney has been retained, s/he may also appear.  If the “Request for Review: Non-cooperation” has been marked to indicate that the NCP wants to appear in person at the review, send the “Request for Review Appointment Letter” to him/her.  The letter informs the applicant/recipient of the date and time of the review.  If the NCP has retained an attorney, s/he may also attend the review. 

4.                   Make a determination.  Review the available facts and evidence and determine if the NCP’s claims are valid. 

 

5.                   Generate the “Response to Request for Review: Obligation.” 

a.                   Generate and send this form to the NCP along with the “Written Request for Review: Obligation” to allow the NCP the opportunity to request an adjudicative proceeding. 

 

NOTE:  When/if the applicant/recipient has more than one case involved in the review, generate a separate form for each case. 

The forme provides the NCP with:

i.                     the results of the administrative review; and,

ii.                   explains the NCP’s options for appeal.  The NCP may appeal the decision by making a written request for an adjudicative proceeding or by filing a court action.

b.                  Mail the documents to the NCP by first-class mail.

 

6.                   Take the appropriate follow-up action.  Depending on the outcome of the review, take the next appropriate follow-up action; e.g., updating ORSIS, sending a Notice to Withholding Income for Child Support, etc.   

 

7.                   Write a case narrative.  Write a detailed narrative for each case reviewed.  Include the determination and all actions taken.

 

 

Adjudicative Proceeding Procedures

 

The person receiving the “Notice of Child Support Obligation Due to Physical Custody Change” may request an adjudicative proceeding under UAPA within 15 days of receiving the notice or within 15 days of receiving the senior agent’s “Response to Request for Review.”

 

If an adjudicative proceeding is requested, the responsible agent or Presiding Officer on the team where the case is currently assigned or the Children In Care Associate Regional Director is responsible to complete the following: 

 

1.                   Review the case for appropriate collection and enforcement actions.  During the review time period, suspend all enforcement and collection actions until the review process has been completed.  If no enforcement and/or collection have been taken, do not start any until the adjudicative review process has been completed. 

 

2.                   Compile the state’s evidence.  Gather the facts and evidence from the CSS case narratives and any decessary documents from Content manager records and present it to the PO.  The Quality Assurance Specialist/CIC ARD is the PO.

 

3.                   Presiding Officer responsibilities.

a.                   Gather the non-custodial parent’s evidence.  Obtain a copy of the most current order and Guidelines Worksheet.  The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence.  

b.                  Notify the other party and gather the other party’s evidence, if appropriate.   Send the “Custodial Parent Notice of Adjudicative Proceeding” to the Other Party by first class mail.  The notice informs the other party of the proposed action and invites him/her to present their own evidence or documentation.  The notice is optional on IV-A cases and is not required on Children in Care (CIC) cases.

The other party does not need to appear in person to present or dispute evidence or documentation, but may choose to appear, with the contesting party or separately, to review and dispute the other’s evidence.

 

If the NCP marks the “Request for Review: Obligation Based on Physical Custody Change” to appear in person , send the “Request for Review Appointment Letter”.  The letter informs the NCP of the date and time of the review.

c.                   Make a determination and issue a Decision and Order. 

i.                     Review all of the facts and evidence presented by the agent, the requesting party and the other party to make a determination. 

ii.                   Generate and issue a “Decision and Order: Adjudicative Proceeding, Obligation” for each case.  Select the options on the order that correspond to the action being reviewed.  The order notifies the NCP of:

A.                  the adjudicative proceeding decision; and,

B.                  of his/her options for appeal.  The NCP may request reconsideration of the Decision and Order or file a court action.  For more information on both of these options, refer to the appropriate corresponding sections below.

d.                  Process the Decision and Order.

i.                     Sign and date the order.  The order allows 20 days form the date of the order to request reconsideration of the determination.  Include the “Decision and Order Cover Letter”).

ii.                   Mail by first class mail or deliver a copy of the forms to the NCP personally.

iii.                  Mail by first class mail a copy of the order and the “Courtesy Copy of Administrative Order”to the CP. 

iv.                 Mail by first class mail a copy of the forms to the:

A.                  NCP’s attorney, if s/he is represented by legal counsel; and/or,

B.                  the initiating state on an incoming interstate case.

e.                  Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action; e.g., update ORSIS, send new or modified forms that may be necessary based on the determination, send a “Notice to Withhold Income for Child Support”, etc. 

f.                    Write a case narrative.  Document the rationale used for making the decision based on the facts and evidence and any follow-up action taken on the case. 

A Decision and Order that has been issued by CSS is subject to reconsideration if the NCP makes a written request within 20 days after the Decision and Order was issued.  For more information, refer to the corresponding section below.

 

 

Reconsideration Procedures

 

“Decision and Orders” that have been issued by CSS are subject to reconsideration if a written request is made within 20 days of issuing the “Decision and Order”.  A reconsideration request does not have a specific form, but it must be in writing and must state the specific grounds for which relief is sought. 

 

If you receive a request for reconsideration, forward the request to the Presiding Officer responsible for the “Decision and Order.”  The PO is responsible for taking the steps listed below.

 

1.                   Review the case for appropriate actions.  During the review time period, suspend all enforcement and collection actions until the review process has been completed.  If no enforcement and/or collection have been taken, do not start any until the review process has been completed. 

 

2.                   Grant or deny the reconsideration request. 

a.                   Deny Reconsideration:  If you deny the request for reconsideration, complete the following:

i.                     issue the “Order: RAA Reconsideration Denied/ “Order: RAA Reconsideration Denied”.  Sign and date the order. 

ii.                   Mail a copy of the order to the NCP and the other party.  Include the “Courtesy Copy of Administrative Order”. 

 

NOTE:  The order provides the NCP with his/her options for appeal.

 

If the request for reconsideration is denied; i.e., the original “Decision and Order” stands, resume all collection and enforcement activity as appropriate.

b.                  Grant Reconsideration:  If you grant the request for reconsideration, complete the following:

i.                     issue the “Order: RAA Reconsideration Granted/“Order: RAA Reconsideration Granted”.

 

NOTE:  The order provides the NCP with his/her appeal options.

ii.                   Review the facts and evidence of the case, as well as any new pertinent information received from the applicant/recipient. 

iii.                  Issue the “Order Based on Reconsideration: Non-cooperation”.  The order affirms or amends the original “Decision and Order”. 

 

NOTE:  A conference may be conducted to facilitate full reconsideration.

iv.                 Mail by first class mail or deliver a copy of the order personally to the NCP.

v.                   Mail by first class mail a copy of the forms to the other party.  Include the “Custodial Parent Notice of Reconsideration”.  This notice informs the other party that reconsideration has been granted and invites the other party to present any new or additional information.  The letter is optional on IV-A cases and is not required on FC/YC cases.

The NCP and custodial parent (CP) are not required to appear in person to present the new evidence, but they may choose to appear, separately or together, and with their respective attorneys, to review and dispute each other’s evidence.

vi.                 Mail by first class mail a copy of the order to the:

A.                   NCP/CP’s attorney if s/he is represented by legal counsel; and/or,

B.                  sthe initiating state on an incoming interstate case.  

If the request for reconsideration is granted, resume collection/enforcement activity on these cases AFTER the original order is replaced with an “Order Based on Reconsideration: Obligation”.

c.                   Neither Grant nor Deny Reconsideration:  If the request for reconsideration is not granted or denied within 20 days, the request is considered denied and the original “Decision and Order” stands.

 

3.                   Take the appropriate follow-up actions.  Depending on the outcome of the review, take the nest appropriate follow-up action(s).  For example, update ORSIS, send a “Notice to Withhold Income for Child Support”, etc.

 

4.                   Write a case narrative.  Document all actions taken on the case and the reason(s) for those actions.

 

If the NCP wants to appeal the reconsideration decision or the new order based on reconsideration, s/he may file a court action.  Reconsideration is not a prerequisite for a court action. 

 

 

Court Action Filed Procedures

 

The NCP may choose to file his/her own court action instead of, or in addition to, requesting an administrative review or an adjudicative proceeding.  The NCP must provide CSS with evidence that an action has been filed. The evidence of the filing will generally be notice of the legal pleadings.  Once you are notified of the filing, send a referral packet to the Attorney General’s Office (AGO). 

 

Suspend enforcement and collection actions until the matter is resolved.