UIFSA

CS 151P Duties and Federal Timeframes

10/96 Revised 11/19/15 Training Completed 07/15/15

42 USC 654b(c)(1); 45 CFR 303.7; U.C.A. 78B-14-203, 302, 78B-14-304, 78B-14-305, 78B-14-306, 78B-14-307, 78B-14-309, 78B-14-310

 

 

Statutory Authority

 

The Office of Recovery Services/Child Support Services (ORS/CSS) is required to perform various interstate functions under UIFSA.  For example, CSS may act as an initiating and/or responding support enforcement agency, a state information agency, or an administrative tribunal.  Some of the duties required under these functions must be carried out within specific timeframes.

 

Pursuant to Utah Code Annotated (U.C.A.) 78B-14-203 Initiating and responding tribunal of state.

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.”

 

Some of the duties required under these functions must be carried out within specific timeframes.

 

 

Procedures - CSS Duties as Initiating State

 

When the initiating agency sends a petition/referral the Child Support Enforcement Transmittal #1 - Initial Request to another state, U.C.A. 78B-14-304(1) requires that the agency send the petition and its accompanying documents to the CRU or appropriate tribunal in the responding state:

“Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(a) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(b) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.”

If CSS is sending a petition/referral to the other state and there is only one support order,  and the other state is CSENet active, determine if medical support is ordered and who is responsible to provide the insurance.  If the order requires something other than just the NCP to provide insurance; e.g., both, either/or, or custodial parent (CP), send a CSENet narrative along with the referral to notify the other state that there is a valid order for insurance and indicate which party is required to provide the insurance.    

 

Pursuant to U.C.A. 78B-14-304(2):

If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request, the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.”

 

 

Initiating State (Outgoing Intergovernmental) Timeframes

 

The federal timeframes listed below apply to initiating interstate services.  There are four outgoing interstate timeframes:

 

1.                   Intergovernmental Referral - 45 CFR 303.7(c)(4): 

Within 20 calendar days of completing the actions required in paragraphs (1) through (3) and, if appropriate, receipt of any necessary information needed to process the case:

(i) Ask the appropriate intrastate tribunal, or refer the case to the appropriate responding State IV-D agency, for a determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and

(ii) Refer any intergovernmental IV-D case to the appropriate State Central Registry, Tribal IV-D program, or Central Authority of a country for action, if one-state remedies are not appropriate;”

 

The 20 day timeframe begins when:

a.                   You determine a two-state action is needed;

b.                  The NCP has been located; and,

c.                   You have received all necessary information to process the case.

 

2.                   Additional Requested Information - 45 CFR 303.7(a)(6) :

Within 30 working days of receiving a request, provide any order and payment record information requested by a State IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the State IV-D agency when the information will be provided;”

 

3.                   New Information - 45 CFR 303.7(a)(7): 

Notify the other agency within 10 working days of receipt of new information on an intergovernmental case;”

 

NOTE:  “New information” included but is not limited to a new order, a new payment plan; e.g., a change/adjustment in debt(s) - new information known only to Utah, an upcoming scheduled hearing, and in a post order case a change of address for the NCP (the other state may need the address to notify the NCP of Federal Tax Intercept).

 

4.                   Review of Child Support Order - 45 CFR 303.7(c)(9): 

Send a request for review of a child support order to another State within 20 calendar days of determining that a request for review of the order should be sent to the other State and of receipt of information from the requestor necessary to conduct the review in accordance with section 466(a)(10) of the Act and § 303.8 of this part;”

 

 

Procedures - CSS Duties as Responding State

 

When responding to a request for services from another state or individual, CSS is responsible for the following duties and responsibilities in accordance with U.C.A. 78B 14-305(1):

When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Subsection 78B-14-301(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.”

 

The CSS Central Registry Unit (CRU) reviews interstate petitions/referrals to determine the next appropriate action.  CRU will:

 

1.            Research all incoming CSENet transaction using the imaged copy of the interstate petition/referral;

 

2.                   Open the case on ORSIS, if appropriate;

 

3.                   Send an acknowledgment to the petitioner/initiating state; and,

 

4.                   File the original interstate petition/referral and the original certified copies of the order included with the referral for access by the AGO if needed..  For more information on CRU responsibilities, refer to CS 201P Central Registry Responsibilities.

 

If CRU receives a petition/referral and it was sent in error or to the wrong tribunal, CRU will forward the petition/referral to the appropriate tribunal according to UCA 78B-14-306, which states:

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.”

 

NOTE:  If you receive a support petition directly from an individual or agency in another state, immediately send it to CRU for the appropriate processing. 

 

When you receive a new/reinstated case including an incoming interstate petition/referral from CRU take the steps listed below.

 

1.                   Review the intergovernmental petition and accompanying documents on Content Manager for the case and/or ORSIS (if the referral was received through CSENet) to determine the next appropriate action on the case in accordance with U.C.A. 78B-14-305(2), which states:

 “A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(a) establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;

(b) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(c) order income withholding;

(d) determine the amount of any arrearages and specify a method of payment; (e) enforce orders by civil or criminal contempt, or both;

(f) set aside property for satisfaction of the support order;

(g) place liens and order execution on the obligor's property;

(h) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(j) order the obligor to seek appropriate employment by specified methods;

(k) award reasonable attorney fees and other fees and costs; and

(l) grant any other available remedy.”

 

If an order is issued, 78B-14-305(3) - (5) requires that CSS take the following actions:

“(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for parent-time.

(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.”

 

If an enforcement action is requested and the support order is in foreign currency, 78B-14-305(6) states:

“If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported .”

 

2.            Notify the petitioner/initiating state of the action taken on the case either by using CSENet or by sending the “Interstate Progress Report.”  Select from one of the appropriate options:

a.            Notice to Withhold:  Initiate income withholding. 

b.            Enforcement:    Inform the initiating state of the specific type of enforcement action taken; i.e., lien-levy, execution on a vehicle or real property. 

c.             Request for More Information:  Notify the initiating state of the information needed to proceed with the next step on the case.

d.            Employment Ended:  Notify the initiating state that the NCP has terminated employment and CSS will attempt to find another source of income. 

e.            Locate:  If the NCP has moved to another state, determine if you have a new verified address for the NCP and follow the procedures below:

i.              No Address:  If the NCP has moved and after accessing appropriate Utah locate resources the NCP cannot be relocated in Utah, notify the initiating state that the respondent cannot be located in Utah by:

A.            Non CSENet State:  sending the “Interstate Progress Report” letter.

B.            CSENet State:  sending a CSENet transmission requesting additional information so we can proceed with the next step on the case. 

You are not required to initiate a quick locate-only request to another state if you believe the NCP has moved out-of-state. Do not close the case until the initiating state requests the case closed; the initiating state fails to provide additional information within 60 days; or, the case meets the criteria for case closure.

ii.             New Address (not in Utah):  Take all appropriate steps necessary to enable the new tribunal to obtain jurisdiction over the NCP. Notify the initiating state that the NCP has moved out of Utah’s jurisdiction by:

A.                  Non CSENet State: sending the “Interstate Progress Report.”  Notify the initiating state that:

(1)                CSS is unable to proceed further on the case, because the NCP has been located in another state; 

(2)                the other state must notify CSS of additional information to take the next appropriate action on the case; or,

(3)                asks if the other state wants the original petition and all accompanying documents forwarded to the new responding state.

If the initiating state wants CSS to forward the original petition and all accompanying documents to the new responding state, you must:

(a)          make a copy of the referral and all accompanying documents for the CSS case file;

(b)          send the “Interstate Petition Forwarded” letter along with the original petition and all accompanying documents to the new state’s Central Registry;

(c)           send the “Interstate Progress Report” to the initiating state informing them of the new state and the date the petition was forwarded;

B.            CSENet State:  sending a CSENet message to the initiating state notifying them:

(1)                the NCP has moved out of Utah’s jurisdiction;

(2)                to provide CSS with additional information to take the next appropriate action the case; and,

(3)                to notify you if they want CSS to forward the original petition and all accompanying documents to the new responding state.

If the initiating state requests that CSS forward the original petition and all accompanying documents to the new responding state, you must:

(a)                make a copy of the referral and all accompanying documents for the CSS case file;

(b)               send the “Interstate Petition Forwarded” letter along with the original petition, and all accompanying documents to the new state’s Central Registry;

(c)                send a CSENet message to the initiating state giving them the state and date the petition was forward;

 

Do not close the case until the initiating state requests the case be closed; the initiating state fails to provide additional information within 60 days; or, the case meets other criteria for case closure.

f.             Administrative Action:  Make a reasonable attempt to obtain necessary income and property information about both parties, if appropriate.  Inform the initiating state of the administrative action taken.

g.            Attorney General Referral:  Make an AG referral. 

h.            Review for Modification:  Determine if the case meets the criteria to conduct a review; e.g., does Utah have Continuing Exclusive Jurisdiction? 

i.              Uncollectible Case:  If the case meets uncollectible criteria, notify the initiating state.

j.             Other:  Notify the initiating state of any other action or information related to child support that is not listed in the above options, as appropriate. 

 

 

Responding State (Incoming Interstate) Timeframes

 

The federal timeframes listed below apply to responding interstate services.  There are five incoming interstate timeframes:

 

1.                   Case Opening, Forwarding and Acknowledgment - 45 CFR 303.7(b)(2): 

“Within 10 working days of receipt of an intergovernmental IV-D case, the central registry must:

(i) Ensure that the documentation submitted with the case has been reviewed to determine completeness;

(ii) Forward the case for necessary action either to the central State Parent Locator Service for location services or to the appropriate agency for processing;

(iii) Acknowledge receipt of the case and request any missing documentation; and

(iv) Inform the initiating agency where the case was sent for action.”

 

2.                   Response to status request - 45 CFR 303.7(b)(4): 

The central registry must respond to inquiries from initiating agencies within 5 working days of receipt of the request for a case status review.”

3.                   Location of the NCP in another jurisdiction:

a.                   45 CFR 303.7(d)(3): 

Within 10 working days of locating the noncustodial parent in a different State, the responding agency must return the forms and documentation, including the new location, to the initiating agency, or, if directed by the initiating agency, forward/transmit the forms and documentation to the central registry in the State where the noncustodial parent has been located and notify the responding State's own central registry where the case has been sent.”

b.                  45 CFR 303.7(d)(4): 

Within 10 working days of locating the noncustodial parent in a different political subdivision within the State, forward/transmit the forms and documentation to the appropriate political subdivision and notify the initiating agency and the responding State's own central registry of its action;”

 

4.                   Timing of Disbursements:

a.                   42 U.S.C. 654b(c)(1) – Timing of disbursements:

Except as provided in paragraph (2), the State disbursement unit shall distribute all amounts payable under section 657(a) of this title within 2 business days after receipt from the employer or other source of periodic income, if sufficient information identifying the payee is provided…”

b.                  45 CFR 303.7(d)(6)(v):

Collecting and monitoring any support payments from the noncustodial parent and forwarding payments to the location specified by the initiating agency. The IV-D agency must include sufficient information to identify the case, indicate the date of collection as defined under§ 302.51(a) of this chapter, and include the responding State's case identifier and locator code, as defined in accordance with instructions issued by this Office;”

 

5.                   Transmission of new information - 45 CFR 303.7(a)(7): 

Notify the other agency within 10 working days of receipt of new information on an intergovernmental case; . . .”

 

 

Duties of Support Enforcement Agency

 

The duties of a support enforcement agency are defined in U.C.A. 78B-14-307:

“(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.”

 

The petitioner may be:

 

1.                   The CP;

2.                   The NCP; or,

3.                   In accordance with U.C.A. 78B-14-302, which states: 

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.”

 

Among other obligations, as identified in U.C.A. 78B-14-307(2), the petitioner must be notified of all notices and communications. 

“A support enforcement agency of this state that is providing services to the petitioner shall:

(a) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;

(b) request an appropriate tribunal to set a date, time, and place for a hearing;

(c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(e) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.”

               

When/if a support order is referred for registration for enforcement or modification in this state, U.C.A. 78B-14-307(3) requires that reasonable efforts be taken to determine the controlling order, if applicable. 

 

U.C.A. 78B-14-307(3) states:

“A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

(a) to ensure that the order to be registered is the controlling order; or

(b) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.”

 

U.C.A. 78B-14-307(4) states:

“A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.”

 

The agency initiating the enforcement action with a foreign country is responsible for converting the support order amounts into current currency. 

 

U.C.A. 78B-14-307(5) states:

 “A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 78B-14-319.”

 

Pursuant to U.C.A. 78B-14-307(6), if CSS or the AGO provides services to an individual or agency it does not create an attorney-client relationship.  U.C.A. 78B-14-307(6) states:

“This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.”

 

If the individual or agency requires or wants that type of relationship, in accordance with U.C.A. 78B-14-309 s/he may hire an attorney to represent him/her.  U.C.A. 78B-14-309 states:

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.”

 

 

Duties of State Information Agency

 

The CRU is responsible to carry out the duties of the State Information Agency in accordance with U.C.A. 78B-14-310, which states:

“(1) The Office of Recovery Services is the state information agency under this chapter. (2) The state information agency shall:

(a) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(b) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(c) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(d) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses, and Social Security.”