UIFSA

CS 154-3 DCO Procedures – Another State Conducts the DCO – Utah Responds to Other State’s Notice of Preliminary Determination

02/11/04 Revised 01/17/18 Training Completed 01/31/18

45 CFR 303.7; U.C.A. 62A-11-304.2(3)(b), 63G-4, 78B-14-207; 18 U.S.C. 1151, 28 U.S.C. 1738B; IRS Publication 1075

 

 

Stages of the Controlling Order Determination

 

1.                   Outgoing DCO:  After a CSS agent completes the initial review and finds that a formal determination of controlling order (DCO) is necessary, the agent must refer the case to the appropriate jurisdiction for the DCO.  If Utah does not have jurisdiction to conduct the formal DCO process, CSS must forward information to the state with jurisdiction over the parties and request that the state complete the DCO. 

 

Pursuant to 45 CFR 303.7(d)(5)(i), the agent is responsible to:

“File the controlling order determination request with the appropriate tribunal in its State within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later;” 

 

2.                   Incoming DCO:  If a CSS Senior agent reviews the preliminary determination received from another state and finds that Utah has jurisdiction to complete the formal determination of controlling order (DCO), the Senior agent must refer the case to the appropriate tribunal within 30 calendar days pursuant to 45 CFR 303.7(d)(5)(i).  If the DCO will be completed administratively, the case must be referred to a Presiding Officer to determine the final controlling order.  If Utah does not have jurisdiction to conduct the formal DCO process, CSS must return the information back to the state along with “Interstate: Progress Report” letter. 

 

 

Procedures, Gather Information and Request a DCO

 

1.                   Review the appropriate jurisdiction for the DCO.  The assigned agent is responsible to review the case and determine which state has jurisdiction to conduct the formal DCO adjudicative proceeding. 

 

UCA 78B-14-207 (3) states:

“If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support-enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under Subsection (2). . .” 

 

Personal jurisdiction is obtained by both parties residing in the state or by having personal jurisdiction over one party and a request from the non-resident party or an interstate referral from a support enforcement agency. 

 

Once the agent completes the initial review, the case is referred to the appropriate Senior agent to complete the preliminary determination. 

 

2.                   Gather the information needed to make a preliminary determination of the presumed controlling order, and to calculate an alleged arrears balance:  The Senior agent must, pursuant to 45 CFR 303.7(d)(5)(i):

“File the controlling order determination request with the appropriate tribunal in its State within 30 calendar days of receipt of the request or location of the noncustodal parent, whichever occurs later;” 

 

As part of this process the Senior agent must complete the following:  

a.                   Obtain the following information:

i.                     Copies of all existing support orders (copies of orders do not need to be certified); 

ii.                   All payment records.  This includes records from:

A.                  all states that issued a support order

B.                  IVDS agencies where the CP has received child support services,

C.                  the CP,

D.                  ORSIS QMF Case payment History and, if applicable, the Pre-ORSIS Case Payment History, etc.;

iii.                  All interest calculations that have been provided by other states for interest accrued and paid under existing orders;

iv.                 All calculations for fees accrued and paid under existing orders;

v.                   Time-frames of assigned arrears;

vi.                 Child and custody information; and,

vii.                Emancipation information.

b.                  The following tools may be utilized to obtain needed information for the review:

i.                     Federal Case Registry.

ii.                   Child Support Enforcement Transmittal #3—Request for Assistance/Discovery for non-CSENet states. 

iii.                  CSENet.  

iv.                 Request for Information:  Determination of Controlling Order and Reconciliation of Arrears form.

v.                   Statement of Arrearage (from another state).

vi.                 ORSIS (Office of Recovery Services Information System).

vii.                Court records.

c.                   Monitor for responses for 30 days, if appropriate.

 

NOTE:  If you are unable to obtain copies of an order, you may obtain reliable information about the order.  “Reliable information” includes (but is not limited to) information from computer records, court files, and other IV-D agency records.

 

3.                   Apply the controlling order rules to determine which order should be identified as the presumed controlling order.  All orders that potentially qualify for controlling order status must be given full faith and credit. 

 

4.                   Complete the Presumed or Alleged Controlling Order Worksheet form.  On the form, list all orders that potentially qualify for and were considered for controlling order status.  Indicate which order is the presumed controlling order and the reasons for that decision. 

 

5.                   Prepare a reconciliation of arrears (ROA) calculation.  Once the ROA is completed, the senior agent refers the case back to the responsible agent to prepare the UIFSA transmittal/referral to the other state. 

 

6.                   Prepare the UIFSA transmittal to start the two-state action.  Indicate what services you are requesting in the transmittal.

a.                   If CSS will continue long-arm enforcement, request a DCO/ROA only:  The post-order agent will send a Child Support Enforcement (CSE) Transmittal #2 – Subsequent Actions form to the state with jurisdiction to request the DCO and ROA only.  Also indicate which order Utah believes to be presumed controlling order based on a preliminary determination.  Include any documentation used to make this recommendation.

b.                  If the request to the other state is for more than just a DCO/ROA-only action:

i.                     Initiate a two-state action for full services, including DCO/ROA. Identify the order that Utah believes to be the presumed controlling order based on a preliminary determination.

ii.                   Forward a copy of the packet to the Central Imaging Unit (CIU)

iii.                  Send the original petition and its accompanying documents to the appropriate (responding) state.

 

                NOTE:  If the other state is CSENet active, send a CSENet referral using the appropriate codes.

    

 

Procedures: Another State Sends Notice of its Preliminary Determination - Utah Responds

 

If Utah receives a notice of an alleged controlling order from another state, the CSS Senior Agent assigned to the case must complete the steps listed below.  Utah may receive this notification if another state believes that Utah is an interested party. 

 

1.                   Review the notice, the support orders, the transmittal, and any other information received from the other State. 

 

2.                   Determine if you agree with the other state’s preliminary determination.  Complete the following:

a.                   Identify and list all existing orders for this family – consider information from the following sources:

i.                     Application/referral for services; 

ii.                   Case file;   

iii.                  Federal Case Registry (FCR) Query Match Report; and, 

iv.                 NCP and CP, if available.

b.                  Apply the controlling order rules pursuant to UCA 78B-14-207 on all orders identified. 

 

3.                   Review the reconciliation of arrears calculations if included with the other state’s preliminary determination.  Under UIFSA, all states are required to conduct a reconciliation of arrears (ROA) on all applicable cases. 

 

 

 

4.                   Notify the other state if you disagree:

a.                   If you agree – No further action is necessary until you receive the final determination from the other state.

b.                  If you disagree – Within 20 days notify the other state of your decision and why.  Include copies of any orders, analysis, declarations, or other documents you have identified that were not used or considered by the other state.  If the other state is:

i.                     CSENet active - Send the information via CSENet.   Manually send copies of any orders, analysis, declarations, payment records, or other documentation identified.

ii.                   Non CSENet – Send the Interstate: Progress Report letter to inform the other state of your findings.  Attach copies of any orders, analysis, declarations, payment records or other documentation.

 

5.                   Wait for the final determination.  When you receive the final order containing the determination from the other state, take the next appropriate action; e.g., make any necessary adjustments to the obligation/debt, make a case narrative, etc. 

 

 

Procedures: Final Determination From Another State

 

If Utah receives a final DCO/ROA order from another state, the CSS Senior Agent assigned to the case must complete the steps listed below.  If the order includes an arrears calculation, it is considered binding and must be given full faith and credit. 

 

1.                   Check to see if Utah has an order that was used in the DCO process:

a.                   Utah has order – Look to see if the Utah order was determined to be the controlling order:

i.                     Utah Order Determined to be the Controlling Order:

A.                  Make any necessary adjustments to the obligation/debt;

B.                  Take the next appropriate action to enforce the order.

ii.                   Utah Order Not Determined to be the Controlling Order - Stop all ongoing accrual on the order, if necessary, by making any required changes to the appropriate ORSIS screens.

b.                  No Utah Order - Make any appropriate changes to the ORSIS screens to begin enforcement of the order that was determined to be the controlling order.

 

2.                   Adjust the arrears balance according to the calculation of arrears included in the final order issued by the other state.