OUTGOING INTERSTATE

CS 222P Interstate Referral Methods

04/87 Revised 01/17/18 Training Completed 01/31/18

45 CFR 301.1 and 303.7

 

 

Intergovernmental Referral Method Overview

 

If you are unable to utilize any in-state remedies on a case where the non-custodial parent (NCP) is out-of-state, and you determine the case should be worked by the IV-D agency in the state where the NCP resides (“two-state” action), you must send an intergovernmental referral to that state. 

 

You may ask the responding state to take one or more of the following actions:

 

1.                   Redirect payments to the Office of Recovery Services/Child Support Services (ORS/CSS)  (if the NCP is currently paying through another state);

 

2.                   Establishment of:

a.                   Parentage; and/or,

b.                  An order for:

i.                     Child support;

ii.                   Spousal support;

iii.                  Medical support; and,

iv.                 Other costs (e.g., genetic test costs);

 

3.                   Review and adjustment;

 

4.                   Income withholding; and,

 

5.                   Enforcement of:

a.                   Current support;

b.                  Arrears;

c.                   Spousal Support; and/or,

d.                  Medical support:  If this is the only order you are enforcing and other state is CSENet active, you must send a CSENet narrative and inform the other state that there is a valid order for insurance and indicate which party is required to provide the insurance.    

 

 

Terms/Definitions

 

1.                   Central Authority – Pursuant to 45 CFR 301.1: 

“. . . the agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC) pursuant to section 459A of the Act. 

 

2.                   Controlling Order State – The State in which the only order was issued, or, where multiple orders exist, the State in which the order determined by a tribunal to control prospective current support pursuant to UIFSA was issued.

 

3.                   Country - Includes both a foreign reciprocating country (FRC) and any foreign county (or political subdivision thereof) with which a State has entered into a reciprocal arrangement pursuant to section 459A(d) of the Act.

 

4.                   Form – Pursuant to 45 CFR 301.1:  

“. . . a federally-approved document used for the establishment and enforcement of support obligations whether compiled or transmitted in written or electronic format, including but not limited to the Income Withholding for Support form, and the National Medical Support Notice.  In interstate IV-D cases, such forms include those used for child support enforcement proceeding under UIFSA.  Form also includes any federally-approved mandated IV-D program reporting form, where appropriate.”   

 

5.                   Initiating Agency – A State or Tribal IV-D agency in a country, as defined in this rule, in which an individual has applied for or is receiving services.

 

6.                   Interstate Case – A IV-D case in which the non-custodial parent lives and/or works in a different State than the custodial parent and child(ren) that has been referred by an initiating State to a responding State for services.  An interstate IV-D case also may include cases in which a State is seeking only to collect support arrearages, whether owed to the family or assigned to the State.

 

7.                   Intergovernmental IV-D Case – Pursuant to 45 CFR 301.1:  

“. . . a IV-D case in which the non-custodial parent lives and/or works in a different jurisdiction than the custodial parent and child(ren) that has been referred by an initiating agency to a responding agency for services.  An intergovernmental IV-D case may include any combination of referrals between States, Tribes, and countries.  An intergovernmental IV-D case may include cases in which a State agency is seeking only to collect support arrearages, whether owed to the family or assigned to the State.”

 

8.                   One-State RemediesIncludes both long-arm and direct enforcement techniques.

 

9.                   Redirect – A request to the other state to start sending payments to CSS when the NCP is already paying that state.

 

10.               Responding Agency – The agency that is providing services in response to a referral from an initiating agency in an intergovernmental IV-D case.

 

11.               Tribunal – A court, administrative agency, or quasi-judicial entity authorized under State law to establish, enforce, or modify support orders or to determine parentage.

 

12.               Two-state Action – An intergovernmental transmittal has been sent to the NCP’s state with a request to work the case.

 

13.               Uniform Interstate Family Support Act (UIFSA) – The model act promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL) and mandated by section 466(f) of the Act to be in effect in all States.

 

 

General Requirements

 

1.                   Pursuant to 45 CFR 303.7(a)(5) IV-D agencies must:

“Transmit requests for information and provide requested information electronically to the greatest extent possible.” (Emphasis added.)  Send or electronically transmit (CSENet) to the greatest extent possible an intergovernmental referral to the responding state’s Central Registry within 20 calendar days of locating the NCP in another state pursuant to 45 CFR 303.7(c)(4)(ii). 

 

The 20-day timeframe does not begin until:

a.                   You determine a two-state action is needed; e.g., you are unable to proceed with any in-state remedies on the case;

 

NOTE:  If there is a CSS case and a Children In Care (CIC) case; i.e.,  one order, one family, and at least one child in common on both cases, you must determine if the state requires one or two  interstate referrals for the ORS cases.    

b.                  The NCP has been located; and,

c.                   You have received all necessary information to process the case (such as a certified copy of the order and/or CP Financial Statement). Refer to Procedure – Referral Methods, below, for more information. 

 

NOTE:  Document your actions to gather the necessary information in the case narratives; e.g., “Interstate referral cannot be sent until we receive a certified copy of the child support order.  Request made to Colorado County Clerk for a certified copy of the order.              

 

2.                   Send the federally-approved forms (hard copy documentation) to the other state along with copies of the order and Interstate: Electronic Referral Memorandum pursuant to 45 CFR 303.7(a)(4).

“Use federally-approved forms in intergovernmental IV-D cases, . . .  When using a paper version, this requirement is met by providing the number of complete set of required documents needed by the responding agency, if one is not sufficient under the responding agency’s law.”  445 CFR 303.7(a)(4)  

 

NOTE:  Because the electronic transmittal does not contain signatures, most states still require hard copies of the transmittal, support order, and letter.  Most state are unable to proceed judicially, when necessary, without a copy of the appropriate signatures found on the transmittal and order. 

 

3.                   Notify the CP at the time the interstate referral is made to the other state, by generating and sending the Interstate: To, Obligee, Referral Sent Letter.

 

4.                   Within 10 working days of receiving an intergovernmental referral pursuant to 45 CFR 303.7, the other state should:

a.                   Acknowledge the referral pursuant to 45 CFR 303.7(b)(2) – if you do not receive an acknowledgment within 30 calendar days, contact the other state by phone and request an acknowledgement of the referral or send the “Interstate: Request to Acknowledge Referral” (QI80);

b.                  Request any missing documentation – pursuant to 45 CFR 303.7(b)(2)(iii) - if the other state requests documentation or information, you must respond within 30 calendar day pursuant to 5 CFR 303.7(c)(6); and,

c.                   Inform you where the case has been sent for action pursuant to 45 CFR 303.7(b)(2)(iv).

 

5.                   Within 30 calendar days of receiving a request for additional information you must:

a.                   Provide the other state with the information requested pursuant to 45 CFR 303.7(c)(6); or,

b.                  Notify the other state of the date the information will be provided.  Send the information to the other state by:

i.                     CSENet state – sending a CSENet transaction. 

ii.                   Non-CSENet state – generate and send either:

A.                  the Interstate: Release of Information, Authorization Letter;

B.                  a copy of the original Child Support Enforcement Transmittal #1- Initial Request with the information attached; or,

C.                  the Child Support Enforcement Transmittal #2 – Subsequent Actions.

 

6.                   Notify the other state pursuant to 45 CFR 303.7(a)(7) of any new or pertinent case information (new information known only to Utah) within 10 working days.  Send the information to the other state by:

a.                   CSENet state – Sending a CSENet transaction. 

b.                  Non-CSENet state – Generating and sending the “Interstate: Status Update to Responding State Letter.” 

 

7.                   If new information and/or a support order from the other state, you must update the appropriate screens on ORSIS. 

 

NOTE:  If you receive a copy of a new support order is received from the other state, send a copy to the non-IV-A CP.

 

 

Procedures - Referral Methods

 

All states are required to follow federal regulations and mandates, including the Uniform Interstate Family Support Act (UIFSA) requirements.  States also have their own unique state laws and procedures that they must follow. As a result, the requirement for an interstate referral may vary from state to state.  Providing the required information number of copies required by the state pursuant to 45 CFR 303.7(a)(4), and any additional information that may be needed, helps expedite the other state working the case.  Each state is required to provide this type of information on the on-line Intergovernmental Reference Guide (IRG). 

 

1.                   Child Support Enforcement Network (CSENet) Referral:  If you need to send an intergovernmental referral/petition to another state and that state is CSENet active, send the referral electronically to the greatest extent possible pursuant to 45 CFR 303.7(a)(5).  Make sure all required copies of the transmittal and documentation are sent to the other state at the time of the initial referral pursuant to 45 CFR 303.7(a)(4). 

 

2.                   Child Support Enforcement Transmittal #1 – Initial Request – If you need to send a referral to a non-CSENet state or a IV-D Tribe, send the paper form.

 

3.                   Registration of Foreign Support Orders referral - If you want another state/IV-D tribe to modify and/or enforce an existing support order that it did not issue, request that the order be registered in the state where the NCP resides for purposes of enforcement.  To do this you must:

a.                   Complete all appropriate documents for the request type.

b.                  Make a copy of the portions of the intergovernmental packet that are required to be retained and send to the Central Imaging Unit (CIU).

c.                   Send the original intergovernmental packet to the state along with all required copies needed by the state for processing pursuant to 45 CFR 303.7(a)(4).

               

4.                   Payment Forwarding – If you determine that the NCP is already paying his/her child support through a IV-D Child Support Office in another state, and you need to redirect the payments to CSS, send the Child Support Enforcement Transmittal #1 – Initial Request to that state.

 

5.                   International Enforcement - If you determine that the NCP resides in a foreign reciprocating country outside the jurisdiction of the United States, you may send an international referral/petition requesting that the country take the appropriate action (e.g., establishment of an order and/or enforcement of the order) by sending the appropriate UIFSA paperwork to that country. 

 

NOTE:  If the NCP lives in another state within the United States, but the order is not in English, do not translate the order before making an interstate referral to that state. 

 

 

Status Request

 

ORSIS automatically sends a routine Status Request Letter to the other state every 180 days (six months), provided the case is coded properly on ORSIS.

 

 

Status Request – Canadian Provinces/Territories

 

To request status updates or other follow-up on ongoing cases with the Canadian Provinces/Territories, contact the individual or the office provided by the Canadian Provinces/ Territories with the acknowledgement to the original intergovernmental referral request. 

 

 

Complaint Procedures - Custodial Parent

 

If the CP complains/inquires about the status of a case once an interstate referral has been made to the other state, you may:

 

1.                   Call the other state and/or send a CSENet message, if appropriate, requesting a status update  request; or,

 

2.                   Send the Interstate: Complaint Response to Obligee or Third Party form to him/her.  The letter informs the CP that the case has been referred to another state (the state where the NCP currently lives) and that state, not Utah, is responsible for:

a.                   Working the case, which includes establishing or enforcing a support order and monitoring missed payments; and,

b.                  Notifying the ORS/CSS if a:

A.                  Hearing is scheduled; and,

B.                  The results of the hearing.

 

 

Other State Closes Its Case

 

If the other state closes or dismisses a case and the reasons for closure are unclear or you don’t agree with the reasons (e.g., the other state closed the case because it is paid in full, but Utah still shows an arrears balance of $1,200.00 owing on the case) contact the other state using CSENet, if appropriate, or by requesting and sending the Status Request letter.  You must either ask that the other state provide further clarification or you must provide the other state with the necessary information/documentation to show why Utah CSS disagrees with the state’s decision.

 

However, if the case is closed the case pursuant to Federal regulations and state laws, you may:

 

1.                   Keep the case open and continue any and all appropriate locate\collection\ enforcement efforts until the case meets the criteria for closure;, or,

 

2.            Close the CSS case if case closure criteria is met.