Presentation on theme: "Establishment of Paternity Establishment of Support"— Presentation transcript:
1 Establishment of Paternity Establishment of Support CHILD SUPPORTPresented By: William WelchEstablishment of PaternityPresented By: Robert BishopEstablishment of Support
2 CHILD SUPPORT William Welch Staff Attorney, IPAC Phone – 812/232-1836 –
3 CAVEAT: This will be a quick summary and overview CAVEAT: This will be a quick summary and overview. In depth workshops will be offered at the 2015 Newly Elected Prosecutor IV-D WorkshopsFebruary 4-5, 2015Sheraton Indianapolis Hotel at Keystone CrossingSAVE THE DATE
4 Establishing Paternity Paternity AffidavitIn HospitalHealth DepartmentJudicially EstablishedPetition filed in CourtCourt OrderAdministrative Covered in Administrative Remedies Presentation presented by David Morris later this morning.
5 Administrative Paternity Paternity AffidavitHospital – within 72 HoursHealth Dept – before emancipationSigning the AffidavitMotherMan who reasonably appears to be father
6 Administrative Paternity Disestablishment Within 60 DaysFather who signed – Can Request DNAFile request in Paternity Court
7 Administrative Paternity Disestablishment After 60 DaysCourt must find fraud, duress or mistake of factMan who signed requests DNATest excludes man as biological father
8 JUDICIAL PATERNITY Filing the Petition Getting ready to prepare the petitionJUDICIAL PATERNITYFiling the Petition
9 JUDICIAL PATERNITY FILING Child – Next Friend One Child Mother/Father One CaseFILINGChild – Next FriendMother/FatherRespondentsOne Child per case is a rule instituted by the Supreme Court Admin.Multiple Children – set togetherCalculate support for total and divideConsolidate if possibleYou do not represent the child. You represent the State who is filing as NEXT FRIEND
10 JUDICIAL PATERNITY FILING Proper Venue Where Mother, Child or Father LiveFILINGStatute of LimitationsPrior to age 20, unless incompetentVenue should not be a problem if mother lives and signs up in your countyStatute of Limitations is not something that comes up very often either
11 DNA TESTING Have person to take sample right at Initial Hearing Buccal SwabQuick ResultsAdmissible ResultsHave person to take sample right at Initial HearingUse State approved vendors – only 2Big cue tip – Results within 10 daysMust object at least 30 days prior to the hearing where the DNA sample will be presented. Otherwise, objection is waived and the test comes in without chain of custody, expert testimony, nothing…
12 JUDICIAL PATERNITY DISPOSITION DNA over 99% Rebuttable Presumption Summary JudgmentISSUESSupport TypesOther Child IssuesTax IssuesEvery Lab will give results better than 99%Create presumptionIf does not admit after test – file SJMonetary Support and Medical SupportParenting Time, Insurance, Name Change, Holidays, Daycare, EducationPrevious Standard – alternating. ACA will change that.Rob will talk some more about this
13 Paternity for a Child Born of a Marriage ISSUES IN PATERNITYPaternity for a Child Born of a MarriageDivorce DisestablishmentChild born into someone else's marriage – case law has fluctuated over the years, but it can be filed. Policy Considerations – when will you file.Parties getting a divorce can have the court make a paternity designation in the divorce decree. You will sometimes be asked to provide DNA services…they will have to sign up for the program. We always made them pay up front.
14 Deceased Alleged Father ISSUES IN PATERNITYLong Arm JurisdictionDeceased Alleged FatherLong arm is contained in UIFSA statute (IC )List of items that provide jurisdiction…Nexus between Indiana and the child. Just filing here is not enough.Deceased fathers …but who do you serve?Need an estate opened to serve the representative.DNA using alleged father’s parents
15 ISSUES IN PATERNITY Parents are minors… Necessary PartiesParents of Minors3rd Party CustodianHusbandsParents are minors…The parents of the minors are necessary parties.“Mother of minor mother”, etc.Third party custodians (grandmothers, guardians, etc.)Even if the custody was not official.If filing on a child born into an existing marriage
16 JUDICIAL PATERNITYMaking support retroactive to filing date in a Paternity is required.Only in paternities can you go back to before the filing date. Sometimes the mother requests this. Other times the mother was on TANF for a portion of that time. You can go back and pick up the assigned support for the state for the TANF period or periods.
17 Paternity Process Overview Filing of PaternityInitial HearingDNA shows PaternityPaternity FindingPaternity OrderEstablishment of Child Support
18 Now, lets talk about getting the support established. Introduce Rob BishopKosciusko County Prosecuting Attorney'sChild Support Deputy Prosecutor since 2006Done some incredible things up there…
19 Establishing An Order of Child Support Robert BishopKosciusko County Deputy Prosecuting AttorneyPhone – 574/–
20 Why Support Guidelines? 42 U.S.C. § 667. State guidelines for child support awards(a) Establishment of guidelines; methodEach State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.
21 Indiana Concepts Parental Shares Recommended amount should allow the child the same standard of living as if the parties were still together.Is presumptively correct.Deviation only with cause shown.Shared and Transferred costs.
22 What Information Do I need to Complete the Child Support Obligation Worksheet? Income of PartiesWork Related Child Care ExpenseHealth Insurance costParenting Time (specifically overnights)Older children (and Order Amount)Younger children (No order amount needed)
23 INCOME 31-18-1-6 “anything of value” No means tested benefits – SSI, AFDC, certain tax credits such as the earned income credit.Averaging of Income is OK if the income of the AP is not consistent.Self-employed deduct reasonable business expenses
24 Parenting TimeAlthough Parenting Time is a required figure on the worksheet, determining the credit when it is contested is not a IV-D function.
26 CHILD SUPPORT OBLIGATION WORKSHEET (CSOW) Each party shall complete that portion of the worksheet that applies to him or her, sign the form and file it with the court. This worksheet is required in all proceedings establishing or modifying child support.IN RE: CASE NO:FATHER:MOTHER:CHILD SUPPORT OBLIGATION WORKSHEET (CSOW)ChildrenDOB
27 B. Child Support (Court Order for Prior Born) 1. WEEKLY GROSS INCOMEFATHERMOTHERA. Subsequent Children Multiplier Credit ( )B. Child Support (Court Order for Prior Born)C. Child Support (Legal Duty for Prior Born)D. Maintenance PaidE. WEEKLY ADJUSTED INCOME (WAI)Line 1 minus 1A, 1B, 1C and 1DPERCENTAGE SHARE OF TOTAL WAI%
28 3. COMBINED WEEKLY ADJUSTED INCOME (Line 1E) COMBINED WEEKLY ADJUSTED INCOME (Line 1E)BASIC CHILD SUPPORT OBLIGATIONApply CWAI to Guideline SchedulesA. Weekly Work-Related Child Care Expense of each parentB. Weekly Health Insurance Premium – Total from HIPW, Line ITOTAL CHILD SUPPORT OBLIGATION (Line 4 plus 4A and 4B)
29 6. PARENT’S CHILD SUPPORT OBLIGATION (Line 2 times Line 5) PARENT’S CHILD SUPPORT OBLIGATION (Line 2 times Line 5)7. Adjustments from Post-Secondary WorksheetChild CareHealth InsurancePARENTING TIME 0008. RECOMMENDED SUPPORT
32 Indiana Child Support Guideline 3(B) states, The Signature TrapIndiana Child Support Guideline 3(B) states,1. Submitting Worksheet to Court. In all cases, a copy of the worksheet which accompanies these Guidelines shall be completed and filed with the court when the court is asked to order support. This includes cases in which agreed orders are submitted. Worksheets shall be signed by both parties, not their counsel, under penalties for perjury.
33 BEARDSLEY, v. HEAZLITT, 654 N.E.2d 1178 (1995) Beardsley, a party, an attorney, filed an UNSIGNED CSOWIn Cobb v. Cobb (1992), Ind. App., 588 N.E.2d 571, 575, we held that it is error for a trial court to base its support order on an unverified and unsigned worksheet.
34 In the Matter of the Paternity of B.G. (2012) memorandum decisionDPA filed an unsigned CSOW with the Court as the agreement of the parties. Mom appealed due to lack of signature. Essence of ruling was Waiver.
35 Payments 31-16-9-1. All payments, except cash, must be made to INSCCU. Mandatory IWO.YOUR ORDER MUST STATE THERE WILL BE AN IWO
36 Items required by law to be in an Order Order must include medical support.*6% Rule*cash medical*Public Insurance.Tax Dependency.Bests interests standard.AP can claim, but only if 95% current for the year.But, ACA
37 ISETS ODDITIES Order for support must be a numeric figure. If you adjudicate arrears, you need a payment amountIn a IV-D case, the system will only pay out what is owed.
38 Post-Secondary Educational Expenses The current CSB policy is that PSE expenses are NOT child support and that IV-D does not obtain or enforce orders for them. NO Office should seek or enforce PSE orders and no PSE orders should be entered into ISETS.
39 Federal timelines90 calendar days from locating the alleged father or non-custodial parent the PA must establish an order for support OR complete service of process necessary to commence proceedings to establish a support order…