1. Child Support 101 A Training Resource to Assist Mediators Understand the Basics of the U.S. Child Support Program and International Case Processing 1

2. Key Acronyms Custodial Party/Noncustodial Party CP/NCP Alleged Father/Putative Father – Man who may be child’s biological father, but who is not married to child’s mother on or before child’s birth and whose parentage has not been determined legally AF/PF Federal Parent Locator Service FPLS Part D of Title IV of the Social Security Act that authorizes child support program IV-D Income Withholding Order IWO Financial Institution Data Match (also MSFIDM) FIDM State Disbursement Unit SDU 2

3. Topics Covered Overview of Child Support Program Services Provided International Case Processing  Bi-lateral agreements  Hague Convention on International Enforcement of Child Support and Other Forms of Family Maintenance  Role of Central Authority  UIFSA 2008 3

4. Program Overview 4 Federal/state child support program established in 1975 due to high divorce rates and increased use of welfare (Title IV-D of Social Security Act) Designed to recoup welfare costs; later also used to recoup Medicaid and Foster Care costs Has evolved into a federal/state/tribal/ local partnership to help families by promoting family self-sufficiency and child well- being. All 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and more than 50 federally recognized tribes, run IV-D programs.

5. Mission Enhance the well-being of children by assuring that assistance in obtaining child support— financial and medical—is available through: Locating Parents Establishing Parentage Establishing, Enforcing, and Modifying Support Obligations Monitoring, Collecting, and Distributing Collections 5

6. CSE Core Mission: Locate Parents Establish Paternity Establish Orders Collect Support ChildSupportPrevention Engagement of Fathers from Birth EconomicStability Family Violence Collaboration Healthy Family Relationships Health Care Coverage Family Centered Approach

7. Child Support Policies and Practices Vary Federal statutes and regulations form the backbone of the Title IV-D child support program Family law is a state responsibility State law, policies, and practices vary even though each state must have certain child support laws in order to receive funding for its child support program As sovereign nations, tribes with IV-D child support programs are subject to some, but not all, of the federal child support regulations governing states 7

8. What is a Child Support Order? The document that sets: (1) an amount of money that a parent must pay for the support of the parent’s child(ren) and/or (2) the responsibility to provide health insurance or cash medical support for the child(ren). Can include:  Court order  Administrative order  Voluntary agreement with legal effect of an order  Current support, medical support, arrears, interest, retroactive support 8

9. Who Can Receive Services from a Child Support Agency? 9 Certain public assistance programs trigger an automatic referral to the IV-D Child Support Program Parents not on assistance can apply for child support services at little or no cost Parents with private attorneys can also apply for child support services

10. Application for Services Agency and agency attorneys do not “represent” either party There are no residency requirements Custodial and non- custodial parents can apply for child support services through the child support agency Parentage establishment Order establishment Enforcement of order Modification of order (an increase or decrease) Processing cases from other countries, states, or tribes Referrals to fatherhood or employment and job training programs Services may include: 10

11. Federal Locate Services 11 Federal Parent Locator Service FPLS National Directory of New Hires NDNH New Hire Data Quarterly Wage Data Unemployment Data Federal Case Registry FCR Additional Federal Agencies

12. State Locate Sources 12 Department of Motor Vehicles Employers (new hire reports) Other State Agencies (TANF, State Tax Agency) Department of Corrections Public & Private Utilities State Lottery Social networks, Internet resources

13. Parentage Establishment The determination of parentage establishes the legal obligation to pay child support Parentage can be legally established in several ways, including: Marriage Voluntary acknowledgment of parentage Court or administrative order 13

14. Order Establishment Depending upon jurisdiction, the proceeding can be Judicial, Quasi-Judicial, or Administrative States and IV-D Tribes must use presumptive Child Support Guidelines Current support and medical support Retroactive support as set by state law 14

15. Child Support Guidelines There is no federal child support guideline States - and tribes with Title IV-D child support programs - must use numerical formulas Formulas must include noncustodial parent’s income. Most also include custodial parent’s income Most guidelines impute income if there is no evidence of actual income States and tribes must review guidelines every four years, and must update the economic data 15

16. Modification Child support does not automatically change with changes in employment income Child support order does not automatically stop when employment ends A parent may request a modification if financial circumstances change 16

17. Modification (cont’d) A state must have procedures to automatically review support orders in all public assistance cases, and in other IV-D support cases upon request, at least once every 3 years, and to adjust the orders as appropriate  May use cost-of-living adjustment per state formula  May use automated methods to identify orders for review, conduct the review, identify orders eligible for adjustment, and apply appropriate adjustment  State may establish a threshold change for adjustment  No requirement for proof or showing of change in circumstances Arrears may not be retroactively modified Modification jurisdiction is complex in intergovernmental cases 17

18. Role of Consent Procedures in Setting Support Awards Some states require mediation or consent conferences before child support cases go before a judicial or quasi-judicial official. For example, the Delaware Family Court has long required mandatory mediation in all child-related issues, including child support.  Unless parentage is at issue, support guideline is calculated.  Individual parties may sign a consent order or an interim order is set pending a full hearing. Other states by statute or practice include negotiation processes with parents. 18

19. State Support Collection Tools Federal law requires states to enforce through: Income withholding 70% of total support collections nationwide Standardized forms to employers Reporting of arrears to Credit Bureaus Financial Institution Data Match (FIDM) State income tax refund intercept License suspension 19

20. Role of Mediation in Enforcement Mediation is rarely applicable when states use enforcement remedies Most remedies have a statutory threshold and are initiated automatically via the state system when the applicable delinquency occurs States may use negotiation or consent processes in establishing an arrearage payment plan where the obligor seeks to get his or her passport back or lift license suspension without paying the full arrears due 20

21. Custody, Visitation and Child Support Will the child support agency enforce the visitation terms of my client’s support order? 21

22. Answer: No. The child support agency does not receive Title IV-D federal funding to handle access/visitation issues or any parenting issues. No child support agency will take action to enforce a parenting plan or visitation order. The child support agency may refer your client to other resources, such as court services or dispute mediation services that help with parenting plans and access/visitation issues. 22

23. Intergovernmental Cases Such cases can be from other states, tribes, or foreign countries There are laws, agreements, and international treaties specific to cases between jurisdictions Case processing occurs without caseworkers or parents travelling to the other jurisdiction Tools  Standardized forms Limitations  Different laws, policies, procedures 23

24. Authority for Bi-Lateral Agreements 42 USC§659a authorizes U.S. State Dept, with concurrence of HHS, to declare a country a foreign reciprocating country if it meets certain child support standards  Has procedures available to U.S. residents to establish paternity, establish support, and enforce support  Has procedures to collect and appropriately distribute support payments  Provides legal and administrative assistance to U.S. residents at no cost  Designates a Central Authority responsible for facilitating support enforcement and ensuring compliance with standards 26 bilaterals - 12 are Canadian provinces/territories 24

25. Current U.S. Bi-Lateral Agreements Australia Canada – all provinces/territories but Quebec Czech Republic El Salvador Finland Hungary Ireland Israel Netherlands Norway Poland Portugal Slovak Republic Switzerland The United Kingdom of Great Britain and Northern Ireland 25

26. Other Avenues for International Case Processing 42 USC§659A provides for state reciprocal arrangement under subsection (d): “State may enter into reciprocal arrangements for the establishment and enforcement of support obligations with foreign countries that are not the subject of a declaration pursuant to subsection (a), to the extent consistent with Federal law.” http://www.acf.hhs.gov/programs/css/irg-state-map 26

27. Other Avenues for International Case Processing (cont’d) UIFSA – state finding that a foreign country has “substantially similar” laws Comity – case by case determination as to whether a foreign order will be enforced  Courts may recognize judicial decisions of another country out of deference and mutual respect, even if no obligation exists to do so 27

28. Recognition of Need for New International Convention Review of existing Conventions carried out at The Hague in 1995 and 1999 Ongoing research by HCCH Secretariat Questionnaires to States and Interested Organizations: 1998 and 2002 Consultations / informal discussions 2001 / 2002 Mandate from 19 th Session (2002) of the Hague Conference on Private International Law 28

29. 2007 Hague Family Maintenance Convention Negotiations took place from 2003 – 2007 55 member countries, 15 observer countries, and NGOs 29

30. Hague Maintenance Convention – Current Status 31 Countries Have Ratified European Union countries (27) Norway Albania Bosnia and Herzegovina Ukraine 30

31. U.S. Ratification in 2016? 31 The pigs are flying!

32. What Has Happened The Senate gave advice and consent to ratify the treaty (Sept. 29, 2010) Congress approved implementing legislation that the President signed on Sept. 24, 2014  Pub. L. 113-183 Preventing Sex Trafficking and Strengthening Families Act  Requires a state to enact UIFSA 2008 in its next legislative session as a condition of federal Title IV-D funding  UIFSA 2008 – state legislation that will implement the Convention in U.S. 32

33. What Needs to Happen All states must enact UIFSA 2008 by the effective date in Pub. L. No. 113-183. The President must sign the instrument of ratification. THEN: United States will be able to deposit its instrument of ratification with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, the depository for the Hague Conference. It will take effect for the U.S. on the first day of the first month that is not less than three months after the date of deposit. 33

34. What Needs to Happen – UIFSA 2008 48 State Enactments*: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming * Uniform Law Commission - Legislative Fact Sheet (11/3/15) – effective dates vary Anticipate UIFSA 2008 will be in effect in all states prior to May 1, 2016 34

35. Hague Convention Resources 35 From website, www.hcch.net, go to the page for Child Support and Family Maintenance Sectionwww.hcch.net http://www.hcch.net/index_en.php?act=text.display&tid=191

36. Convention Resources (cont’d) Convention text Explanatory report Mandatory and recommended forms Country Profiles Handbook for caseworkers 36

37. Convention Implementation in U.S. Treaty implemented through state law - Uniform Interstate Family Support Act (UIFSA) (2008) OCSE will serve as Central Authority Will delegate case processing to state child support agencies Training is critical Child support agency staff and attorneys Judges Private bar 37

38. OCSE Role as Central Authority Locate services for Convention countries and FRCs trying to locate an individual in U.S. who is involved in a child support case Only the individual’s state may be released Policy guidance, tools, and training for state child support professionals, Convention countries, and FRCs 38

39. Working International Cases with No Reciprocity 39 42 USC§654(4)(A)(ii) requires child support agency to provide Title IV-D services to anyone who has filed a proper application for services with agency  Previously OCSE had interpreted the language as imposing no residency or citizenship requirement as a precondition for Title IV-D services Preventing Sex Trafficking and Strengthening Families Act of 2014 amended section, providing an exception for foreign cases:  If applicant resides in an FRC or foreign treaty country, state may opt to require individual to request services through its Central Authority  If individual resides in a foreign country that is NOT an FRC or foreign treaty country, state may accept or reject the application UIFSA 2008 – §307(a) provides alternatives for state legislature

40. UIFSA – Tell Me More! 40 Currently, three versions in use among states  1996  2001  2008 All versions incorporate three major concepts  Controlling Order  Continuing, Exclusive Jurisdiction to Modify  Continuing Jurisdiction to Enforce

41. Goals of UIFSA 2008 41 Implement the Hague Convention Address international cases in general Build upon UIFSA 2001

42. UIFSA 2008 – New Definitions 42 Definition of “state” includes “tribes” Separate definition of “foreign country” incl. many but not all foreign nations  Foreign reciprocating country  State reciprocal arrangement  Country with laws substantially similar to UIFSA  Convention country

43. UIFSA 2008 – New Definitions 43 Outside this state” means a location in another state or a country other than the United States, whether or not the country meets definition of a foreign country. “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007 Additional definitions related exclusively to Convention cases are in Article 7 “Record” means information “inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form”

44. Evidentiary Provisions 44 Definition for “record” allows electronic transmission of testimony “Penalty of perjury replaces “under oath” Requires tribunal to allow telephonic or other electronic testimony by non-resident party

45. UIFSA 2008 – Road Map 45 Most of UIFSA (Articles 1-6) applies to cases from states and from foreign countries (meeting definition) New Article 7 only applies to Convention orders

46. Registration for Enforcement 46 Procedure to recognize a foreign order Limited defenses If order not challenged, foreign order is confirmed Slightly different procedures depending upon whether it is an order issued by a Convention country

47. Defenses to Recognition and Enforcement of Convention Order Include 47 Recognition and enforcement of order is manifestly incompatible with public policy, including failure of issuing tribunal to observe minimum standards of due process Issuing tribunal lacked personal jurisdiction consistent with Section 201; Order is not enforceable in issuing country; If default order, there was a lack of due process re: notice & opportunity to be heard

48. Non-Recognition of Convention Order 48 If a tribunal does not recognize a Hague order because There was a lack of personal jurisdiction; There was procedural fraud; A proceeding between same parties with same purpose is pending before a tribunal of that state and that proceeding was filed first; or The order is a default order but the notice and opportunity to challenge did not satisfy due process Then -- The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new order.

49. Modification in International - Foreign Support Order 49 A U.S. tribunal may modify a foreign order, even if a party still resides in the issuing country, if the issuing country cannot or will not modify its order

50. Modification in International Cases - U.S. Support Order 50 A U.S. tribunal retains jurisdiction to modify an order it has issued if: (1) one party resides in another U.S. state (as defined by UIFSA); AND (2) the other party resides outside the United States

51. Direct Requests 51 Under Convention, a party may file directly with a tribunal, without going through a state child support agency If it’s a Convention case in U.S., UIFSA Article 7 applies.  In establishment, modification, or parentage cases, Article 7 says law of forum applies to proceeding.  In cases involving recognition and enforcement of order, Article 7 requires application of Sections 706 – 713.

52. OCSE Home Page 52

53. OCSE International Resources 53  OCSE international web page: http://www.acf.hhs.gov/programs/css/international http://www.acf.hhs.gov/programs/css/international  International Case Processing Guides  International FAQs for parents  Policy Guidance to States IM-15-01 http://www.acf.hhs.gov/programs/css/resource/uniform-interstate- family-support-act-2008-and-hague-treaty-provisions

54. For More Information: Information for Families http://www.acf.hhs.gov/programs/css/families Information about State Laws and Policies http://www.acf.hhs.gov/programs/css/irg-state-map Click on a state to learn about that state’s child support laws and policies Information about State Modification Procedures http://www.acf.hhs.gov/programs/css/resource/state-by-state-how-to- change-a-child-support-order Contact Information http://www.acf.hhs.gov/programs/css/resource/state-and-tribal-child- support-agency-contacts Click on a state for the address and main phone number of the state child support agency, as well as a link to its home page.. 54

55. Questions? 55 Margaret Campbell Haynes, Esq. Center for the Support of Families mhaynes@csfmail.org Susan Friedman Paikin, Esq. Center for the Support of Families spaikin@csfmail.org