ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Rise to the Challenge: Advanced UIFSA.

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Presentation transcript:

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Rise to the Challenge: Advanced UIFSA Scenarios Speaker: Rob Velcoff Moderator: Sara McCollum

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #1 Eve has two children, Cain & Abel. Her husband, Adam, is recently deceased. She applies for services in your state, claiming that another man, Alex, is definitely the father of Cain and possibly the father of Abel. Alex is currently enrolled in the military, stationed in Iraq but with a legal residence in Florida. Is establishment of paternity and support an option? What course of action do you recommend, and where? Is the military service in Iraq a factor?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #2 There is a Puerto Rico order for Max to pay Maxine child support in the amount of $500/month for one child; the age of emancipation in PR is 21. Max moves to your state, and at PR’s request you begin to register the PR order for enforcement. During the 20 day objection period Max contacts your office and says that the child (age 19) is in the military and is self-sufficient, so the order should be terminated. Do you register the order? If he applies, what services do you supply for Max? What state has jurisdiction, and what actions must be taken? What would change if Maxine was no longer residing in PR?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #3 Maria has a New Jersey child support order (unallocated) for two children with Tony. Maria dies, and one of the children goes into IV-E Foster Care in Delaware, while the other child ends up with Maria’s mother in Maryland. Your office receives two separate petitions, one from DE and another from MD, requesting support. Tony, who now resides in your state, has been paying all along via income withholding to NJ. There are TANF arrears owed to NJ from when Maria was on Public Assistance. What actions do you take?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #4 George and Martha have a Georgia child support order for two children; Martha is the CP. George moves to your state, and at GA’s request you register the GA order for enforcement only. Martha moves to Virginia, but does not apply for child support services there, so you are still sending money to GA. Now you receive a petition from GA (filed on Martha’s behalf) for an upward modification of the GA order. What do you do? Which state has jurisdiction to modify? At the modification hearing, George says he now has custody of one of the children, and he wants the order modified downward to reflect this. Can your court do this? If not, who can?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #5 There is a $500/month child support order from the Chickasaw Nation of OK for Brittany to pay Kevin for their one child. Kevin moves to your state and applies for services. You request redirection of payments, and since the Chickasaw Nation has a federally approved IV-D program they comply, and payments are coming in. Brittany moves to Quebec Canada, and you attempt to register the order there for enforcement. Brittany objects, and the Quebec court says that since they do not have a reciprocal agreement with the Chickasaw Nation, they will not enforce the order, even though they do have a reciprocal agreement with your state. Brittany is not paying. What are your options? Where?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #6 There is a Massachusetts child support order for Tom to pay Gisele support for their two children. Tom moves to Connecticut, and Gisele moves to your state and applies for services. MA is still enforcing, so payments are redirected to your state. One day you receive a registration request from CT, requesting that you register a CT order for Gisele to pay Tom as he now has custody of the first child. You later find out that Gisele’s parents in Maine have custody of the second child. You have not heard anything from Gisele or her parents. What do you do? Is the CT order valid? Do you register it regardless? What about arrears owed to Gisele under the MA order? What about the second child?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina SCENARIO #7 Ashton and Demi have a South Carolina child support order for $1000/month for their three children (Demi is the CP). Ashton moves to California, and Demi moves to your state and applies for services, requesting a modification of the SC order to add a fourth child. Ashton says he is not the father, and he is contesting your jurisdiction to establish paternity, saying your state does not have longarm jurisdiction over him. What do you do, and where?

ERICSA 51 st Annual Training Conference & Exposition ▪ May 18 – 22 ▪ Sheraton Greensboro ▪ Greensboro, North Carolina Thank you for your participation. Rob Velcoff Manager of Interstate Operations New York State Division of Child Support Enforcement Sara McCollum Regional Counsel Massachusetts Department of Revenue/CSE