Child Support 101
A Training Resource to Assist Mediators
Understand the Basics of the U.S. Child
Support Program and International Case
Processing
1
Key Acronyms
CP/NCP
AF/PF
FPLS
• Custodial Party/Noncustodial Party
• 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
• Federal Parent Locator Service
IV-D
• Part D of Title IV of the Social Security Act that
authorizes child support program
IWO
• Income Withholding Order
FIDM
• Financial Institution Data Match (also
MSFIDM)
SDU
• State Disbursement Unit
2
Topics Covered
 Overview of Child Support Program
 Services Provided
 International Case Processing
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Bi-lateral agreements
Hague Convention on International
Enforcement of Child Support and Other
Forms of Family Maintenance
Role of Central Authority
UIFSA 2008
3
Program Overview
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 wellbeing.
All 50 states, the
District of Columbia,
Puerto Rico, Guam,
the Virgin Islands,
and more than 50
federally recognized
tribes, run IV-D
programs.
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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
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Family Centered Approach
Child
Support
Prevention
Engagement
of Fathers
from Birth
CSE
Core Mission:
Locate Parents
Establish Paternity
Establish Orders
Collect Support
Economic
Stability
Family Violence
Collaboration
Health Care
Coverage
Healthy Family
Relationships
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
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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:


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Court order
Administrative order
Voluntary agreement with legal effect of an order
Current support, medical support, arrears, interest,
retroactive support
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Who Can Receive Services from a
Child Support Agency?
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
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Application for Services
Custodial and noncustodial parents
can apply for child
support services
through the child
support agency
Services may
include:
• Agency and agency attorneys do not
“represent” either party
• There are no residency requirements
•
•
•
•
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
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Federal Locate Services
Federal Parent
Locator Service
FPLS
Additional
Federal
Agencies
New Hire Data
National
Directory of
New Hires
NDNH
Quarterly
Wage Data
Federal Case
Registry
FCR
Unemployment
Data
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State Locate Sources
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
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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
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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
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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
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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
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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


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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
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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.
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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
License
income tax
suspension
refund
intercept
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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
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Custody, Visitation and Child
Support
Will the child support agency enforce the
visitation terms of my client’s support
order?
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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.
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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
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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
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Current U.S. Bi-Lateral
Agreements
 Australia
 Norway
 Canada – all
 Poland
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provinces/territories but
Quebec
Czech Republic
El Salvador
Finland
Hungary
Ireland
Israel
Netherlands
 Portugal
 Slovak Republic
 Switzerland
 The United Kingdom of
Great Britain and
Northern Ireland
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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
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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
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Recognition of Need for New
International Convention
 Review of existing Conventions carried out at The
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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 19th Session (2002) of the Hague
Conference on Private International Law
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2007 Hague Family
Maintenance Convention
 Negotiations took place from 2003 – 2007
 55 member countries, 15 observer countries, and
NGOs
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Hague Maintenance
Convention – Current Status
31 Countries Have Ratified
 European Union countries (27)
 Norway
 Albania
 Bosnia and Herzegovina
 Ukraine
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U.S. Ratification in 2016?
 The pigs are flying!
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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.
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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.
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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
Hague Convention Resources
From website, www.hcch.net, go to the page for Child
Support and Family Maintenance Section
http://www.hcch.net/index_en.php?act=text.display&tid=191
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Convention Resources
(cont’d)
 Convention text
 Explanatory report
 Mandatory and recommended forms
 Country Profiles
 Handbook for caseworkers
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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
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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
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Working International Cases with No
Reciprocity
 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
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UIFSA – Tell Me More!
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
40
Goals of UIFSA 2008
 Implement the Hague Convention
 Address international cases in general
 Build upon UIFSA 2001
41
UIFSA 2008 – New Definitions
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

42
UIFSA 2008 – New Definitions
 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”
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Evidentiary Provisions
 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
44
UIFSA 2008 – Road Map
 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
45
Registration for Enforcement
 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
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Defenses to Recognition and
Enforcement of Convention Order
Include
 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
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Non-Recognition of Convention Order
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.
48
Modification in International Foreign Support Order
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
49
Modification in International
Cases - U.S. Support Order
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
50
Direct Requests
 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.
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OCSE Home Page
52
OCSE International Resources
 OCSE international web page:
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-interstatefamily-support-act-2008-and-hague-treaty-provisions
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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-tochange-a-child-support-order
 Contact Information
http://www.acf.hhs.gov/programs/css/resource/state-and-tribal-childsupport-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.
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Questions?
 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
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