HUMAN SERVICES
DIVISION OF FAMILY DEVELOPMENT
Child Support and Paternity Program
Proposed Readoption with Amendments: N.J.A.C. 10:110
Proposed New Rule: N.J.A.C. 10:110-7.3
Authorized on September 4, 2008 by: Jennifer Velez, Commissioner, Department of
Human Services
Authority: N.J.S.A. 30:1-12; 44:10-58; 47:1A-1, et seq. as amended by P.L. 2001,
c. 404, Public Access to Government Records; 42 U.S.C. §§601, 654, 654(22), 658,
666(a)(17) and (a)(19), and 669A, as amended in accordance with Public Law
104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA); and 45 CFR 260.50-59, and 301 through 310; Public Law 105-34, The
Taxpayer Relief Act of 1997; Public Law 105-149, The Balanced Budget Act of 1997;
Child Support Performance and Incentive Act of 1998, P.L. 105-200; P.L. 1998, c.
1, the New Jersey Child Support Program Improvement Act (NJCSPIA); and P.L. 1998,
c. 2, the New Jersey Uniform Interstate Family Support Act; 42 U.S.C. §§651
through 669B; the New Jersey Rules of Court (Rule 5:6A and Appendices IXA through
IXH), and the Deficit Reduction Act of 2005 (P.L. 109-171).
Calendar Reference: See Summary below for explanation of exception to calendar
requirement.
Proposal Number: PRN 2008-330
Submit comments by December 5, 2008 to:
Miguel Mendez, Administrative Practice Officer
Division of Family Development
P.O. Box 716
Trenton, New Jersey 08625-0716
The agency proposal follows:
Summary
As the Department is providing a 60-day comment period on this notice of proposal,
this notice is excepted from the rulemaking calendar requirement pursuant to
N.J.A.C. 1:30-3.3(a)5.
In accordance with N.J.A.C. 1:30-6.4, the Department of Human Services proposes to
readopt N.J.A.C. 10:110, which will otherwise expire on July 28, 2009, pursuant to
N.J.S.A. 52:14B-5.1c.
N.J.A.C. 10:110 establishes the policies necessary for the orderly provision of
child support services on a Statewide basis. These policies are binding on those
entities or partners in New Jersey’s Child Support Program that administer any of
the services of the Child Support Program or support the function of the Program
and include, but are not limited to: the Office of Child Support Services (OCSS),
the New Jersey Division of Family Development (DFD), the Department of Human
Services (DHS); county welfare agency child support units (CWA/CSUs) and
attorneys; county sheriffs’ officers; the Judiciary: the Administrative Office of
the Courts; Probation Division Child Support Enforcement; Family Division Intake
Units; Finance Division; local vicinage finance units; child support hearing
officers; the courts; other departments and agencies with which OCSS shares
information; contracted vendors of the New Jersey Child Support Program;
attorneys; and other states through the interstate processes.
The policies of N.J.A.C. 10:110 comport with Federal and State statutes and rules
that affect the Child Support Program, including the requirements of the
applicable sections of the Social Security Act (42 U.S.C. §§651 through 669B), 45
CFR 301 through 310, the New Jersey statutes and New Jersey Court Rules and
directives of the Federal Office of Child Support Enforcement.
- 2 The following is a description of the subchapters of N.J.A.C. 10:110:
N.J.A.C. 10:110-1 describes the general provisions of the Child Support Program.
This includes the purpose and scope of the Program as defined by Title IV-D of the
Social Security Act. It introduces the Office of Child Support Services located
in DFD, DHS, as the designated entity of the State responsible for supervising the
New Jersey Child Support Program. The subchapter also defines the child support
services that are provided, provides that there shall be no discrimination in the
administration of these services, and delineates how both public assistance and
non-public assistance applicants/recipients can access services.
The subchapter describes how requests for information shall be addressed and
provides for confidentiality of information and privacy of custodial and
non-custodial parents and their children.
N.J.A.C. 10:110-1A defines the words and terms used within this chapter, unless
the content of the subchapters clearly indicates otherwise.
N.J.A.C. 10:110-2 addresses the administration of the Child Support Program. This
subchapter authorizes the OCSS to enter into cooperative agreements and contracts
for IV-D services. The subchapter provides for the processing of interstate cases
in accordance with the Uniform Interstate Family Support Act (UIFSA) and gives
full faith and credit to other states’ and eligible foreign jurisdictions’ child
support orders.
N.J.A.C. 10:110-3 addresses the continuing responsibilities of all entities
involved in the delivery of child support services. This includes the OCSS;
CWA/CSUs and attorneys; the Judiciary: the Administrative Office of the Courts;
Probation Division Child Support Enforcement; Family Division Intake Units;
Finance Division; local vicinage finance units; child support hearing officers;
and the courts.
N.J.A.C. 10:110-4 delineates the rights and responsibilities of both the custodial
and the non-custodial parents in the child support process. The subchapter
provides that both the custodial and the non-custodial parents shall be provided
with easy access to an application for child support services, and once the case
is established, to notice of actions that significantly impact the status of the
case. The subchapter also delineates the responsibilities of the custodial and
non-custodial parents that include the duty to cooperate in providing information
to establish paternity and to establish an order for monetary and medical support,
which includes the obligation to provide any changes in information concerning
addresses, employment or custody. The parents must respond to subpoena(s) with
respect to child support matters. The non-custodial parent must ensure that
sufficient funds are available to meet the child support payment due, and make
good on any returned payment(s) and/or penalties charged for such bad payments.
N.J.A.C. 10:110-5 provides that child support services are delivered through
administrative subpoena and administrative enforcement whenever possible. The
subchapter details the use of the administrative subpoena and the penalties for
refusal to comply. The subchapter also authorizes the use of administrative
enforcement to gain compliance with established child support orders for both
in-State and interstate cases. This subchapter confers authorization on the
Program to petition the court to have a non-custodial parent (both those with a
child(ren) receiving public assistance and those that are non-assistance cases)
participate in work activities for the non-payment of child support.
N.J.A.C. 10:110-6 discusses child support authorizations granted to agencies
providing certain services to children. It delineates that an assignment of child
support rights to the CWA is automatic upon application for or receipt of Work
First New Jersey/Temporary Assistance for Needy Families (WFNJ/TANF) benefits on
behalf of a child, or upon referral of a case by the Division of Youth and Family
Services (DYFS) for a child receiving such services. Moreover, an assignment of
medical support rights to the Division of Medical Assistance and Health Services
is automatic upon application for Medicaid. The subchapter also provides that any
- 3 application for child support services by a non-public assistance individual is
authorization by that individual to have the Child Support Program locate or
assist him or her in establishing parentage and establishing, modifying, or
enforcing child and medical support for his or her child(ren).
N.J.A.C. 10:110-7 deals with the application process and fees for child support
services. The subchapter provides that there is no fee for public assistance
recipients. Applications are to be made accessible to the public. The fee for
non-public assistance recipients is six dollars.
N.J.A.C. 10:110-8 describes case action procedures to initiate child support
services for WFNJ/TANF applicants/recipients who must cooperate in order to
receive public assistance benefits, and for non-public assistance
applicants/recipients requesting those services.
N.J.A.C. 10:110-9 concerns cooperation rules for WFNJ/TANF and Medicaid
applicants/recipients and is the same as the rules at N.J.A.C. 10:90-16.2 through
16.5. Applicants and recipients of WFNJ/TANF are required to cooperate with the
child support agency to establish parentage and establish, modify and enforce
child and medical support orders. If the applicant/recipient of WFNJ/TANF fails
to cooperate by not providing the necessary information, the child support agency
shall send notice to the applicant/recipient that a determination of noncooperation shall be made, unless he or she takes specified actions to cooperate.
The subchapter includes the handling of cases requesting good cause exceptions to
cooperation with child support requirements.
N.J.A.C. 10:110-10 deals with service of process in the establishment,
modification and enforcement of orders. The subchapter also discusses diligent
efforts to serve process, including making inquiries of government agencies such
as the United States Postal Service, the New Jersey Motor Vehicle Commission, the
New Jersey Department of Labor and Workforce Development, the New Jersey
Department of Corrections and the Division of Taxation, in the New Jersey
Department of the Treasury.
N.J.A.C. 10:110-11 provides the timeframes for conducting location efforts in
pursuing non-custodial parents or alleged fathers and/or their assets. The
subchapter provides that all local, State and Federal resources shall be utilized
during location investigations.
N.J.A.C. 10:110-12 delineates paternity establishment policies. It identifies the
timeframes for commencing a paternity establishment action. Before initiating
proceedings to establish paternity, an allegation of paternity shall be obtained.
The subchapter provides for the voluntary establishment of paternity through the
Certificate of Parentage. In cases where paternity is not voluntarily
established, a complaint shall be filed in a court of competent jurisdiction.
Where genetic testing is warranted, it shall be scheduled with a State-approved
facility. If genetic test results show the alleged father meets the 95 percent or
higher threshold of probability, a rebuttable presumption of paternity is created
and is the basis for entry of a judgment of paternity. In cases of adoption, an
action to establish paternity against an alleged biological father shall not be
initiated, unless a court of competent jurisdiction overturns the adoption.
Similarly, in cases of artificial insemination, where the mother is inseminated
with sperm donated anonymously to a sperm bank or similar institution, an action
to establish paternity shall not be initiated.
N.J.A.C. 10:110-13 provides the establishment of support obligations in accordance
with the New Jersey Child Support Guidelines. The subchapter provides the
timeframes for establishing child and medical support obligations in cases where
parentage has been legally established, but where a support order does not exist.
The Child Support Guidelines of the New Jersey Supreme Court Rule 5:6A are
incorporated into this subchapter, by reference. A deviation from them may be
made by the court, in establishing an order on a case, only when good cause is
demonstrated.
- 4 N.J.A.C. 10:110-14 provides for the triennial review and possible
adjustment/modification of cases. All WFNJ/TANF, foster care and Medicaid cases
on which a support order has been established, or which were last reviewed or
adjusted in the prior three-year period, shall have a review initiated by the
Program for possible adjustment before the three-year anniversary date. Upon
written request of either party, non-public assistance cases on which the support
order was established, last reviewed, or modified three years prior, shall also be
reviewed for possible adjustment. The subchapter also identifies situations in
which a review shall not be initiated. In addition, the review process and
appropriate notices concerning the review are described.
N.J.A.C. 10:110-15 identifies the timeframes for enforcing support obligations and
delineates the remedies available to enforce obligations, including: income
withholding; unemployment compensation benefits intercepts; workers’ compensation
benefits intercepts; financial institution data matches (FIDM); Federal income tax
refund intercepts; New Jersey Lottery winnings intercepts; license suspensions,
denials, or revocations; credit bureau reporting; Internal Revenue Service full
collections; State Income Tax/Homestead/Saver Rebate intercepts; judgments for
child support liens against net proceeds; denials, revocations, or limitations of
the passport; the Uniform Fraudulent Transfer Act; and work requirements for nonpayment of support. The remedies available to enforce support obligations are not
limited to the foregoing list.
N.J.A.C. 10:110-16 provides for the distribution of excess child support payments
and the timeframes for distribution of the amounts collected.
N.J.A.C. 10:110-17 identifies how payments on past due support amounts (also known
as arrearage payments) shall be used to satisfy claims where payment is made.
Arrearage payments are distributed in accordance with the Federal provisions at 42
U.S.C. §657(a)(2)(B). Exceptions to these provisions are those payments from
Federal tax intercepts.
N.J.A.C. 10:110-18 provides for the distribution of incentive payments received by
the IV-D Program of the State under section 458(f) of the Social Security Act and
45 CFR 304.12. These funds supplement monies spent on the State IV-D Program.
The subchapter describes the methodology for distribution of incentive funds to
improve the effectiveness and efficiency of the State Program.
N.J.A.C. 10:110-19 provides that the State Case Registry shall be maintained in
accordance with the Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA) of 1996 (P.L. 104-193) and the New Jersey Child Support Improvement
Act as cited above.
N.J.A.C. 10:110-20 provides that all Federal requirements and timeframes for
closure of IV-D cases are followed in accordance with 45 CFR 303.11. The
subchapter provides details on when child support cases should be closed for
administrative purposes to maintain a caseload that includes only those cases for
which adequate information is available and that, therefore, have a greater
likelihood of resulting in provision of support to children. Such procedures
enable the Program to be more responsive to those families and children it can
assist, while being administratively efficient in establishing paternity and
securing support. The subchapter also discusses case record retention and the
re-opening of closed cases.
Since the last readoption, there have not been any changes to N.J.A.C. 10:110.
As a result of a continuous review process, the following amendments are being
proposed as part of the proposed readoption of N.J.A.C. 10:110:
Summary of Proposed Amendments:
Proposed amendments throughout the chapter replace “country(ies)” and “state(s)”
with the term “jurisdiction(s)” to better reflect the broader definition within
the Title IV-D Program as found in Federal regulations at 45 CFR 300 et seq. The
- 5 Glossary of Common Child Support Terms published in 2007 by the Federal Office of
Child Support Enforcement (OCSE) defines “jurisdiction” as “the legal authority
which a court or administrative agency has over particular persons and over
certain types of cases, usually in a defined geographical area. Also, a term used
to signify a geographic location such as a State or Tribe with a tribunal that
exercises such authority.”
Proposed amendments throughout the chapter also replace “paternity” with the term
“parentage,” when referring to the establishment of a parent child relationship.
N.J.S.A. 9:17-39 defines the “parent child relationship” as “... the legal
relationship existing between a child and child’s natural or adoptive parents,
incident to which the law confers or imposes rights, privileges, duties, and
obligations. It includes the mother and child relationship and the father and
child relationship.” The term “paternity” remains in the chapter, when it refers
to the establishment of a father and child relationship, through administrative or
judicial process, for unmarried individuals, or when it refers to a specific
Federally-mandated paternity establishment function under Title IV-D of the Social
Security Act. Many states, including New Jersey, have passed laws recognizing the
legality of domestic partnerships (Domestic Partnership Act, N.J.S.A. 26:8A-1 et
seq.) and civil unions (Civil Union Law, N.J.S.A. 37:1-1 et seq.) affording same
sex couples the rights and protections of traditionally married couples. The use
of the term “parentage” recognizes that non-biological parents are entitled to the
establishment of parental rights equal to those of biological parents.
The proposed amendment at N.J.A.C. 10:110-1.2(f) adds the New Jersey Child Support
Institute (NJCSI), as an entity that the OCSS oversees in the delivery of child
support training. NJCSI provides comprehensive training for professionals who
work in New Jersey’s Child Support Program to ensure that children and their
families obtain the financial and medical security they deserve.
The proposed amendment at N.J.A.C. 10:110-1.4(a)1 clarifies the types of medical
support services provided by the Child Support Program to WFNJ/TANF, WFNJ/GA,
Title XIX Medicaid applicants, and Title IV-E DYFS referrals.
The proposed amendment at N.J.A.C. 10:110-1.7(a)1 deletes the reference to “Title
IV-F” of the Social Security Act. Title IV-F of the Social Security Act, also
known as the Job Opportunities and Basic Skills Training Program, was replaced by
TANF under PRWORA. Additionally, reference to 42 U.S.C. §§301 et seq. and §653
and §663 has been deleted since it is redundant. All Titles of the Federal Social
Security Act are already cited at the end of the paragraph (42 U.S.C. §§301 et
seq.).
The proposed amendment at N.J.A.C. 10:110-1.7(d) clarifies that Title IV-D and
Internal Revenue Code rules concerning the confidentiality of child support and
Federal tax information prevail, if there are conflicting rules used by any
persons, agencies or organizations that provide direct or indirect services to
implement Title IV-D requirements.
The proposed amendment at N.J.A.C. 10:110-1.8(b) corrects an Administrative Code
cross-reference.
N.J.A.C. 10:110-1A.1, containing the definitions of terms used throughout this
chapter, has been amended as follows:
The proposed amendment to the definition of “Indian Tribe” adds reference to
“subsections (e) and (1) of section 4 of the Indian Self-Determination and
Education Act.” The reference to “P.L. 93-638” is replaced with the U.S.C. cite
to comport with the Federal definition.
A definition of “New Jersey Child Support Institute (NJCSI)” has been added.
A definition of “Parentage” has been added to mean the legal relationship between
a child and a parent of the child.
- 6 The proposed amendments at N.J.A.C. 10:110-3.4(a) provide clarification as to
OCSS’ responsibilities for monitoring the Administrative Office of the Courts
(AOC), not the entire Judiciary. The proposed amendment at N.J.A.C. 10:1103.4(a)1 clarifies that any standard operating procedures, practices and forms
developed by the AOC must comport with Title IV-D of the Social Security Act.
The proposed amendment at N.J.A.C. 10:110-3.4(a)2 provides that the distribution
of payments accepted at the probation divisions is not the responsibility of the
AOC. The probation divisions will accept payments in certain circumstances, but
the distribution of payments accepted at the probation divisions must be performed
by the State Disbursement Unit (SDU). The amendment aligns this paragraph with
N.J.A.C. 10:110-1A.1 (definition of AOC) and text throughout the chapter
concerning AOC’s responsibilities.
The proposed deletion of N.J.A.C. 10:110-3.4(a)9 is proposed as the State
disbursement unit, not AOC, distributes the collections of child support funds in
accordance with Federal requirements of the Child Support State Plan and 45 CFR
302.32.
The proposed amendment at N.J.A.C. 10:110-5.4(b)2 eliminates reference to the
“CS022.” The CS022 is the designated document identifier for the ”Notice of
Delinquency” document on the current child support automated system that is
produced and sent to an obligor, when support payments are not made in accordance
with a court ordered support obligation, and arrears accrue. The automated child
support system is in the process of being reengineered. While the automatic
production of the Notice of Delinquency will be incorporated into the reengineered
system, the designated identifier may change or be eliminated. A general
reference to the document will eliminate the need for future amendments.
The proposed amendment renames Subchapter 7 to incorporate the new rule concerning
the $25.00 annual fee mandated by the Deficit Reduction Act of 2005 (DRA) (P.L.
109-171) at N.J.A.C. 10:110-7.3.
Proposed new N.J.A.C. 10:110-7.3 incorporates the provisions of Section 7310 of
the DRA. That section requires states to impose an annual fee of $25.00 on
families who have never received TANF assistance, if collections of at least
$500.00 have been made in their child support case. The DRA provisions amend 42
U.S.C. §654(6)(B).
The proposed technical amendments at N.J.A.C. 10:110-10.3 and 11.2(l)1 change
“Division of Motor Vehicles” to “Motor Vehicle Commission,” and “Department of
Labor” to “Department of Labor and Workforce Development.”
The proposed amendment at N.J.A.C. 10:110-15.2(a)4i incorporates the authority the
OCSS has to enter into cooperative arrangements with other states for the purpose
of obtaining financial institution data match (FIDM) information. Under State and
Federal statutes, the OCSS has the authority to administratively identify
financial assets of non-custodial parents owing past due child support that are
held in financial institutions. Being able to enter into cooperative agreements
with other states enhances the ability of the OCSS to identify and seize these
assets.
The proposed deletion of N.J.A.C. 10:110-15.2(a)4i(1) is proposed as the
definitions for “accounts,” “financial institutions,” “selection criteria,” and
“exemption from levy” are addressed in N.J.A.C. 10:110-1A.1.
The proposed amendment at N.J.A.C. 10:110-15.2(a)4i(2) (recodified as (a)4i(1))
provides that financial institutions doing business in more than one state may
elect to provide the match data to OCSE for subsequent transmission to OCSS under
the “Multistate Finacial Institution Data Match (MSFIDM)” program. Under MSFIDM,
the State enters into an agreement with the Federal OCSE to act as its agent, and
OCSE enters into agreements with every multistate financial institution electing
to match through the FPLS. By participating in MSFIDM, the Department is not
- 7 required to enter into separate agreements with each multistate financial
institution doing business in the State.
The proposed amendment at N.J.A.C. 10:110-15.2(a)4i(4) (recodified as N.J.A.C.
(a)4i(3)) provides that there is an exception for multistate financial
institutions reporting directly to the Federal OCSE.
The proposed amendment at N.J.A.C. 10:110-15.2(a)4ii(2)(B) clarifies that the
financial institution shall remit the funds as directed in the “Notice of Levy”
currently used, or other “notice” or “letter” produced in the future, for this
purpose.
The proposed deletion of N.J.A.C. 10:110-15.2(a)4ii(2)(C) is proposed as this
provision has been incorporated in the proposed amendment at N.J.A.C.
10:110-15.2(a)4ii(2)(B).
The proposed amendment at N.J.A.C. 10:110-15.2(a)4iii(1)(F) adds extreme hardship
as an additional reason for an accountholder to contest the levy in writing and
request an administrative contest review. Extreme hardship has been included as a
reason to contest a levy in the “Notice of Levy” since the inception of the FIDM
program.
Social Impact
The Child Support Program is a Federal mandate of the Social Security Act
established in Title IV, Part D (42 U.S.C. §§651 et seq.). States are authorized
through the completion of a Child Support State Plan, submitted by the state’s
child support agency to the Federal OCSE, to maintain a Program consistent with
Federal mandates and to obtain eligibility for block grant funds under the Federal
TANF Program.
Since 1975, New Jersey has maintained a Child Support Program. The OCSS, in DFD,
DHS, is the State’s designated IV-D Agency. This Office is responsible for the
administration of the Program and accomplishes the operation of the Statewide
Program through cooperative agreements/arrangements with the CWAs and components
of the Judiciary that are involved in the Title IV-D Child Support Enforcement
Program, including the Administrative Office of the Courts, Probation Division,
Family Division, Finance Division, and through other contractual agreements.
Child support payments can make a significant contribution to reducing economic
deprivation of the State’s children. Non-welfare single parents need better
access to child support services to maintain self-sufficiency and to maintain the
economic well-being of children. With the stringent work requirements and
time-limited benefits of the WFNJ Program, the Child Support Enforcement Program
has become a critical means of economic support for single parents. For WFNJ
recipients to achieve self-sufficiency it is essential that child support payments
be timely and consistently received.
WFNJ/TANF and Medicaid applicants/recipients and foster care children are required
to cooperate with the Child Support Program, both to establish parentage when
necessary, and to establish, modify and enforce child support orders. Stressing
Program cooperation for children on public assistance follows the long-standing
belief, since the establishment of the Child Support Program for that purpose in
1975, that child support is a positive tool as a welfare cost recovery mechanism.
Through that recovery process, collections are paid to the government to reimburse
assistance granted and, as such, have exceeded the costs of government to run the
Child Support Program. As of the previous readoption in Federal fiscal year (FFY)
2002, the number of children in receipt of public assistance was 63,807. As of
FFY 2006, the most recent year the Federal OCSE has prepared a preliminary report
of Child Support Enforcement, that number has increased five percent to 66,953
children.
- 8 When the composition of the Child Support Program caseload is reviewed, however, a
different trend is revealed concerning the use of child support services. Of the
nearly 16 million cases reported in FFY 2006 nationwide, only about 3 million, or
19 percent, represent families with children currently receiving public
assistance. Through the years, the mantle of child support has expanded to
include services to families that have never before received assistance. In fact,
approximately 38 percent of those served by the Program have no past or present
connection to the welfare program. New Jersey’s statistics are similar in that
its never assisted caseload is approximately 37 percent of its total caseload.
The composition of the family structure has changed in the United States and
throughout the world. An increasing number of children are now living in
one-parent situations, placing a greater need on ensuring that both parents remain
in the lives of their children. The United States Census Bureau reports that in
the Spring of 2007, an estimated 12.9 million parents nationwide had custody of
22.6 million children under 21 years of age whose other parent lived somewhere
else. Of all such custodial parents, 81 percent were mothers and 19 percent were
fathers, a fact that has remained statistically stable since 1994.
Within this milieu, the Child Support Program becomes ever more imperative for
those children living in single-parent households and especially for those
children on public assistance when considering the financial stability of such
families in leaving welfare. The gap in income, for both never-assisted and
public assistance families, must be made up through a variety of resources for the
economic support of the children. This is where child support becomes one of the
most important Programs available to families of New Jersey, and where it has
clearly shown itself to be a critical contributor to family financial constancy
and strength.
The total nationwide caseload of Title IV-D cases has been decreasing slightly in
number since 1998, and as reported for the FFY ending September 30, 2006, that
number is approximately 15,900,000 cases. New Jersey’s total Title IV-D caseload
for that same period is 359,530 cases representing 346,375 children and affecting
over one million families.
According to nationwide statistical information collected by the Federal OCSE,
data for FFY 2006 shows that the Program continues to collect and distribute money
for more than three-fourths of the child support orders that it was charged to
enforce. That represents an impressive improvement, since that doubled the 38
percent of orders that resulted in a collection in FFY 1997. In FFY 2002, New
Jersey made a collection on a total of 222,025 cases in its caseload of 267,107
cases with orders, and in FFY 2006, a collection was obtained on 234,043 cases in
a total caseload of 294,424 cases with orders. This represents a five percent
increase in collections for New Jersey’s children, since FFY 2002. However, while
the percentage of collections appears to have improved considerably, those
collections do not represent a payment received by all children in the caseload.
Similar gains have occurred in the area of orders establishment. Nationally, over
three-fourths of parents (77 percent) who sought help getting child support
actually got a court order mandating the payment of that support. This too
represents a continuing advance over the 70 percent success rate of four years
ago. New Jersey’s order establishment rate is five percent above the national
average at 82 percent.
A third measure relative to child support activity progress concerns paternity
establishments for children born out of wedlock. State paternity establishments
showed an approximate three percent increase from FFY 2002 to FFY 2006 with 77
percent of those establishments being voluntary acknowledgements of paternity.
The readoption of this chapter provides for continued provision of child support
services to families of New Jersey and to those families living out-of-State who
have a non-custodial parent residing within New Jersey.
- 9 The proposed amendment at N.J.A.C. 10:110-1.2(f) dealing with NJCSI will have a
positive impact. The New Jersey Child Support Program is constantly developing
initiatives to improve the delivery of child support services to its customers.
NJCSI was developed to be the entity that provides comprehensive uniform Statewide
child support training from case initiation through establishment and enforcement
of child support orders, to all agencies involved in the delivery of services.
NJCSI will have a positive social impact on the staff that provides the services
and the customers that benefit from those services. An educated and knowledgeable
staff is best prepared to meet the needs of the families that rely on the payment
of child support to develop or maintain self-sufficiency.
Economic Impact
The following Program operational areas illustrate the economic achievements that
have occurred in the Title IV-D Program in a four-year period in several key
resource areas.
Income Withholding results for FFY 2002 yielded $554.9 million in collections.
FFY 2006, those collections increased to $683.7 million showing an overall
increase of 19 percent.
Intercepts from the Federal Income Tax totaled $29.1 million in FFY 2002.
2006, those monies increased to $37.2 million.
In
In FFY
The FIDM became operational in August 2000. As of FFY 2006, the total amount
collected through this process is approximately $41.8 million: $18.9 million in
non-direct collections and $22.9 million in direct collections.
State Tax intercepts in FFY 2002 totaled $7.3 million. That figure decreased by
26 percent for a total of $5.4 million received for FFY 2006.
A vital measure of success concerns distributed collections. In FFY 2002, $820.2
million was distributed, including monies on current and past-due support to
families and other entities. An increase of 18.7 percent in distributed
collections in FFY 2006 totaled $1.09 billion.
As of 2007, New Jersey’s total Title IV-D caseload is 354,195 cases representing
336,589 children and affecting over one million families. The Title IV-D
Program’s cost-benefit ratio is 4.56, that is, for every dollar that is spent in
the administration of the Child Support Program, a resulting $4.56 in revenue is
produced for families.
Expenditures for FFY 2002 were $169,876,122.
for FFY 2007 were $229,992,759.
It is estimated that expenditures
Proposed new N.J.A.C. 10:110-7.3 concerning the $25.00 annual fee, is not expected
to have an economic impact on clients. In order to comply with the provision,
states have four options: (1) retain the fee from collected support; (2) charge
the individual applying for services; (3) recover the fee from the absent parent;
or (4) pay the fee out of State funds. In order to eliminate any adverse economic
impact to the clients, the Department has opted to pay the fee out of State funds.
In 2007, there were approximately 83,417 cases that met the criteria of never
receiving TANF and at least $500.00 in payments per year. It is estimated that
paying the fee with State funds will increase Program costs by approximately $1.0
million annually. There is a potential negative impact on the non-custodial
parent, if there are no Federal incentive dollars available to pay the $25.00
annual fee because the State Title IV-D agency would have to collect the annual
fee from the non-custodial parent.
The proposed amendment at N.J.A.C. 10:110-15.2(a)4 concerning cooperative
agreements with other states, will have a positive economic impact on the families
that rely on the receipt of child support to develop and maintain selfsufficiency. Being able to enter into cooperative agreements with other states
enhances the ability of the OCSS to identify and seize these assets.
- 10 Proposed N.J.A.C. 10:110-15.2(a)4iii(1)(F), which adds extreme hardship as a
reason to contest a levy, will have a positive impact on the accountholder. If
the accountholder can contest the levy due to extreme hardship, the levy may be
released and the account would not be seized.
Federal Standards Statement
The rules proposed for readoption with amendments and a new rule contain
standards, which do not exceed those imposed by Federal law under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L.
104-193 as amended by P.L. 105-34, the Taxpayer Relief Act of 1997 and P.L.
105-149, the Balanced Budget Act of 1997, and as those laws amended the Social
Security Act in applicable sections of the Act (42 U.S.C. §§601 and 651 through
669B), and applicable sections of the Code of Federal Regulations (45 CFR 260.50
through 260.59 and 301 through 310).
Jobs Impact
The rules proposed for readoption with amendments and a new rule will not result
in the generation or loss of jobs.
Agriculture Industry Impact
The rules proposed for readoption with amendments and a new rule have no impact on
the agriculture industry.
Regulatory Flexibility Statement
The rules proposed for readoption with amendments and a new rule have been
reviewed with regard to the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.
The rules proposed for readoption with amendments and a new rule impose no
reporting, recordkeeping, or other compliance requirements on small businesses
because these rules govern public entities; therefore, a regulatory flexibility
analysis is not required. The rules govern a public assistance program designed
to certify eligibility for the WFNJ Program and child support services to a lowincome population by a governmental agency rather than a private business
establishment.
Smart Growth Impact
The rules proposed for readoption with amendments and a new rule have no impact on
the achievement of smart growth and implementation of the State Development and
Redevelopment Plan.
Housing Affordability Impact
The rules proposed for readoption with amendments and a new rule will have no
impact on housing affordability because the rules govern a public assistance
program designed to certify eligibility for the Child Support program to a lowincome population by a governmental agency rather than a private business
establishment.
Smart Growth Development Impact
The rules proposed for readoption with amendments and a new rule will have no
impact on smart growth development in Planning Areas 1 or 2 because the rules
govern a public assistance program designed to certify eligibility for the Child
Support program to a low-income population by a governmental agency rather than a
private business establishment.
Full text of the rules proposed for readoption may be found in the New Jersey
Administrative Code at N.J.A.C. 10:110.
- 11 Full text of the proposed amendments and new rule follows (additions indicated in
boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. GENERAL PROVISIONS OF THE CHILD SUPPORT PROGRAM
10:110-1.2 Child Support Program administration
(a)-(e) (No change.)
(f) The OCSS shall operate the New Jersey Child Support Institute (NJCSI) to
train staff of all entities providing IV-D child support services.
Attendance at new hire training shall be mandatory for all new staff
within six months of their hiring dates.
10:110-1.3 Child support services
(a) (No change.)
(b) Child support services shall include, but not be limited to, the following
services:
1. (No change.)
2. Establishment of [paternity] parentage or filiation proceedings;
3.-5. (No change.)
(c) (No change.)
10:110-1.4 Eligibility for services
(a) Individuals residing in New Jersey who receive WFNJ/TANF, WFNJ/GA, Title
XIX Medicaid assistance or who are referred as Title IV-E foster care
cases are eligible for child support services.
1. WFNJ/TANF and WFNJ/GA applicants and recipients, Title XIX Medicaid
applicants and recipients, and Title IV-E DYFS referrals shall accept
child support services, including medical support establishment and
enforcement, as a condition of eligibility for public assistance,
unless good cause is found in accordance with N.J.A.C. 10:110-9.2
through 9.5 or 10:90-16.2 through 16.5 for not providing these
services.
2.-4. (No change.)
(b)-(c) (No change.)
10:110-1.5 Delivery of service
Title IV-D services provided by the county agency child support units to
WFNJ/TANF applicants/recipients also shall be provided to non-public
assistance applicants/recipients in both intrastate and interstate cases
(including, but not limited to cases originating from another state, from an
Indian Tribe/Tribal organization child support enforcement agency, from
foreign reciprocating [countries] jurisdictions in accordance with 42 U.S.C.
[§ 659A] §659A, from U.S. citizens living abroad, and from non-resident aliens
who apply or have applied directly to a state for child support enforcement
services).
- 12 10:110-1.7 Confidentiality and privacy
(a) Unless further restricted by Federal or State law, the use or disclosure
of information concerning applicants or recipients of child support
services, including the child(ren); legal guardians; putative fathers; and
non-custodial parents; and other individuals for whom information may be
in the record (such as, but not limited to grandparents, other siblings or
dependents in the home or outside the home), shall be limited, based on
the right and need to know the information, to purposes directly connected
with:
1. The administration of the State plan or Program approved under parts A,
B, D, or E[, or F] of Title IV or under Titles I, II, III, X, XIV, XVI,
XIX, XX, or XXI of the Federal Social Security Act [(42 U.S.C. §§ 301
et seq. and § 653 and § 663)] or the Supplemental Security Income
Program established under Title XVI of the Federal Social Security Act
(42 U.S.C. [§§ 301] §§301 et seq.);
2.-4. (No change.)
(b)-(c) (No change.)
(d) The confidentiality and privacy safeguards of the Child Support Program
shall be in compliance with all applicable Federal and State laws,
regulations, Court rules and as described [herein] in this chapter. If
court rules or regulations of a program other than the IV-D Program
conflict with these safeguards, the confidentiality and privacy safeguards
required by Title IV-D shall control. These confidentiality and privacy
safeguards shall be binding on DHS, its subordinate agencies, and on all
persons, agencies and organizations that contract with the DHS to provide
IV-D services, directly or indirectly; or under any agreements or other
instruments used for such purposes by the Department or its designees in
implementing Title IV-D requirements.
1.-5. (No change.)
(e) (No change.)
10:110-1.8 Requests for information
(a) (No change.)
(b) Information concerning the non-custodial parent shall be released to
consumer credit agencies upon their request in accordance with N.J.A.C.
10:110-[15.2(a)9]15.2(a)8.
(c)-(d) (No change.)
SUBCHAPTER 1A. DEFINITIONS
10:110-1A.1 Definitions
The following words and terms, used within this chapter, shall have the
following meanings unless the context clearly indicates otherwise:
...
"Arrearage" means the amount of unpaid support that is past due under a court
order or an administrative order from a [state] jurisdiction, for support of a
child or of a child and the custodial parent.
- 13 ...
"Automated Administrative Enforcement of Interstate Cases (AEI)" means the
State’s ability to locate, place a lien on, and seize financial assets of
delinquent obligors upon request of another state or Indian Tribe/Tribal
organization child support enforcement agency, or foreign reciprocating
[country] jurisdiction.
...
"Child support" means the amount required to be paid under a judgment, decree,
or order, whether temporary, final or subject to modification, issued by the
Superior Court, Chancery Division, Family Part or a court or administrative
agency of competent jurisdiction of another [state] jurisdiction, for the
support and maintenance of a child, or the support and maintenance of a child
and the parent with whom the child is living, which provides monetary support,
health care coverage, any arrearage or reimbursement, and which may include
other related costs and fees, interest and penalties, income withholding,
attorney's fees and other relief.
...
"Child support order" means a support order for a child, including a child who
has attained the age of majority under the law of the issuing [state]
jurisdiction.
...
"Court order" means an order of the court or an order from an administrative
or judicial tribunal in another [state] jurisdiction or of an Indian
Tribe/Tribal organization child support enforcement agency that is competent
to enter or modify orders for [paternity] parentage or child support.
...
"Foreign reciprocating [country] jurisdiction" means any country, or political
subdivision thereof, having an authorized declaration or international
agreement for purposes of child support establishment and enforcement with the
United States in accordance with 42 U.S.C. [§ 659A] §659A; and those existing
reciprocity agreements that states had previously made with foreign
governments, which have not been declared reciprocating [countries]
jurisdictions under Federal law under the continuing authority granted to
states under 42 U.S.C. [§ 659A(d)] §659A(d).
...
"Indian Tribe" means, for purposes of the Child Support Enforcement Program in
accordance with section 455(f) of the Social Security Act (42 U.S.C. [§
655(f)] §655(f)), any Indian Tribe, as defined in accordance with subsections
(e) and (1) of section 4 of the Indian Self-Determination and Education
Assistance Act [(P.L. 93-638)] (25 U.S.C. §450b), band, nation, pueblo,
village or community, or other organized group or community, including any
Alaska Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. [§§
1601] §§1601 et seq.) that the Secretary of the interior acknowledges to exist
as an Indian Tribe, and Tribes meeting this definition that function as
political entities exercising governmental authority, and included in the most
current list of Federally recognized Indian Tribal governments pursuant to
P.L. 103-454 (25 U.S.C. [§ 479a] §479a) with a recognized government-togovernment relationship with the United States.
...
- 14 "Interstate cases" means child support cases processed in accordance with the
Uniform Interstate Family Support Act (UIFSA), P.L. 1998, c.2, or its
predecessor law, where a non-custodial parent lives in a different state than
his or her child and the custodial party, or where two or more states are
involved in some case activity, including, but not limited to cases where
"state" means originating from another state; from an Indian Tribe/Tribal
organization child support enforcement agency; from a foreign reciprocating
[country] jurisdiction in accordance with 42 U.S.C. [§ 659A] §659A; from a
U.S. citizen living abroad; and from a non-resident alien who applies or has
applied directly to a state for child support enforcement services.
...
“New Jersey Child Support Institute (NJCSI)” means the entity operated by OCSS
to provide customized training programs for State, county, and judiciary
employees who work in New Jersey's Child Support Program.
...
"Parentage" means the legal relationship between a child and a parent of the
child. The term includes the mother-child relationship and the father-child
relationship.
...
"Reciprocity" means a relationship between states, as defined herein, or
[countries] jurisdictions, whereby recognition of child support paternity and
enforcement policies and procedures is granted by one to the other, and
returned one to the other (that is, state-to-state; country-to-country).
...
"Support order" means a judgment, decree or order, whether temporary, final,
or subject to modification, for the benefit of a child, a spouse, or a former
spouse, which provides for monetary support, health care coverage, arrearages,
or reimbursement, and may include related costs and fees, interest, income
withholding, attorney's fees, and other relief. A support order shall be
issued by the court or a court or administrative agency of another [state]
jurisdiction.
SUBCHAPTER 2. CHILD SUPPORT ADMINISTRATION
10:110-2.2 Reciprocal agreements with foreign reciprocating [countries]
jurisdictions
A request for IV-D services by a foreign reciprocating [country]
jurisdiction [, as defined,] shall be treated as a request by another state.
10:110-2.3 Full faith and credit
In accordance with N.J.S.A. 2A:17-56.23a, full faith and
given to orders, either administrative or court, of this
[states] jurisdictions that comply with the laws of that
shall be fully enforceable and entitled as a judgment to
credit and shall be a judgment by operation of law on or
is due.
credit shall be
State or other
jurisdiction and
full faith and
after the date it
10:110-2.4 Uniform Interstate Family Support Act (UIFSA), P.L. 1998, c.2
- 15 (a) Interstate cases shall be processed in accordance with the Uniform
Interstate Family Support Act (UIFSA), P.L. 1998, c.2, utilizing the
Federally mandated forms.
1. Interstate cases include, but are not limited to, cases originating
from another state, from an Indian Tribe/Tribal organization child
support enforcement agency, from foreign reciprocating [countries]
jurisdictions in accordance with 42 U.S.C. [§ 659A] §659A, from U.S.
citizens living abroad, and from non-resident aliens who apply or have
applied directly to a state for child support enforcement services.
(b) (No change.)
SUBCHAPTER 3. RESPONSIBILITIES IN THE DELIVERY OF SERVICES
10:110-3.1 OCSS’ responsibilities in IV-D cases as the IV-D Agency
(a)-(r) (No change.)
(s) The OCSS shall ensure that reciprocity agreements are maintained with
foreign reciprocating [countries] jurisdictions established by the State
through "Letters of Agreement" signed by the Administrative Director of
the Courts as the State IV-D Central Registry, in accordance with 42
U.S.C. [§ 659A(d)] §659A(d), until or unless such [country] jurisdiction
is declared a reciprocating [country] jurisdiction of the U.S. in
accordance with 42 U.S.C. [§ 659A] §659A; and ensure that any requests
from those [countries] jurisdictions for child support services are
handled in accordance with Federal and State provisions.
(t)-(u)(No change.)
10:110-3.4 Monitoring of the Administrative Office of the Courts' (AOC)
responsibilities
(a) The OCSS shall be responsible for monitoring the activities included in
the Cooperative Agreement between the Division and AOC, which shall
include, but is not limited to, the following activities:
1. Developing standard operating procedures, practices and forms, which
shall be reviewed by the Department prior to adoption and
implementation to ensure compliance with requirements under Title IV-D
of the Social Security Act;
2. Enforcement [and collection] of support payments in all Title IV-D
cases [and collection of income withholding payments in non-IV-D
cases];
3.-8. (No change.)
[9. Distributing collections, with the exception of Federal tax offset
collections, within two business days of receipt, if sufficient
identifying information is provided;]
Recodify existing 10. and 11. as 9. and 10. (No change in text.)
SUBCHAPTER 5. DELIVERY OF CHILD SUPPORT SERVICES
10:110-5.3 Administrative enforcement
(a) (No change.)
- 16 (b) Administrative enforcement shall be used, to the same extent as used for
intrastate cases, in response to a request made by another state, Indian
Tribe/Tribal organization child support enforcement agency, or any foreign
reciprocating [country] jurisdiction to enforce a support order.
1. Neither of the involved entities (that is, state-to-state, state to
Indian Tribe/Tribal organization child support enforcement agency, or
state to foreign reciprocating [country] jurisdiction and vice-versa)
shall consider the case to be transferred to the caseload of the other.
2. (No change.)
(c) A request for assistance in enforcing a support order through the use of
administrative enforcement shall be transmitted to another [state]
jurisdiction or other aforementioned entity via the Federally mandated
forms.
(d) (No change.)
10:110-5.4 Work activities
(a) (No change.)
(b) In cases where a child is receiving assistance under a State program
funded under TANF, and the following provisions concerning the obligor are
met, the Department is authorized to petition the court for issuance of an
order against the obligor as stipulated [at] in (a) above:
1. (No change.)
2. The obligor shall be noticed in the "Notice of Delinquency" [(the
CS022)] of the work requirements program, the existing notice issued
when the obligor has made no regular payment for the past 45 days; and
3.-4. (No change.)
(c) (No change.)
SUBCHAPTER 7. APPLICATION AND FEES
10:110-7.3 Annual fee
(a) Any IV-D case in which the State IV-D agency has collected at least
$500.00 on behalf of an individual or a child receiving child support
services, who has never received public assistance, shall be assessed an
annual fee of $25.00.
(b) The State IV-D agency has the authority to:
1. Pay the fee using Federal incentive dollars as available; or
2. The State IV-D agency shall exercise its option under the Deficit
Reduction Act of 2005 (P.L. 109-171) and its implementing regulations
to collect the fee from the non-custodial parent when Federal incentive
dollars are not available.
SUBCHAPTER 8. CASE ACTION PROCEDURES AND CASE RECORD ESTABLISHMENT
10:110-8.1 Investigative interview/case action
- 17 (a) (No change.)
(b) Case action procedures are as follows:
1. (No change.)
2. For a non-public assistance applicant/recipient, if sufficient
information is provided from the applicant and other relevant sources
as required by the court, then assistance in establishing [paternity]
parentage in accordance with N.J.A.C. 10:110-12.2 shall be attempted,
or help in filing a complaint for [paternity] parentage and/or support
shall be provided.
10:110-10.3 Diligent efforts to serve process in establishment and enforcement
actions
Diligent efforts to serve process in establishment and enforcement actions
means making inquiries that may include, but are not limited to, the U.S.
Postal Service, the [Division of Motor Vehicles in the Department of
Transportation] Motor Vehicle Commission, the Department of Labor and
Workforce Development, the Department of Corrections, and the Division of
Taxation in the Department of the Treasury, to obtain adequate identifying
information and other information to attempt service of process or the
periodic repeating of service of process attempts, in cases in which previous
attempts to serve process have failed.
10:110-11.2 Location sources
(a)-(k) (No change.)
(l) In accordance with N.J.A.C. 10:110-1.7, the OCSS shall have access,
including automated access when feasible, to the following resources, if
appropriate, for child support enforcement purposes:
1. Records of other state and local government agencies including, but not
limited to:
i.-v. (No change.)
vi. Records of the Department of Labor and Workforce Development;
vii. (No change.)
viii. Records of the [Division of Motor Vehicles in the Department of
Transportation] Motor Vehicle Commission;
ix. (No change.)
2. (No change.)
(m)-(o) (No change.)
SUBCHAPTER 12. PATERNITY ESTABLISHMENT
10:110-12.4 Genetic testing
(a)-(e) (No change.)
- 18 (f) In order for a county to receive Federal reimbursement for genetic testing
fees, it must choose a laboratory from the list of laboratories awarded a
contract by the State to perform [paternity] parentage testing. This list
shall be provided to the county CWA/CSUs by the OCSS. The county shall
use the State contract with the chosen laboratory and may only negotiate
with that laboratory for a lower cost than that specified in the State
contract. After choosing a laboratory, the county agency will be
responsible for carrying out the terms of the contract.
SUBCHAPTER 13. ESTABLISHING SUPPORT OBLIGATIONS
10:110-13.1 General statement
(a) In cases where there is no order for child support and health care
coverage within no more than 90 calendar days of determining the location
of the non-custodial parent, an order for support shall be established or
service of process completed as necessary to commence proceedings to
establish an order.
1. (No change.)
2. If [paternity] parentage is acknowledged and/or support and health care
coverage are agreed upon, the consent order shall be forwarded to the
appropriate court for review and approval by the court.
10:110-14.3 Triennial reviews in interstate cases
(a) When a request for a triennial review is received in an interstate case
and New Jersey is the controlling order [state] jurisdiction, the matter
shall be reviewed by the appropriate CWA/CSU in accordance with N.J.S.A.
2A:17-56.9(a) and the Child Support Guidelines.
(b) When a request for a triennial review is received in an interstate case
and it is determined that the controlling order is in another [state]
jurisdiction, a request for review shall be sent to the responding
jurisdiction via the appropriate Federally mandated standard interstate
child support enforcement forms.
10:110-15.2 Child support enforcement remedies
(a) Available enforcement remedies shall include, but are not limited to:
1.-3. (No change.)
4. Financial institution data match (FIDM) provisions are as follows:
i. The OCSS, in accordance with N.J.S.A. 2A:17-56.53 and 2A:17-56.57 et
seq., shall conduct both in State and [multi state] multistate
financial institution data matches (FIDM) to identify assets of
non-custodial parents held in financial institution accounts[, as
defined herein,] or in accordance with this subsection and Federal
law at 42 U.S.C. [§ 666(a)(17)] §666(a)(17). The OCSS has authority
to enter into cooperative alliances with other states for purposes
of obtaining FIDM information.
[(1) Accounts subject to levy through FIDM are those accounts, as
defined herein, held in a financial institution as defined in
these rules, that meet the selection criteria of this subsection
and that do not satisfy any exemption from levy factors
described herein.]
- 19 [(2)] (1) Each financial institution doing business in the State shall
enter into agreement with the Department or its designee for
purposes of child support financial institution data matches.
However, any financial institution doing business in more than
one state can elect to provide its match data to the Federal
Office of Child Support Enforcement (OCSE) for subsequent
transmission to OCSS under the Multistate Financial Institution
Data Match program (MSFIDM).
[(3)] (2) (No change in text.)
[(4)] (3) Pursuant to an agreement entered into with the Department,
information from a financial institution doing business in this
State (except for multistate financial institutions reporting
directly to the Federal OCSE as permitted in (a)4i(1) above) can
be provided by:
(A)-(C) (No change.)
Recodify existing (5)-(7) as (4)-(6) (No change in text.)
ii. Provisions concerning action to be taken where there is a match as
identified under (a)4i above are as follows.
(1) (No change.)
(2) All the levies for accounts at a particular financial
institution shall be sent to the financial institution by OCSS .
(A) (No change.)
(B) The financial institution shall remit the funds as directed
in the Notice of Levy to Financial Institution, or other
appropriate notices or letters that the financial
institution may receive from OCSS.
[(C) The financial institution shall remit those monies in the
levied account as of the date the "Notice to Remit" is
received by the financial institution, up to the amount of
the levy as directed.]
[(D)] (C) (No change in text.)
iii. Notice of intent to levy an account and the right to challenge the
levy shall be provided by OCSS to the accountholder at the address
of record on the automated child support system and to the financial
institution customer address of record.
(1) The accountholder shall have 30 calendar days following the
notice's postmark date to contest the levy by writing to the
OCSS to request an administrative contest review for limited
circumstances as follows:
(A)-(C) (No change.)
(D) Joint account issues; [or]
(E) Because litigation of support has been filed and is pending
resolution in the appropriate court of jurisdiction[.]; or
(F) Extreme hardship.
(2)-(3) (No change.)
- 20 iv.-v. (No change.)
5.-14. (No change.)
SUBCHAPTER 20. CASE CLOSURE
10:110-20.2 Retention of case records
(a) (No change.)
(b) Retention periods are as follows:
1. All case records shall be retained for a period of three and one-third
years after agency action, court action, and/or all arrears have been
satisfied, and:
i.-iv. (No change.)
v. When in interstate cases in which the IV-D Agency, as the responding
[State] jurisdiction, lacks jurisdiction to work a case, and the
initiating [State] jurisdiction has not responded to a request for
additional information or case closure.
2. (No change.)
(c) (No change.)
10:110-20.3 Case closure criteria
(a)-(b) (No change.)
(c) Circumstances under which a case could be closed shall meet at least one
of the following criteria:
1.-11. (No change .)
12. The IV-D Agency as the responding [State] jurisdiction on an interstate
case documents failure by the initiating [State] jurisdiction or Indian
Tribe/Tribal organization child support enforcement agency to take an
action, which is essential for the next step in providing services.
(d) In cases meeting the criteria in (c)1 through 6 and 10 through 12 above,
the IV-D Agency must notify the recipient of services, or in an
interstate case meeting the criteria for closure under (c)12 above the
initiating [State] jurisdiction, in writing, 60 calendar days prior to
closure of the case of the State's intent to close the case.
1. (No change.)
S:\WORKING2\Les\ADOPTIONS\CHILD SUPPORT\2008 Re-Adoption\FOR INTERNET\ChildSupportReAdoption10-062008.doc