Child Support State Agency Profiles

A.
General/State-At-A-Glance
B. UIFSA
C. Reciprocity
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
K. Modification and Review/Adjustment
L. Lump Sum Payments
Alaska
A1. What is your State's program administration/operation type (State
administered/State operated, State administered/County operated, or a
combination)?
State Administered/State Operated.
A2. How many local IV-D offices are in your State (excluding agencies with
cooperative agreements)?
One central office in Anchorage, three field offices; one in Fairbanks, Juneau,
and Wasilla. Note that all interstate cases are handled in the Anchorage office.
A3. With what types of agencies do you have cooperative agreements?
Department of Law, Alaska Court System, Department of Motor Vehicles, Public
Safety, Social Security Administration, Department of Labor, Permanent Fund
Division, Division of Occupational Licensing, Division of Public Assistance,
Division of Family and Youth Services, Division of Medical Assistance, Bureau of
Vital Statistics
A4. Does your state have statutes setting forth the attorney-client relationship
between the state's attorney and the agency only?
A4.1. If so, what is the statutory citation?

Evid. Rule 503
A4.2. Did your state have the State's Bar Counsel issue an opinion setting for
the attorney-client relationship?
A4.3. If so, please explain.
B1. What is the enactment date of your State's Uniform Interstate Family Support
Act (UIFSA)?
5/31/1995
B2. What is the effective date of your State's Act?
1/1/1996
B3. What is the statutory citation for your State's Act?
Alaska Statute 25.25.101-25.25.903
B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001
version)?
1996
B4.1. If your state has implemented the 2001 version, when was it implemented?
N/A
B5. Optional comments regarding your State's UIFSA Act.
N/A
C. Reciprocity
C1. With what foreign countries does your State reciprocate?
Canada (only the Following provinces: Alberta , British Columbia, Manitoba, New
Brunswick, Newfoundland, Nova Scotia, Ontario, Saskatchewan and Yukon
Territory), Australia, England, Germany, Mexico, Norway, Poland, Ireland,
Sweden, Netherlands, the Czech Republic and Slovak Republic.
C1.1. Does your state exercise its option to receive FFP for enforcement of
spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your State established reciprocity with any tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full
services.
N/A
D. Age of Majority
D1. What is the age of majority in your State?
18 if order does not specify otherwise. It can be extended to age 19 or the date
of graduation, whichever comes first, if unmarried and pursuing a high school
diploma or equivalent level of technical or vocational training & residing with
custodial parent, guardian or designee of the parent or guardian. The order will
require modification to add Post Majority support language if not already in the
order.
D2. What is the statutory cite for the age of majority?
AS 25.20.010,AS 25.24.140(a), 25.24.170(a)
D3. If not addressed in the order, at what age is child support automatically
terminated as a matter of State law? Qualify, if necessary.
18.
D4. Does the date of the order impact what law is applied?
No
D4.1. If so, please explain.
N/A
D5. Does child support end if the child leaves the household but does not
emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your State allow support to be paid beyond the age of majority under
any circumstances (e.g. the child is handicapped or in college)?
Yes
Limited provisions for disabled children and other allowances as stated in the
court order.
D7. Does your state automatically reduce current support owed for remaining
children after one of the children in an order reaches the age of majority or
other wise emancipates?
Yes
D7.1. If yes, please describe the procedure.
Support obligations are adjusted in accordance with the language in the order.
Orders issued in a state other than Alaska listing a flat rate amount of support
will not automatically be adjusted. For Alaska orders established in accordance
with 90.3, the obligation will be adjusted in accordance with 90.3
E1. What is your State's statute of limitations for collection of past due
support?
No statute of limitations on the collection of child support arrears.
E2. What is your State's statute of limitations for paternity establishment?
Age of majority of child.
E3. Is dormancy revival/renewal possible?
Yes
E3.1. Please explain the circumstances when possible, and the length of time
possible.
Administrative garnishment procedures may be used without reviving or renewing
the support order. However, collection by a judicial remedy, such as writ of
execution, requires a showing of good cause before executing on a judgement that
is more than five years old.
F. Support Details
F1. What guideline type or method does your State use to calculate child support
(e.g., Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of income.
F2. Does your State charge interest on missed arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related
conditions.
6% per annum. Charged the end of the month the support was due and not paid.
F3. Does your State charge interest on retroactive support?
Yes
conditions.
Statutory interest rates. No interest prior to January 1, 1983; 12% from January
1, 1983 - September 30, 1996; 6% from October 1, 1996. AS 25.27.025 and 15 AAC
125.840
F4. Does your State charge interest on adjudicated arrears?
Yes
conditions.
As ordered in the judgement.
F5. Will your State enforce a medical debt for 50% of the uninsured portion of a
medical bill?
Yes
F5.1. If so, under what circumstances?
If a judgement is obtained we will collect 50% unless otherwise specified in
order. We will also collect for day care assistance reimbursement if a judgement
is obtained.
F6. Have you elected to recover costs or charge fees in your State Plan?
Yes
F6.1. If yes, what costs are recovered from/fees charged to the obligee?
The State of Alaska has elected to pay the $1.00 application fee on all cases.
F6.2. What costs are recovered from/fees charged to the obligor?
The State of Alaska has elected to pay the $1.00 application fee on all cases.
F7. Does your State recover costs on behalf of the initiating State?
Yes
F7.1. Optional comments regarding recovering of initiating State's fees.
Only if reduced to a judgment.
F8. Please provide a citation for your State's long-arm statute to establish
and/or enforce child support.
AS 25.25.201
F9. Does your State establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforce only in conjunction with a child support order.
F10. Does your State require the initiating State to include information about
the new spouse or partner upon a request for establishment or modification (See
General Testimony, See AT 05-03)?
No
F10.1. Optional comments regarding required information on spouse or partner.
Unless needed under exceptional circumstances.
G1. What term(s) does your State use to refer to income withholding (e.g., wage
withholding)?
Order to Withhold and Deliver (WID)
G2. What specific source of income is not subject to withholding?
Exempt funds such as TANF, SSI, VA disability and Native Dividends without an
Alaskan court order specifically authorizing the garnishment of the Native
Dividend. If the court order is obtained, the Native Dividends can only be paid
to the custodian and not used for a State debt.
G3. Does your State have any limits on income withholding in addition to the
Consumer Credit Protection Act (CCPA) limits?
Yes
G3.1. If yes, what are those limits?
40% of disposable income after mandatory deductions, may go to 65% under certain
circumstances.
G4. What is the allowable fee per pay period for processing income withholding
payments?
Employers may charge $5.00
G5. After receiving an income withholding order or notice, what is the date by
which the employer is required to implement income withholding?
1st pay period following receipt of the withhold order.
G6. What is the date by which an employer must remit amounts withheld from an
employee's pay?
10 days
G7. What are your State's procedures for sanctioning employers for not
implementing income withholding?
1st step, Reminder Letter; 2nd step, Demand Letter; 3rd step, Seek
Non-Compliance prosecution through the Department of Law.
G8. What is the penalty to an employer for failure to remit payments withheld?
1. Could be liable for full amount of arrears and costs (penalty) 2. The state
may seek damages for improper retention or payment of funds that should have
been withheld, plus fines and attorney fees.
G9. Does your State allow direct income withholding of unemployment insurance
benefits across State lines?
No
G9.1. Optional comments regarding direct withholding of UI benefits across State
lines.
N/A
G10. Does your State allow direct income withholding of workers' compensation
No
G10.1. Optional comments regarding direct withholding of WC benefits across
State lines.
N/A
G11. How does an obligor contest income withholding in your State?
Request for Administrative Review.
G12. When the obligor has more than one claim for child support against his/her
income, indicate your State's priority scheme for income withholding orders
(e.g., employer should allocate available amount for withholding equally among
all orders or prorate available amount across orders).
The employer will withhold amount determined by adding together the withholding
amounts required by each of the orders, but not to exceed an amount equal to the
percentage of the obligors disposable earnings set out in 15 AAC 125.540 (c)
unless the agency has found good cause to increase the percentage amount to be
withheld.
G12.1. If an employer in your State receives more than one income withholding
order for child support from other States, can the employer request your
assistance?
Yes
G12.2. If assistance is not available, explain how employers should proceed.
Please provide a citation for the State law that governs how they should
proceed.
15 AAC.125.571
For additional information:
http://www.legis.state.ak.us/cgi-bin/folioisa.dll/aac/query=%5Bjump!3A!2715+aac+
125!2E571!27%5D/doc/%7B@60422%7D?
G13. Does your state require any mandatory deductions, such as union dues,
medical insurance premiums, etc., to arrive at net pay from gross pay when
calculating disposable income for child support purposes?
Yes
G14. When does your state require the employer to send notice of an employee's
termination?
Promptly after receiving notice of resignation from the employee or upon
termination.
G15. How long should an employer retain the IWO after termination of an
employee, in anticipation of reinstating the withholding should the employee be
rehired?
3 years
G16. Does the State charge any fee to the obligor that the employer is required
to withhold and remit to the State?
Yes, Process server fees and genetic testing fees.
G17. Does your State offer an alternate web-based payment mechanism in addition
to paper and EFT/EDI?
Yes, we offer payments via Western Union
G18. Can a direct income withholding be sent to any of the following in your
State: employer, financial institution (explain what institutions), Bureau of
Workers Compensation, or other income payer?
Yes, Employers
G19. If there is insufficient income for an employer to withhold for both the
total amount of child support and medical support, describe your State's
prioritization between child support and medical support.
H1. When your State enters an order establishing paternity, are issues of
custody and visitation also addressed?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a
rebuttable or conclusive presumption of paternity?
95%. It is rebuttable by clear and convincing evidence.
H3. Optional comments regarding paternity acknowledgment conclusive legislation.
AS 18.50.165
H4. What is the effective date of the State law that makes paternity
acknowledgments conclusive?
07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. How is the presumption rebutted?
The presumption may be rebutted with clear and convincing evidence of
non-paternity. For example, a wife and husband's sworn statements that the
husband is not the child's father may constitute clear and convincing evidence
sufficient to rebut the presumption or the mother, the legal father and the
biological father may sign a three party affidavit.
H6. If the father's name is on the birth certificate and paternity has not been
established by any other means does this mean that paternity is conclusively
determined?
No
H6.1. If not, briefly explain.
A man's name may appear on the birth certificate because he and the child's
mother are married, or when the couple is not married, the man and woman may
sign affidavits swearing the man is the child's father, thereby including the
man's name on the child's birth certificate. In either case, there is a
rebuttable presumption of paternity through clear and convincing evidence.
H7. Does your State have any other paternity-related presumptions?
Yes
H7.1. If yes, briefly explain.
When genetic test results indicate a 95% or higher probability of paternity,
there is a presumption of paternity sufficient for a tribunal to adjudicate the
man to be the child's father.
H8. Does your State have a putative fathers' registry?
No
H8.1. If so, what is the name of that entity?
N/A
H9. Are there any fees for requesting searches, paternity documents, and data
from your State Bureau of Vital Statistics?
Yes
H9.1. Please describe any circumstances under which these fees may be waived.
None.
H10. Is common law marriage recognized in your State?
No
H10.1. If yes, briefly describe the standard that defines common law marriage.
N/A
H10.2. When did your current common law standard go into effect?
H10.3. If there was a common law standard in effect prior to your current
standard, what was that standard and when did it go into effect?
N/A
H11. When the custodial parent and/or other witnesses are not able to appear in
person for paternity hearings, what methods of testimony are acceptable (e.g.,
written, videotape, teleconferencing)
Written, videotape and teleconferencing.
H12. Please give the cite for your State's long arm statute and list any special
provisions.
AS 25.25.201
H13. Does your State recover genetic testing costs for other States?
Yes
H13.1. If so, please explain.
Fee recoupment must be requested in the initiating documents from the other
state.
H14. Are there any other documents that are required to get the father's name on
the birth certificate (e.g. is an acknowledgement of paternity needed)?
H15. What is the effective date of the State law that makes a father's name on
the birth certificate a conclusive determination of paternity?
H16. If there is more than one child with the same custodial parent, and the
same alleged father, should one set of documents be sent to your state (with a
paternity affidavit for each child) or should a separate packet be sent for each
child?
One set
I1. Does your State use an administrative or a judicial process to establish a
support obligation?
Alaska uses administrative and judicial process to establish support
obligations.
I1.1. If your State can establish under both, under what circumstances would the
administrative process be used?
The administrative process is generally used to establish an order when there is
no existing order.
I1.2. Under what circumstances would the judicial process be used?
CSED rarely uses the judicial process to establish an order. The judicial
process is often used when parents seek a child support order without the
assistance of the child support agency.
I1.3. If your State uses an administrative process, provide the statutory
citations for your State's administrative procedures.
AS 25.27.160 and 165
I2. In setting support under your State's guidelines, whose income is considered
in addition to the NCP (e.g., new spouse's or child's)
Except for unusual circumstances, only the income of the NCP is used in primary
custody cases. Both parents' income is used in shared or divided custody cases.
I3. What criteria for rebutting your presumptive guidelines have been
established in your State?
The amount of child support due under Alaska's child support guidelines may be
varied for "good cause upon proof by clear and convincing evidence that manifest
injustice would result" if the amount due under the guidelines was not varied.
I4. Will your State establish support orders for prior periods?
Yes
I4.1. If so, for what prior periods (e.g., birth of the child, date of
separation, prenatal expenses, 5 years retroactive)?
Alaska will establish support for prior periods. For non-public assistance
cases, we will establish support from the date of the application of services.
For cases with public assistance timeframes, the agency will establish arrears
the 1st month state assistance was provided, but not to exceed six years before
the service on the NCP of the child support order, or a notice of paternity and
financial responsibility, or a paternity complaint, whichever is earlier.
I4.2. What information or documentation does your State require to proceed?
In order to collect past public assistance for other States, the requesting
State must petition Alaska for establishment and collection of the past arrears
and provide documentation of the past public assistance timeframes that occurred
within the requesting State.
I4.3. Will your State allow a petition for support when the only issue is
retroactive support?
Yes
I4.4. If there are limitations upon your State's ability to establish support
for prior periods, please specify.
See Question 14.1 above
I5. What actions can your State perform using the administrative process? Does
your State use an administrative process for paternity, establishment,
modification and the enforcement of child support?
Paternity, Establishment, Modification and Enforcement
I6. What is your State's statutory authority for the administrative process?
AS 25.27.020
http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx05/query=%5Bjump!3A!27as
2527020!27%5D/doc/%7B@11593%7D?
I7. Is there a local State law that allows the interstate administrative
subpoena?
No
I8. Does your State require that a custodial person (who is not one of the
biological parents) to have legal custody of a child before establishing an
order for support for that child when public assistance is being expended?
No
order for support for that child when public assistance is/or is not being
expended?
No
biological parents) to have legal custody of a child before enforcing an order
for support that was issued as the biological parents as the parties for non
public assistance cases?
No
I11. When your state has issued an order that reserves support, and now child
support should be ordered, should the other state request an establishment or a
modification action?
Modification
J1. Indicate whether your state has the following enforcement remedies
available. Also indicate what procedures are available (i.e, judicial,
administrative, or both?
J1.1. Are your State income tax refund procedures judicial, administrative, or
both?
There is no State income tax in Alaska.
J2. Is the lien process in your State judicial, administrative or both?
Administrative
J2.1. What are the trigger criteria for filing a lien?
$2,500 arrearage or 1 year behind in payments
J2.2. Where is your State liens filed?
County
J2.3. Does your State charge a fee for filing a lien?
No
J2.4. If so, please indicate the amount.
N/A
J.3. Does your State enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or
both?
Both administrative and judicial procedures. The administrative procedure is
used to seize funds, such as those found on a person, when they are arrested and
held by the police. When seizing property such as construction equipment,
airplanes or other personal property, a judgement is obtained for the amount of
past due child support, then a writ of execution is obtained upon the property
to be seized.
J4. Are the MSFIDM Freeze and Seize procedures in your State judicial,
Administrative
J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze
and Seize action is an enforcement remedy and may be used by the State to
collect deliquent child support?
When the case is established
J4.2. Does your State's income withholding definition include amounts in
financial institutions?
Yes
J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent?
No
J4.3.1 If so, who notifies the NCP, the State or Financial Institution?
N/A
J5. What are the time frames if a new notice of intent to Freeze and Seize must
be sent?
N/A
J5.1. What are the criteria that must be met to deem an obligor eligible for
Freeze and Seize action in your state?
No specified number of months delinquent. No accounts exempted.
J5.2. What is the minimum dollar amount that the obligor must be delinquent
prior to becoming eligible for asset seizure?
$1,000.00
J5.3. Is there a specified amount of time for the obligor to be delinquent prior
to proceeding with Freeze and Seize?
yes
J5.3. 1. If yes, please provide the time frame.
a minimum of 4 times the MSO
J5.4. Are only a certain percentage of the obligor's financial assets eligible
for Freeze and Seize?
No
J5.4.1. If yes, please provide the percentage.
N/A
J5.4.2 . Is the percentage different for joint accounts?
No
J5.4.3. If yes, please provide the amount.
N/A
J5.5. Does your state require that a minimum amount of money must be in a
financial account for the funds to be eligible for Freeze and Seize action? If
so please provide the amount.
Yes, a minimum of $1,000.00 in checking and $100.00 in savings
J5.6. Who is responsible for applying the minimum amount, your State or the
Financial Institution?
State
J5.7. How long does the obligor and/or account holders have to contact your
State child support enforcement and/or court to challenge the Freeze and Seize
action?
15 days to request an administrative review
J5.8. If State law and/or policy allows for a second contest to Freeze and Seize
action, how long does the obligor and/or joint account holder have to contact
your state child support agency or court to challenge the Freeze and Seize
action?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge/contest
a freeze and seize action?
When withholding in improper due to a mistake of fact and in Joint account
circumstances.
J5.10. Is your State's complaint review process judicial, administrative or
both?
Administrative
J5.11. What are your State's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial or both?
N/A
J5.13. What are your State's appeal time frame, unique appeal requirements and
recourse for non-debtor accounts?
30 days from date of notice. No unique requirements. Non-debtor has same appeal
rights as obligor.
J5.14. Is the Freeze and Seize operation in your state centralized or automated?
Centralized.
J5.15. Are there additional Freeze and Seize requirements or limitations not
otherwise noted in this profile?
None
J5.16. Has your state established a minimum benefit amount that must be met for
a financial institution to proceed with the Freeze and Seize action?
No
J5.16.1. If yes, what is the amount?
N/A
J5.17. Does your state have procedures in place to liquidate non-liquid assets
(e.g., stocks, bonds, etc)?
No
J5.17.1 If yes, please provide the state authority and the procedures Financial
Institutions should follow to liquidate non-liquid assets.
N/A
J5.18. Does your state law/policy instruct the Financial Institution or state to
hold the frozen assets during the challenge/appeal time frame and/or freeze
period?
No, but most financial insitutions have their own procedures for how long they
hold the funds before distributing them.
J5.19. How long does the Financial Institution have to send the obligor's assets
to your state child support enforcement agency?
According to bank policy
J5.19.1 . If yes, please define.
N/A
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial,
Both
J7. Please describe any other administrative enforcement procedures your state
may have.
Withhold and Deliver orders for commercial fisherman turning in their catch to
the processor which is an administrative procedure.
J8. Please describe any other judicial enforcement procedures your state may
have.
Criminal non-support prosecution.
J9. If your state has established specific procedures for registering
administrative liens, what are the procedures that another state must follow?
Under AS 25.27.230(e) & (f), A lien arising in another State under the child
support laws of that State shall be given full faith and credit in this State.
The lien may be asserted in this state upon the real or personal property of the
obligor in the amount of the obligor's liability by complying with the
requirements of this section. A lien recorded under this section is a Judgement
lien and may be enforced by execution under AS 09.35 in the full amount of the
obligor's liability at the time of execution. Under AS 25.27.240. Service of
Lien. (a) The agency of this state or another state or a party or other entity
seeking to enforce a child support obligation, may, at any time after recording
of a lien recorded under AS 25.27.230, serve a copy of the lien upon any person,
political subdivision or department of the state possessing earning, or deposits
of balances held in any bank account of any nature that are due, owing or
belonging to the obligor.
J10. Which of our state's enforcement remedies are available without
registration?
All enforcement remedies, such as, Order to Withhold and Deliver wages or
property, liens, Intercept of Permanent Fund Dividend, Intercept of Federal
Income Tax refund, are available without registration. Registration of the order
must take place in order to modify the order, garnish unemployment compensation
and to intercept Native Corporation dividends.
J11. Describe your state's registration and enforcement procedures.
To register an order from another state, the initiating state must provide the
Child Support Enforcement Division with this information required under Section
602 of UIFSA. This information is then forwarded to the Office of the Attorney
General where the documents necessary to register are prepared and filed with
the court.
J12. After registration, describe additional judicial procedures required, if
any, to enforce a support order.
None
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act
(UEFJA)?
Yes
J13.1. If yes, please provide the statutory citation.
AS 09.30.200-270
J14. Does your state's law require financial institutions doing business in your
state to accept Freeze and Seize actions directly from other states?
No
J14.1. If no, describe the process for a Freeze and Seize action from another
state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional
documentation required).
States can initiate to us for limited action (AEI) with a Trans #3, debt calc
and copy of the order.
J15. Does your state use credit bureau reporting as an enforcement method?
Yes
J16. Provide which credit bureaus your state report an obligor's child support
information?
Experian, Transunion, Equifax
J17. Is the method for credit bureau reporting judicial, administrative or both?
Administrative
J18. In an interstate case, does your state report an obligor's child support
information to credit bureaus when it is the initiating state, the responding
state, or both?
Primarily as the Initiating state, however in circumstances where the initiating
state will not report, we, as the responding state, will report.
J19. What are your state's criteria for reporting an obligor's child support
information to credit bureaus?
$1,000.00 in arrears or 4 months support, whichever is greater.
K1. With what frequency are reviews conducted in IV-D cases (e.g., every year,
every three years)?
Every Three years.
K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in
non-TANF cases, automatically in TANF cases)?
If the party requesting the review provides evidence that the child support
amount would increase or decrease by at least 15%.
K3. Briefly describe your State's modification procedure.
Upon a case party's written request, the agency will send notice and a request
for income information to both parties, and schedule a date by which the income
information should be received. The information provided by the parties is
reviewed along with other available information and determines whether there
would be an increase or decrease of at least 15% in the child support order. If
the threshold 15% change is met and the parties have an administrative support
order the agency will modify the administrative order. If the parties have a
court order, the agency will assist in the modification process by requesting
the court to modify the order.
K4. What are your criteria for modification (e.g., $50 or 20% from present
order)?
A material change in circumstances which results in a 15% increase or a 15%
decrease in an obligors earnings.
K5. Which of the following criteria for demonstrating a change in circumstances
apply, if any?
K5.1. The earnings of the obligor have substantially increased or decreased.

Yes
K5.2. The earnings of the obligee have substantially increased or decreased.
Yes
K5.3. The needs of a party or the child(ren) have substantially increased or
decreased.
No
K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics
has changed.
No
K5.5. The child(ren) have extraordinary medical expenses not covered by
insurance.
No
K5.6. There has been a substantial change in child care expenses.
No
K5.7. What other criteria does your state use for demonstrating a change in
circumstances or comments regarding change of circumstances?
N/A
K6. Does your State have cost of living adjustments (COLAs)?
No
K6.1. If so, what index does your State use?
N/A
K7. How does your state credit SSA disability to current and past due support?
Yes
K8. Does your state abate support? For example, when the child is not living
with the custodial parent for more than 30 days and there has not been a change
in custody, or when the noncustodial parent is in prison, etc.
No
K8.1. If so, please explain the situation?
N/A
K8.2. What is the statutory cite for your abatement law?
N/A
K8.3. What documents are required for each type of referral other than UIFSA
referrals? For example, pay records and certifications for TANF, etc.
K8.4. Please provide information to obtain copies of paternity

acknowledgements/affidavits and birth records, including where to make requests
and the cost of processing the requests.
K9. What information is required to register an out-of-state order for

enforcement/modification?
L1. Does your state define a lump sum payment?

No
L1.1 If yes, please provide your state's definition. (Be specific, i.e.,
severance pay, incentives, relocation lump sum payments, ect)?
N/A
L1.2 Provide the statutory citation.
N/A
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, please provide the statutory citation or rule requiring employers
to report this information.
AS 25.27.062 requires employers to withhold lump sum payments.
L3. Are employers required to report lump sums for all income withholding orders
(including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be
reported?
Employers are required to withhold 100% of lump sum disbursements, up to the
amount of the total debt owed on the case.
L4. How are employers instructed to report a pending lump sum?
Employers are required to withhold from lump sum disbursements. They can contact
the agency directly at any time for clarification when needed.
L5. Provide the timeframe within which the child support enforcement agency must
respond to the employer with instructions for attaching the lump sum.
N/A
L6. How long must the employer hold the lump sum before releasing the payment to
the custodial parent?
Employers should send the payments to the CSSD office within 7 days of
withholding from the Non-custodial parent.
L7. Does your state use the income withholding order to attach the lump sum
payment?
Yes
L7.1 If yes, is it noted on the original order or is it sent specifically to
cover the lump sum?
We can attach lump sum payments with the standard income withholding order,
however some employers require a property withholding order prior to remitting
the funds, at which point we will immediately send the property withholding
order.
L8. Does your state use the lien/levy process to attach the lump sum payment?
No
L8.1 If yes, what is the name of the document your state uses to attach lump sum
payment?
N/A
L9. What other documents does your state use to attach lump sum payments?
Property withholding order
L10. Does your state require the consumer Credit Protection Act (CCPA) limits to
be applied to lump sum payments?
No
L10.1 If yes, what are those limits?
N/A
L10.2 If no, what percentage is the employer required to withhold?
100% up to the amount of the debt
L11 If an employer pays the lump sum in addition to regular wages, in a single
payment, would the CCPA limits apply?
No
L11.1 If yes, would the employer only withhold for that period's obligation?
N/A
Alabama
combination)?
State-administered, County-Operated.
Offices in 67 counties.
District attorneys, private attorneys (not under cooperative agreement), and
staff attorneys (depending on county).

Act (UIFSA)?
1/1/1998
1/1/1998
Section 30-3A-101 through -906 Code of Alabama 1975.
http://www.legislature.state.al.us/codeofalabama/1975/coatoc.htm
version)?

Australia, Czech Republic, Ireland, Slovak Republic, Netherlands, Norway,
Poland, Portugal, Switzerland and the Canadian Provinces of Alberta, British
Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, the
Northwest Territories, and Nunavut.
No
services.
D. Age of Majority
19
Section 26-1-1, Code of Alabama 1975.
19 years of age, unless child is emancipated prior to that time.
No
emancipate?
No
No
support?
20 years from date of judgment for purpose of obtaining an order of support.
19
No
possible.
F. Support Details
Shared Income Model.
conditions.
Yes
conditions.
12% per annum is the statutory rate.
Yes
conditions.
12% per annum is the statutory rate.
medical bill?
Yes
If proof of expense is provided. Note: Alabama statute(Code of Alabama 1975,
Section 26-17-14(a))requires a finding of child support on "medical support
only" cases. That finding may be equal to $0 in child support when the custodial
parent in another state has not requested full services, and the state is filing
a two-state action for medical support only based on an active Family Medicaid
case.
No
No
Section 30-4-80 through 30-4-98, Code of Alabama 1975.
No
No
withholding)?
IWO - Income Withholding Order.
Military disability, SSI, TANF.
Yes
The maximum amount that can be deducted from an NCP's disposable income for
child support is: (a) 50% percent if the NCP supports a second family and is
behind 12 weeks or less in his/her child support obligation; (b)55% percent if
the NCP supports a second family and is more than 12 weeks behind in his/her
child support obligation; (c) 60% percent if the NCP does not support a second
family and is behind 12 weeks or less in his/her child support obligation; or
(d) 65% percent if the NCP does not support a second family and is more than 12
weeks behind in his/her child support obligation.
payments?
$2.00
Within 7 working days of the date the NCP is paid.
employee's pay?
Within 7 working days of the date the NCP is paid.
Contempt Action.
Penalty is set by the court.
Yes
lines.
If sent through the IV-D agency.
Yes
State lines.
Court action
The State IV-D agency allocates all payments, regardless of whether there is an
IWO in place.
assistance?
Yes
proceed.
Employers notify the State IV-D agency if the obligor does not earn sufficient
wages to withhold all current support. The IV-D agency policy is to refer the
case back to the courts for judicial determination.
termination?
rehired?
No
97%
7/1999
Yes

Yes
By clear and convincing evidence.
determined?
No
Signature on affidavit of paternity creates a legal finding of paternity;
otherwise, court action is necessary to establish paternity
Yes
Attempted marriage before, during or 300 days following the child's birth; if
after child's birth marriage or attempted marriage when father has either
acknowledged paternity in writing and filed document with appropriate court or
Bureau of Vital Statistics; with his consent he is named as father on child's
birth certificate; been obligated to support child via a written voluntary
promise or court order; received child into his home or openly holds the child
as his natural child; or acknowledged his paternity of the child in a writing
filed in accordance with provisions of the legitimization statute; signed
affidavit of paternity.
Yes
Putative Father Registry
Yes
None.
Yes
Must be an actual and mutual agreement to enter into matrimonial relationship;
must be permanent and exclusive of all others; must be followed by public
recognition of existence of common law marriage or alternatively, consummate
marriage by cohabitation as husband and wife or, by mutually assuming openly
marital duties and obligations; parties must have capacity to marry.
1975
Method of testimony is determined by the court.
provisions.
Section 30-4-80 through 30-4-98, Code of Alabama 1975.
Yes
As requested
child?

support obligation?
Judicial.

The custodial parent's income.
A written finding on the record based on evidence that the application of the
guidelines would be unjust or inappropriate, agreement establishing a different
amount and stating the reasons therefore, reviewed and approved by the court.
Yes
Two years prior to filing of paternity action or back to the birth of the child
if the child is less than two years old when action is commenced.
Income information for guidelines.
Yes
Addressed in I4.1 above.
subpoena?
expended?
both?
Administrative.
Administrative and judicial.
$1,500 arrearage,income withholding not possible, or NCP has or is likely to
acquire property.
Administrative: County, Judge of Probate's Office-where real property is located
County, Secretary of State-personal property. In records where Uniform
Commercial Code financing statements are filed Judicial: County, Judge Probate's
Office-where property located.
Yes
Varies
Yes
both?
Administrative
Administrative
Delinquent
No
No
be sent?
N/A
$1,000 minimum delinquency. Three month delinquency. No accounts exempted.
21 days
action?
action?

both?
Administrative
None
15 days from receipt of notice. No unique requirements. Recourse fo non-debtor
to be determined.
Centralized. In process of being automated.
No
period?

Yes
may have.
Passport.
have.
Contempt.
Alabama Procedures Code Rules 660-3-17-.01 through 660-3-17-.07
For additional information: http://alabamaadministrativecode.state.al.us./
registration?
None.
Same as required by UIFSA model legislation.
Judicial process is not required if administrative procedures of enforcement are
available.
(UEFJA)?
Yes
Section 6-9-230 through 6-9-238 Code of Alabama 1975.
information?
state, or both?
every three years)?
Three years.
At the request of either party when the order has not been judicially reviewed
or modified within three years, unless undue hardship would result from
inaction, and one of the parties alleges a substantial change in circumstances;
medical support has not been ordered. TANF reviews are every three years.
Petitions filed by agency upon request of either the client or an agency
determination that action is appropriate following review of order.
order)?
At least 10% change from current order.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes

No


reported?

payment?

cover the lump sum?
payment?
Arkansas
combination)?
26 offices
None
Yes
Ark. Code Ann. § 9-14-210 (e)(2)
No
N/A
B. UIFSA
Act (UIFSA)?
3/12/1993
3/12/1993
Ark. Code Ann. § 9-17-101 et. seq.
http://www.arkleg.state.ar.us/newwebcode/lpext.dll?f=templates&fn=main-h.htm&2.0
version)?
Not applicable.
1996
N/A
C. Reciprocity
Canada, United Kingdom, Ireland, Germany, Poland
No
N/A
No
services.
Not applicable
D. Age of Majority
18 or when the child should have graduated from high school.
Ark. Code Anno. § 9-14-237
Same as D1
No
N/A
emancipate?
No
N/A
Yes
If the court order specifically extends the support for a child beyond age 18.
Yes
The child support amount shall be automatically reduced for the remaining
children in a support order when the support amount for one child ends. The
support amount must be recalculated based on the most recent version of the
Family Support Chart. Administrative Rule 10 requires that net income be applied
to the chart when determining the amount. If the income amount is not listed in
the current support order, the new support amount must be determined by the
court. If the most recent order was entered prior to the adoption of the chart
or if the court deviated from the chart when setting the amount of support, the
new support amount will be decided by a court. (Ark. Code Ann. § 9-14-237)
support?
Arrears reduced to a court judgment are always collectible. Arrears that are a
judgment by operation of law are only collectible until the child turns 23.
None
Yes
possible.
Judgments are automatically renewed for 10 years everytime there is a payment.
If there is no collection made in 10 years, renewal is accomplished by Judicial
process.
F. Support Details
Percentage of Income Model.
Yes
conditions.
State law provides for 10% per annum. Interest should be reduced to a judgment
by a court or a sum certain indicated by the other state.
No
conditions.
None
Yes
conditions.
10%
medical bill?
No
Depends on the language in the support order. Generally, no enforcement of 50%
of the uninsured portion.
Yes
Application Fee per NCP.....$25.00. The application fee shall be a flat fee that
will be paid by the applicant at the time the application of assistance is
submitted. The application fee is nonrefundable. The following fees are charged
to the Obligee: BASE COST (includes overhead costs and activities other than
legal services)........................... $ 18.00 INITIATION OF COURT ACTION
......... $80.00 Assessed when complaint, motion or petition with summons, order
and citation, affidavit and arrest warrant or notice/order of hearing is
prepared and forwarded to the clerk for processing in all cases (separate
maintenance, paternity, interstate, criminal nonsupport and contempt).
COMPLETION OF COURT ACTION A. Out-of-Court Settlement...........$100.00 Assessed
when the initiated court action is resolved prior to court appearance in all
cases. B. In-Court Settlement...............$150.00 Assessed when the initiated
court action is resolved at the court appearance without trial. C.
Trial............................$250.00 Assessed when the initiated court
action is resolved by the court after hearing is held.
Miscellaneous.........................$100.00 (per hour) assessed to reflect
legal reparation such as research, interviewing witnesses, preparation of
extraordinary pleadings or legal briefs, preliminary appearances (pre-trial
conference arraignment) or pre-trial discovery (interrogatories, requests,
depositions).
The Obligor is charged an administrative fee of $36 per year on the anniversary
of the entry of the court order. Any fee or cost for services generated because
of either a breach by the noncustodial parent of an agreement or of an order of
the court shall be incorporated into the request for relief and reduced to a
judgment in favor of and payable to the Office of Child Support Enforcement.
(A.C.A 9-14-212)
Yes
N/A
Ark. Code Ann. 9-17-201
Yes
Spousal support orders are enforced if part of a child support order.
No
N/A
withholding)?
Income Withholding
SSI
No
N/A
payments?
$2.50 per withholding
14 days after the date the notice was mailed.
employee's pay?
Payments are to be made at same time the noncustodial parent is paid.
Employers who refuse to withhold and transmit payments can be held liable by the
court for the amount that should have been withheld.
None
No
lines.
N/A
No
State lines.
N/A
The NCP's only grounds to contest the withholding is that the person who
received the notice was not the person obligated to pay support, the arrears are
incorrect, or the current support amount is incorrect. The NCP receives an
Income Withholding Claim Form to complete and return within 10 days if he or she
wants to contest withholding. The NCP must prove that the arrears are less than
an amount equal to 30 days of support.
A withholding order for child support issued in Arkansas has priority over all
other withholding orders.
assistance?
Yes
proceed.
No
termination?
Immediately
rehired?
At the employer's discretion.
No
Yes. OCSE Web Pay was created as a virtual gateway to the AR OCSE. This system
helps both parents and employers by providing instant access to child support
records. OCSE Web Pay also offers a secure method to submit support payments
using a credit card or electronic check. Go to www.childsupport.arkansas.gov.
Employer
Child support is to be paid first.
H. Paternity
No
Generally no. The court may address those if properly presented by the custodial
parent or the noncustodial parent.
95%
N/A
4/10/1995
Yes
N/A
Yes
When parties to a marriage are competent to give testimony concerning the
paternity of a child born of marriage.
determined?
Yes
If the child was born in Arkansas after April 10, 1995.
No
N/A
Yes
Arkansas Department of Health
Yes
None
No
N/A
N/A
The custodial parent is not required to appear in person if the petition was
filed pursuant to UIFSA, and teleconferencing is available.
provisions.
Ark. Code Ann. § 9-17-201
Yes
A state must request reimbursement on Transmittal #1.
Court order OR Acknowledgment of Paternity signed after 4/10/95.
01/10/1995
child?
One packet/separate paternity affidavits.
support obligation?
Arkansas is strictly a Judicial State.
N/A
N/A
Only NCP's income is considered.
Judges have discretion to deviate from the chart, but must list their reasons on
the record or in the order.
Yes
Only at the time paternity is established. The guidelines are used to determine
the amount of support, back to birth of child or a period within the court's
discretion.
Need proof of income for the period in question.
No
Establishment of child support for a prior period is within the sole discretion
of the court.
Acknowledgment of paternity, license suspension, state tax offset, liens on
assets in financial institutions, liens on insurance claims.
Ark. Code Ann. § 9-10-120
subpoena?
No
No
expended?
No
No. If a court order exists, payments must be re-directed to the physical
custodian. AR OCSE does not take this action on behalf of the parties.
If the order is silent, an establishment; if the order states that child support
is $0, a modification.
both?
Administrative
Judicial
Any arrearage balance operation of law
County
Yes
$100 filing fee
Yes
both?
Both
Administrative
When case becomes delinquent
No
No
N/A
be sent?
N/A
Three months and/or $500 delinquent, no payments in last 60 days.
Under AR Policy, the following criteria must be met for AR to seize assets: *
The case must be an open full service case. * Arrears must be at least $500 or
three months' obligation, whichever is greater. * No payment made within the
last 45 days. *The noncustodial parent is not currently a TEA recipient. *The
noncustodial parent is not in bankruptcy. * A Family Violence Indicator is not
attached to the noncustodial parent.
Yes
21 days
No
N/A

N/A
No
N/A
action?
10 days from the date of the notice for financial institution liens; 15 days for
liens against insurance company assets.

action?
If the NCP disagrees with administrative hearing results, he/she has 30 days to
file a petition in Chancery Court.
Mistake of fact.
both?
Administrative
None
Judicial
Ten business days from date of notice. Request must be in writing based on
mistake of fact. Non debtor has same appeal rights as obligor.
Centralized. Not automated
None
No
N/A
Yes
Judicial process; foreclosure.
period?
Yes
20 days
N/A
Yes
Worker's Compensation - Administrative
may have.
None
have.
None
No specific procedures established. Generally, must comply with Article 4 UCC.
registration?
Direct income withholding.
Foreign orders are registered pursuant to UIFSA.
After registration, all available remedies are used to enforce a foreign support
order.
(UEFJA)?
Yes
Ark. Code Ann. § 16-66-601 et.seq.
No.
Transmittal #3
Yes
information?
TRW, Experian, TransUnion
Administrative
state, or both?
Responding state
Arrears exceed $1,000
every three years)?
Every three years.
Upon request of one of the parties.
State law for modification of child support orders is followed. Must show a
substantial change of circumstances to warrant modification.
order)?
There must be a change in the NCP's gross income in an amount equal to or more
than 20%, or more than $100 per month.
apply, if any?

Yes
No
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
The custodial parent must demonstrate that there has been a substantial change
of circumstances since entry of the child support order.
No
N/A
Current support first, then past due support.
No
N/A
N/A
N/A
Mail a request with a release from one of the parents or a court order to Vital
Records H44, P.O. Box 8184, Little Rock, AR 72203-8184. Payment of $12 per
acknowledgement, affidavit, or birth record must be included. The following
information must be provided: Child's full name; DOB; place of birth; mother's
full name, including maiden name.
Check with an attorney for the procedure to register.
No
All these things are defined as income.
No
N/A
No
reported?
N/A
N/A
N/A
N/A
payment?
No
cover the lump sum?
N/A
No
payment?
N/A
Garnishment process
Yes
50%, 55%, 60%, 65%
N/A
Yes
Yes, if it has not already been withheld.
Arizona
combination)?
State administered. State, county, and private contractor operated.
18
State administered. State and county operated and private contractor.
No
No
Act (UIFSA)?
06/15/1995
7/1/1995
A.R.S. § 25-1201 to 25-1342
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25
version)?
2001
March 29, 2005
In order to process an initiating case, the IJ must provide: verification of
paternity, Birth Certificates, paternity orders, and marriage and divorce dates
of the parties or Bio-mother if CP is a caretaker. General Testimony: must be
signed by the custodial parent or caretaker.
C. Reciprocity
Australia, Costa Rica, El Salvador, France, Germany, Honduras, Mexico, Sweden,
United Kingdom (England), and United Kingdom (Scotland)
No
Our policy is to enforce spousal support ONLY if there is an order for current
support and the child is living with the spouse seeking support. There would be
no difference in the way AZ would treat an order from a foreign country.
Yes
services.
Navajo Nation, Colorado River Indians
D. Age of Majority
18
A.R.S. § 25-320(C), 25-501 (A)
For additional information: http://www.azleg.state.az.us/ars/25/00320.htm
If child turns 18 while in high school or in a high school equivalency program,
support will continue while attending high school or a certified high school
equivalency program. Child support will continue until the child graduates high
school, completes a certified high school equivalency program, or turns 19,
whichever occurs first
No
emancipate?
No
Current child support is terminated as of the date of marriage of a minor child,
the date the child is deceased, or when the child is adopted.
Yes
Court may order support past age of majority for a mentally or physically
disabled child, but not for college.
No
support?
Effective September 21, 2006, the statute of limitations for collection of child
support was eliminated. This means that after that date, it is no longer
necessary to obtain a written court judgment to collect child support arrears
that have not been reduced to a judgment. In cases where the youngest child had
emancipated and three years had passed prior to September 21, 2006: If a final
judgment on arrears was not obtained, then the arrears cannot be collected. If a
final judgment on arrears was obtained, then those arrears can be collected. If
a judgment was obtained for any time period within the duration of the current
child support and there is a balance still due, then those arrears can be
collected.
Before child turns 18.
No
possible.
Judgment renewal is no longer necessary under revised A.R.S. § 25-503 (J),
Chapter 283, Laws 1999.
F. Support Details
Shared income.
Yes
conditions.
10% simple interest per annum
Yes
conditions.
Prospective from date of court order - 10% simple per annum
Yes
conditions.
10% simple interest per annum
medical bill?
No
No

State statute requires all obligors to pay a payment processing fee on wage
withholding.
No
A.R.S. § 25-1221
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/01221.htm&Title=25
&DocType=ARS
Yes
When included in the same order as the child support obligation, the spousal
maintenance order is enforced.
No
Information is only requested on income that is payable jointly to the party and
their spouse
withholding)?
Income Withholding Order, Order of Assignment, Wage Withholding
Per A.R.S. § 33-1131, one-half of a debtor's disposable earnings is exempt. In
the case of a prisoner, the mandatory deduction is 25% of the prisoner's gross
wages until the prisoner's account exceeds a $50 balance.
Yes
One-half of disposable earnings for any pay period is exempt.
payments?
The employer or other payor may withhold and retain for application to the
employer's or other payor's cost of compliance one dollar per pay period or four
dollars per month in addition to the current child support, payment on arrears,
and clearinghouse fee.
For an order of assignment, the first employer shall not deduct for 14 calendar
days. Future employers may implement sooner than 14 days. An Income Withholding
order is binding 14 days after receipt.
employee's pay?
The employer must remit within 2 business days after obligor is paid or payment
to the obligor is due.
Employers are liable for amounts not paid, attorneys fees and costs. They may be
subject to contempt. (A.R.S. § 25-504(H),25-505.01 (M)
Same as in G7.
No
lines.
Yes
State lines.

By requesting an administrative review.
The child support is allocated between the cases and is based on the child
support order amounts.
assistance?
Yes
proceed.
The obligation for current child support shall be fully met before any payments
under an order of assignment may be applied to payments of arrearages. If a
person is obligated to pay child support for more than one family and the amount
available for withholding is not sufficient to meet the total combined child
support obligation, any monies withheld from the obligor's income shall be
allocated to each family by the employer or payor as follows: 1. The amount of
current child support ordered in each case shall be added to obtain the total
child support obligation. 2. The ordered amount in each case shall be divided by
the total child support obligation to obtain a percentage of the total amount
due. 3. The amount available from the obligor's income shall be multiplied by
the percentage under paragraph two to obtain the amount to be allocated to each
family.
&DocType=ARS
No
termination?
Yes
rehired?
90 Days
A check processing fee.
Yes
A direct income withholding order can be sent to the employer of an NCP.
The employer can only withhold 50% of the obligor's disposable income for both
child support and court order medical support. If the medical insurance
premimums would be over the 50%, then the employer would nto be able to withhold
for the medical insurance premimum.
H. Paternity
No
95% - A.R.S. § 25-814, 25-816
A.R.S. § 25-812 (B),(D), 25-814
07/21/1996
No

Yes
The presumption may be rebutted by clear and convincing evidence (A.R.S. §
25-814(C), or with written consent of father married to child's mother.
determined?
Yes
Only after July 21, 1996, when unmarried parents put the father's name on the
birth certificate, they had to have voluntarily acknowledged paternity through
the court.
No

Yes
Putative Father's Registry, Department of Health Services
No

No
Not unless the parties have a common law marriage recognized in another state
before moving to Arizona.
Dependent on specific court.
provisions.
A.R.S. § 25-1221
&DocType=ARS
No
Yes, an acknowledgement of paternity is needed.
child?
One set of documents should be sent with a separate paternity affidavit for each
child.
support obligation?
Judicial

The income of the NCP and the CP is used in determining the child support
obligation.
In an action to establish child support, the amount resulting from the
guidelines is the amount ordered. If application of the guidelines would be
inappropriate in a particular case, the court shall deviate from the guidelines.
Some of the criteria include: The court has considered the best interests of the
child in determining a deviation. A deviation reducing the amount of support
paid is not contrary to the child's best interests. The court makes written
findings that the guidelines are inappropriate and has considered the child's
best interest. The court shows what the order would have been without the
deviation. The court shows what the order is deviating. The court may deviate
from the guidelines if the parties agree and only if all of the following
criteria are met: The agreement is written. The parties signed the agreement
with knowledge of the amount of support that would have been ordered by the
guidelines but for the agreement. All parties signed the agreement free of
duress and coercion and the court complies with state law and case law.
Yes
Past support may be awarded up to 3 years prior to the filing date of a court
proceeding to establish paternity and/or a child support order. The past support
amount is awarded based on the discretion of the court.

Verification of paternity, birth certificate, paternity order, or marriage and
divorce dates of parties or Bio-Mother if CP is a caretaker. Financial
information of the CP if the CP is the Bio-Mother is also needed for the
establishment of a current child support order.
No
Cases may be awarded past support for 3 years.
Enforcement
ARS § 25-1287
subpoena?
No
No
expended?
No
No
It the court order states that the current child support is reserved then a
Transmittal should be sent requesting the establishment of a current child
support order. If the court order states that the current child support
obligation is $0.00, then a Transmittal should be sent requesting a modification
of the current child support obligation.
both?
Administrative; A.R.S. § 42-1122
Administrative for IV-D cases
Unpaid balance that equals 2 month's worth of current child support.
County Recorder's Office in the county where property exists
Yes
Varies
No
both?
Judicial; A.R.S. § 25-521
Administrative
Both are used periodically.
No
Yes
The financial institution
be sent?
Simultaneously
A court ordered judgment or arrears equaling 12 months of the current child
support
None
None
No

No
The financial institution must leave $250.00 in the account.
The financial institution
action?
Fifteen days
action?
35 days from the date of the final determination of the administrative review.

both?
Administrative
None
Judicial
If obligor is not satisfied with decision of the administrative review, he/she
has 35 days to request court hearing. No unique requirements. Non-debtor has
same appear rights as obligor.
Not centralized. Partially automated.
None
Yes
$250.00
No
period?
Yes
Financial institution is to send the seized monies upon receipt of the Notice to
Surrender issued by the state child support enforcement agency.
Yes
Judicial
may have.
have.

Comply with notice requirements of A.R.S. § 25-516 and records lien pursuant to
state law.
registration?
Administrative income withholding order, administrative lien, asset seizure,
IRS/state tax refund offset, lottery intercept, unemployment insurance
deduction, worker's compensation intercept and administrative offset.
Once a support order or income withholding order is registered for enforcement,
it will be subject to the same procedures as an order issued by a tribunal of
Arizona.
The following enforcement remedies require judicial procedures: Civil contempt,
judicial income withholding, judgment on arrears, and federal criminal contempt.
(UEFJA)?
Yes
A.R.S. § 12-1701 to A.R.S. § 12-1708
No
The following documents are required from another state in order to process a
request for a Freeze and Seize (asset seizure): a Transmittal #1 requesting that
an asset seizure be completed and then the case be closed once the action has
been completed (if full enforcement is not requested), An arrears statement
(certified or notarized), and copies of all child support orders relating to the
case.
Yes
information?
Trans Union, Equifax
Administrative
state, or both?
Both
Arizona will report all current child support obligations and all arrears owed
that have not been reduced to a judgment.
every three years)?
Every 3 years or with proof of substantial and continuous change.
Request of parties
Per A.R.S. § 25-503(F), either party or the IV-D agency may file an action in
court. There must be substantial and continuing change of circumstances. This
can be done by a hearing or by simplified guidelines procedures.
order)?
15% difference up or down
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
No
No
Underlying order does not include medical support provision.
No
If SSA disability payments are paid to the Custodial Parent or caretaker for the
child(ren) subject to the order on behalf of the Non-Custodial Parent then the
Non-Custodial Parent is given credit for the payments up to the current child
support amount. If the SSA disability payments are less then the current child
support amount then arrears would accrue for the unpaid support. If the SSA
disability payments are more then the current child support amount, then the
Non-Custodial Parent is credited for current child support, any amount paid
above the current child support amount is not credited for arrears.
No
For establishment of paternity, establishment of current child support, and
enforcement of current child support or arrears. The following documents are
needed: Uniform Support Petition, Transmittal #1, Date and place (county, state)
of marriage if applicable. For establishment of Paternity the following
additional documents are needed: Affidavit in Support of Establishing Paternity
(signed and notarized by the Bio-Mother or Alleged Father), birth certificate
for out of state births, General Testimony (signed and notarized by the
Caretaker, Bio-Mother, or Bio-Father). For the establishment of current child
support the following additional documents are needed: General Testimony (signed
and notarized by the Caretaker, Bio-Mother, or Bio-Father), Proof of paternity
(order, birth certificate, acknowledgement of paternity, etc.). For enforcement
of current child support and arrears the following additional documents are
needed: Registration Statement (signed and notarized), one certified copy of all
court orders relating to case, certified payment history, arrears statement
(certified or notarized), and a month by month calculation of arrears. For
modification of the current child support obligation the following additional
documents are needed: General Testimony (signed and notarized by the Caretaker,
Bio-Mother, or Bio-Father)
Send a Transmittal #3 to the AZ Central Registry. The requested documents will
be obtained and returned to the requesting IV-D agency
A registration statement (signed and notarized), arrears statement (certified or
notarized), month by month calculation of arrears, certified payment history,
and certified copies of all court orders relating to case.
Yes
Lump sum payment includes serverance pay, sick pay, vacation pay, bonuses,
insurance settlements, commissions, and stock options.
Arizona Revised Statute 25-505
&DocType=ARS
No
No
reported?
payment?
No
cover the lump sum?
No
payment?
Limited Income Withholding Order
No
No
California
combination)?
State administered, County operated.
There are 52 local child support agencies with which the Department of Child
Support Services has cooperative agreements. This includes 11 counties that have
regionalized into 6 regions.
Local child support agencies; Departments of Justice, Insurance, Consumer
Affairs, Motor Vehicles, Corporations, and Real Estate; Employment Development
Department; Franchise Tax Board; Secretary of State; State Bar of California;
Judicial Council of California; Commission on Teacher Credentialing; Office of
Real Estate Appraisers.
N/A
N/A
Act (UIFSA)?
8/4/1997
1/1/1998
Family Code § 4900 et seq.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20
version)?
The tribunal is the Superior Court.
1996

Every province in Canada, every state in Mexico, Australia, Austria, Czech
Republic, Finland, France, Germany, Hungary, Ireland, Netherlands, New Zealand,
Norway, Poland, Portugal, Slovak Republic, Sweden, United Kingdom (England and
Wales, Northern Ireland, Scotland), plus certain former English states including
Bermuda, Fiji, and South Africa.
No
No
services.
D. Age of Majority
18 years except an unmarried child who has attained the age of 18 years, is a
full-time high school student, and who is not self-supporting, is considered a
minor until the time the child completes the 12th grade or attains the age of 19
years, whichever occurs first.
Family Code § 3901.
See D1.
No
emancipate?
No
Yes
Notwithstanding D1, statute extends the parents' duty to support an
incapacitated child when the child, regardless of age, is incapacitated from
earning a living and is without sufficient means. In these situations, the court
is allowed to order support beyond the child's majority. (Family Code § 3910)
support?
There is no statute of limitations in California. Child support is enforceable
until paid in full. (Family Code § 4502(a))
Paternity can be established at any time; IV-D will do this until the age of
majority.
Yes
possible.
Renewal is possible but not necessary because support orders are enforceable
until paid in full. (Family Code § 4502(b))
F. Support Details
Shared Income Model. The formula uses the percentage of both parents' net
disposable incomes, adjusted according to the percentage of time each parent has
primary physical responsibility for child. (Family Code § 4050 et seq.)
Yes
conditions.
Statutory rate of 10% per annum. Interest accrues from date installment is due
if payable in installments, or from date of entry of judgment. (Code of Civil
Procedure §'s 685.010, 685.020, and 685.030)
Yes
conditions.
See F2.1
Yes
conditions.
See F2.1
medical bill?
Yes
If it is reduced to a judgment.
No
None.
None.
Yes
Genetic test fees.
Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914.
For additional information: http://www.leginfo.ca.gov/calaw.html
Yes
Enforce spousal support orders if the IV-D agency is enforcing the child support
order and the child(ren) are living with the spousal support obligee.
(California Code of Regulations, Title 22, Division 13, § 112100(b)(2)(A))
(Family Code §'s 4351(b) and 17400(h))
No
No income information, except in extraordinary cases where excluding the income
would lead to extreme hardship to the child subject to the child support, in
which case, the court would also consider if including the income would lead to
hardship to any child supported by the obligor/obligee or their spouse or
partner. (Family Code § 4057.5)
withholding)?
"Income withholding order," "assignment order," "assignment order for support,"
"earnings assignment order," "wage assignment order." Any such order issued by
the local child support agency shall be issued on the federal form "Order/Notice
to Withhold Income for Child Support," OMB Control No. 0970-0154, as adopted by
the California Judicial Council. (California Code of Regulations, Title 22,
Division 13, § 110355)
Needs based income sources, such as TANF, CalWORKs, SSI/SSP, and General
Assistance are not subject to wage withholding. (Family Code § 4058)
No
payments?
$1.00 per withholding. (Family Code § 5235(d), Code of Civil Procedure §
706.034)
10 days after service of the order on the employer. (Family Code § 5233, Code of
Civil Procedure § 706.030(b)(3))
employee's pay?
Within 7 business days of the date the noncustodial parent is paid. (45 Code of
Federal Regulations 303.100(e)ii and Family Code § 5235(c))
Local child support agencies may pursue contempt charges and/or obtain a court
order requiring payment of support by electronic funds transfer from the
employer's bank account. The employer shall be subject to a civil penalty of
$500 for each occurrence. (Family Code § 5241, Code of Civil Procedures §
706.030(b)(4))
Employers are subject to contempt charges and are liable for the amount of
support not remitted including interest. Local child support agencies may obtain
a court order requiring payment of support by electronic funds transfer from the
employer's bank account. The court may impose a fee of up to 50% of the support
amount that has not been received by the obligee. (Family Code § 5241)
No
lines.
Yes
State lines.
It is only allowed if benefits are temporary.
Within 10 days after the delivery of the copy of the assignment order to the
obligor by the employer, a motion to quash must be filed with the court issuing
the order to request a hearing. (Family Code §'s 5270 and 5271)
When there are multiple assignment orders for the same employee, the employer is
instructed to prorate the withheld payments as follows: If the NCP has more than
one assignment for support, the employer adds the amounts due for each
assignment. If 50% of the NCP's net disposable earnings cannot satisfy all of
the assignments, the employer prorates first among all the current assignments,
in the same proportion that each assignment is to the total current support
owed. Any remainder is applied to the assignments for arrears, in the same
proportion that each assignment is to the total arrears owed. (Family Code §
5238)
assistance?
Yes
proceed.
See G12
termination?
rehired?
An income withholding order may be sent to the obligor's employer without first
filing a petition with the local tribunal. An earnings withholding order for
support may be satisfied directly from workers' compensation temporary
disability benefit payments. (Family Code § 4940, California Code of Civil
Procedure §'s 704.160(b) and (c))
Priority shall be given to the current child support, then to current medical
support. Any remainder is applied to other court ordered support obligations up
to 50% of disposable income. (Family Code § 5238)
H. Paternity
No
California law requires a paternity index of 100 and does not specify a
percentage to create a rebuttable presumption of paternity. (Family Code § 7555)
The voluntary declaration of paternity may be rescinded up to 60 days after it
was signed. It can be set aside up to two years after it was signed due to
fraud, duress, or material mistake of fact. The set aside must be done in court.
(Family Code § 7575)
1/1/1997
Yes
Declarations of paternity signed between 1/1/95 and 12/31/96 created a
conclusive presumption which was rebuttable by any person requesting blood or
genetic tests within three years of the date of execution of the declaration by
the attesting father, or by the attesting mother, whichever signature is later.
(Family Code § 7576)
Yes
Marriage constitutes a rebuttable presumption of paternity up to two years from
the date of the birth of the child. After those two years, marriage constitutes
a conclusive presumption of paternity. A husband may move for blood tests within
two years of the child's birth. (Family Code § 7541)
determined?
No
A father's name on the birth certificate for a child born prior to 1/1/95
carries no evidentiary weight of paternity. For children born after 1995, the
Declaration of Paternity form itself, not the name of the father on the birth
certificate, carries the evidentiary weight. The father's name on the birth
certificate after 1/1/97 is a strong indication paternity has been established,
but this must be confirmed by the existence of a filed paternity form. (Health
and Safety Code §'s 102425 - 102475)
Yes
Putative father and child's natural mother are, or have been, married to each
other and the child is born during the marriage or within 300 days after the
marriage is terminated; before the child's birth, the putative father and
natural mother attempted to marry and the child is born during the attempted
marriage or within 300 days of termination of marriage or cohabitation; after
the child's birth the putative father and natural mother attempted to marry, and
he consented to listing his name on the birth certificate, or is obligated by a
written voluntary agreement or court order to support the child; the putative
father receives the child into his home and openly holds out the child as his
natural child; the paternity index is 100 or greater. (Family Code §'s 7610 -
7614)
No
No
The official paternity documents and data are maintained by the California
Department of Child Support Services (not the Vital Statistics Agency) through a
vendor. There is no charge for a search or to obtain a certified copy of a
Paternity Declaration. The state Office of Vital Records and local registrars do
charge various fees for the documents they maintain. (Family Code §'s 7570 -
7577)
No
Written depositions and interrogatories accepted; generally teleconferencing and
videotaping are not accepted in absence of stipulation or court approval; court
may designate judge of initiating court as a person before whom a deposition may
be taken.
provisions.
Code of Civil Procedure § 410.10 and Family Code §'s 4905 - 4914.
For additional information: http://www.leginfo.ca.gov/calaw.html
Yes
Local child support agencies attempt to secure a judgment against the
noncustodial parent to recover the costs of genetic testing.
Unwed parents may establish paternity by signing a voluntary declaration of
paternity at the hospital after the baby is born to ensure the father is listed
on the birth certificate. If the parents do not sign it at the hospital, they
can sign it later but it may result in a longer, complicated process to amend
the birth record.
child?

support obligation?
Judicial

Net monthly disposable income of each parent is considered. (Family Code § 4050
et seq.)
Support is not assigned and parties stipulate to a different amount; deferred
sale of home and rental value exceeds mortgage payments, homeowner's insurance,
and taxes; parent ordered to pay support has extraordinarily high income; parent
is not contributing to child's needs commensurate with that parent's custodial
time; application of formula would be unjust or inappropriate due to
extraordinary circumstances. (Family Code § 4057)
Yes
In public assistance cases for one year prior to the date of the filing of the
petition or complaint in California. (Family Code § 17402) In non-public
assistance cases, retroactive to the date of filing the petition, complaint, or
other initial pleading. (Family Code § 4009)
For non-Title IV-A cases, a complete application package which includes
Application for Support Services, Child Care Verification, Visitation
Verification, Declaration of Support History, Health Insurance Information,
Request for Support Services, Child Support Domestic Violence Questionnaire,
Child Support Services Program Notice. For Title IV-A cases, Referral to Local
Child Support Agency, Support Questionnaire, Attestation Statement.
Yes
See I4.1
California uses the judicial process.
subpoena?
expended?
both?
Administrative. (Code of Civil Procedure §'s 708.730 - 708.795)
Both. Judicial: Money judgment or order needed first. Administrative: Liens
perfected by filing with the appropriate agency.
Real Property (California Code of Regulations, Title 22, Division 13, § 116130):
Title IV-D child support money judgment or order is received by a local child
support agency; a case is opened for enforcement of an existing order or
judgment; or an existing order is registered for enforcement. Personal Property
(Family Code § 17523): Title IV-D child support money judgment or order is being
enforced by a local child support agency; and the obligor is delinquent in child
support payments.
Real Property - County Recorder's Office. Personal Property - Secretary of State
Yes
Amount varies. Both the County Recorder's Office and the Secretary of State
charge a filing fee.
Yes
both?
Both.
Administrative. (Revenue and Taxation Code §'s 19271 and 18670, 18661 - 18677,
19271 - 19275)
When a delinquent case is referred for collection, a demand notice is sent
demanding payment within 20 days. Enforcement options are listed.
No
No
be sent?
N/A
$100 minimum delinquency. One month delinquency.
10 days
action?
action?

both?
Administrative. The remedy/appeal is based on case law rather than statute. The
debtor is granted a hearing for the purpose of determining if the amount
withheld creates an undue hardship. The hearing process is informal and may be
handled by phone.
The obligor may be reimbursed for bank fees resulting from freeze and seize.
Ten days from receipt of notice. No unique requirements. Non-debtor has same
appeal rights as obligor. The non-debtor may have to provide copies of bank
statement and deposits.
Centralized. Automated
Joint ownership can be a reason to contest.
period?

Yes
Administrative - Worker's compensation (Code of Civil Procedure § 704.160);
Unemployment compensation (Family Code § 17518); Lottery intercept (Code of
Civil Procedure § 708.730; Personal injury claims intercept (Family Code §'s
5246, 17522(a), (e), and (g), and 17400); State disability insurance intercept
(Code of Civil Procedure § 704.130)
may have.
Application for collection by the Secretary of the Treasury.
have.
Civil or criminal contempt proceedings.
An interstate lien form, promulgated by the federal Secretary of Health and
Human Services pursuant to § 652(a)(11) of title 42 of the United States Code,
must be filed with the county recorder to establish a real property lien.
registration?
Order/Notice to withhold Income for Child support; interstate liens.
Division 9, Part 5, Chapter 6, Articles 4, 5 and 6 of the California Family
Code. (Family Code §'s 4935, 4940 - 4946, 4950 - 4964)
N/A
(UEFJA)?
Yes
Code of Civil Procedure § 1710.10 et seq. (Sister State Judgments) and Code of
Civil Procedure § 1713 et seq. (Uniform Foreign Money Judgments Recognition
Act).
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20
No
Submit a Transmittal #3 to the Central Registry. Include all relevant
information including the NCP's name and the name, address and account number of
the financial institution. Requests to place a lien on a bank account in CA are
forwarded to the Franchise Tax Board.
information?
state, or both?
every three years)?
No required frequency, but local child support agencies shall send a notice at
least once every three years to each party informing them of their right to
request a review. Reviews are conducted upon request of the CP/NCP or by the
local child support agency when criteria in K2 are met.
Upon request of either party, when the request is based on the need to include
health care, and may be reviewed by the local child support agency, but not
required, if the case has been reviewed for adjustment within the last 6 months.
Judicial. The local child support agency will seek to adjust the order via a
motion, order to show cause, or stipulation.
order)?
A change in circumstances is expected to last more than 3 months, and will alter
the amount of support by at least 20% or $50, whichever is less; or the parties
stipulated to an order below the amount established by guidelines and are now
requesting an adjustment. No change in circumstances needs to be demonstrated to
modify the order to the applicable guideline level or above. The counties can
proceed when the request for an adjustment is based on the need to include
health care. The counties may, but are not required to, review any case if the
case has been reviewed for adjustment within the last 6 months. (Family Code §
4065(d))
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Change in custody; change in employment status; change in parenting time; change
in travel expenses for visitation; financial hardship on the obligee/obligor;
obligee/obligor begins or ceases receiving unemployment benefits, state
disability, or workers compensation benefits; additional child support orders;
change in the obligee/obligor's health insurance premium; release of the
obligee/obligor from incarceration or psychiatric facility; determination that
the order does not include a provision for medical support; obligor becomes
disabled; order based on presumed income and actual income becomes known;
obligee/obligor is a reservist in the military and is called to active duty; to
accommodate seasonal or fluctuating income of either parent.
No
Payments shall be credited toward the amount ordered for that month unless the
payments made were taken into consideration by the court in determining the
amount of support. If a lump-sum payment is received by the CP, credit shall be
given for each month for which the lump-sum payment was made. If the CP refuses
to apply for the benefits or cooperate with the appropriate federal agency, the
NCP shall be credited toward the amount ordered by the court in the amount that
the child would have received. The credit shall continue until the child would
no longer be eligible for the benefits or the order is no longer in effect,
whichever occurs first (Family Code §'s 4504(b) and (c))
To intercept unemployment or disability insurance benefits from CA that are
being paid to an NCP in another state, submit your request on a Transmittal #1
with a copy of the order and the amount of arrears to the Central Registry.
If the child was born in CA after 1/1/97, you may request a copy of the
paternity acknowledgement by contacting the Paternity Opportunity Program at
(866) 249-0773, or writing to: DCSS, POP, MS - 30, P.O. Box 419064, Rancho
Cordova, CA 95741-9064. Copies of birth certificates may be ordered from: Office
of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-7410, or
www.dhs.ca.gov/hisp/chs/OVR/ordercert.htm. The phone number is (916) 445-2684,
and the fee is $15.
For enforcement: A Transmittal #1, Registration Statement, one certified copy of
the order, and a certified month-by-month accounting of arrears if applicable.
For modification: In addition to the above, a Uniform Support Petition and a
General Testimony.
reported?
payment?

cover the lump sum?
payment?
Colorado
combination)?
State Administered/County Operated
64 offices
All programs operate through the County Department of Social Services, many of
which contract with private counsel. Arapahoe, Douglas, Elbert and Lincoln
counties have a cooperative agreement with the District Attorney in Arapahoe
County. The El Paso and Teller County programs have obtained a purchase of
services agreement with Policy Studies Inc. There are eight counties that have a
limited purchase of service agreement to collect public assistance debt only
cases.
Act (UIFSA)?
4/20/93
1/1/95
C. 14-5-101 through 14-5-903 Colorado Revised Statutes 1998
http://64.78.178.12/cgi-dos/stattocp.exe?P&ttl=14&art=5
version)?
2001
July 1, 2004
C. Reciprocity
The following provinces in Canada: Alberta, British Columbia, New Brunswick,
Ontario, Saskatchewan and the Yukon Territory, Australia, France, Germany,
Ireland, Mexico, Norway, Poland and the United Kingdom (England, Scotland, Wales
and Northern Ireland).
No
services.

For child support orders entered prior to July 1, 1997, unless a court finds
that a child is otherwise emancipated, emancipation occurs and child support
terminated when the child attains nineteen years of age.
14-10-115 (1.5)(a) Colorado Revised Statutes 1998
http://64.78.178.12/cgi-dos/statdspp.exe?LNP&doc=14-10-115
Colorado's age of emancipation was lowered from 21 to 19 years of age. There are
still orders that state child support will continue until 21 years of age and
are enforceable unless review and adjustment is completed.
No
emancipate?
No
Yes
If the parties agree otherwise in a written stipulation after July 1, 1991, or
the child is mentally or physically disabled. If the child is still in high
school or an equivalent program, support continues until the end of the month
following graduation but not beyond the age of 21.
support?
No limitations. Although if the arrears are reduced to Judgment there is a 20
year statute of limitations on the Judgment.
18 years of age if action initiated by custodial parent; 21 years of age if
action is initiated by child.
Yes
possible.
Judgments are renewable prior to the 20-year expiration.
F. Support Details
Yes
conditions.
Under Colorado Revised Statutes, interest may be calculated for child support
arrearages. The following interest percentages can be calculated: prior to June
30, 1975, 6% simple interest; July 1, 1975, through June 30, 1979, 8% simple
interest; July 1, 1979 through June 30, 1986, 8% compounded interest; an July 1,
1986, through the persent 12 percent compounded interest.
Yes
conditions.
From date of order forward. A judgment is not required. "See response to F2.1"
Yes
conditions.
See response to F2.1
medical bill?
No
Yes
Refund intercept fee of $25.
Colorado will recover birth and genetic testing costs upon the establishment of
paternity from the obligor. Service of process in some cases.
Yes
Colorado will only recover genetic testing costs upon the establishment of
paternity.
14-5-201 Colorado Revised Statutes 1998
No
No
withholding)?
Income Assignment
All income types can be withheld.
No
payments?
The employer, trustee or other payor of funds may extract a processing fee of up
to five dollars per month from the remainder of the obligor's income after the
deductions and withholding.
An income assignment shall take effect no later than the first pay period that
begins at least fourteen days after the mailing date on the notice of income
assignment.
employee's pay?
The employer shall forward payment within seven business days after the date of
each deduction
If an employer fails to abide by the terms in the notice of income assignment
they may be held in contempt of court.
The employer may be held liable for an amount up to the accumulated amount the
employer should have withheld from the obligor's income.
No
lines.
Yes
State lines.

Once an income assignment has been issued, no further judicial appeals are
permitted.
A. 1. Current monthly child support and maintenance when included in the child
support order for all income assignments. 2. A specific dollar amount applied
toward medical support, if ordered by the court (not health insurance premiums).
3. Child support debt, arrears, and retroactive support due, including medical
support arrears. 4. Maintenance only. The amount of support is prorated among
the income assignments according to the amount due in each priority level.
assistance?
Yes
proceed.
14-14-111.5 (b)(I)(A) Colorado Revised Statutes 1998.
http://64.78.178.12/cgi-dos/statdspp.exe?LNP&doc=14-14-111.5
termination?
rehired?
No
A rebuttable presumption of paternity is created when the genetic tests results
show that the probability is ninety seven percent or higher.
A duly executed voluntary acknowledgment of paternity is considered a legal
finding of paternity. A rebuttable presumption of paternity is created when the
biological father acknowledges paternity.
07/01/1997
Yes

Yes
Marriage creates a presumption that may be rebutted in an appropriate action
only by clear and convincing evidence.
determined?
No
The father's name on the birth certificate creates a presumption that may be
rebutted in an appropriate action only by clear and convincing evidence.
Yes
(1) If before the child's birth, the parties have attempted to marry, and if the
attempted marriage could be declared invalid only by a court, the child is born
during or within three hundred days after its termination, or the attempted
marriage is invalid without a court order, the child is born within three
hundred days after the termination of cohabitation. (2) If after the child's
birth, he and the child's natural mother have married and he acknowledged
paternity in writing or he has been obligated to support the child under a
written voluntary promise or by court/administrative order.
No
Yes
There are no circumstances under which these fees may be waived.
Yes
The man and woman are free to enter into a marriage contract, neither is married
to another person, and both parties are of the legal age (18). The man and woman
hold themselves out to the public as married: Such as sharing a joint checking
account, filing income tax returns or putting both names on property titles as
husband and wife.
Persons may testify or be deposed by telephone, audiovisual means or other
electronic means.
provisions.
14-5-201 Colorado Revised Statutes 1998
Yes
Colorado will attempt to obtain order for genetic testing costs.
child?

support obligation?
Both
At all times except for circumstances listed under I1.2.
A. A Colorado court order which establishes a monthly child support obligation
exists, or an order exists in Colorado which could be modified to establish a
monthly child support obligation, or B. The county director or designate IV-A
staff has made a finding of good cause exemption from referral to the Child
Support Enforcement Unit, or C. The case requires paternity establishment and
the case involves a presumed father and one or more alleged father(s) or the
case involves multiple alleged fathers, or D. The obligor is incarcerated for a
future period of one year or more, or E. One or both of the parents is under age
18, or F. The case is a responding interstate case and there is a court or
administrative order which established a periodic child support obligation. The
order may have been issued in any state.
26-13.5-101 through 26-13.5-113 Colorado Revised Statutes 1998.
http://64.78.178.12/cgi-dos/stattocp.exe?P&ttl=26&art=13.5
The financial resources of the child.
The courts may deviate from the guideline where its application would be
inequitable, unjust or inappropriate. Any such deviation shall be accompanied by
written or oral findings by the court specifying the reasons for the deviation.
Yes
* County Policy will determine establishment of support for a prior period. (1)
An order for support or a prior period may be enter for those months the
custodial party received public assistance or (2) under the dissolution of
marriage statute from the date of the parties' physical separation or the filing
of the petition or upon service upon the obligor, whichever date is latest for
non-public assistance cases or (3) under the Uniform Parentage Act, and the
juvenile support statute an order for support may be entered for a reasonable
amount for the period prior to the entry of the order establishing paternity and
support.
The periods of time the custodial parent received public assistance.
Yes
None.
subpoena?
expended?
both?
Administrative.
Administrative.
Any arrearage
RP-County clerk and recorder where property located PP-Central Indexing System
Vehicles-County clerk and Recorder, except Denver County: DMV
Yes

Yes
both?
Judicial.
Administrative.
No
No
be sent?
N/A
$2500 minimum delinquency. No specified number of months delinquent. Trust and
custodial accounts are exempt per state law. Joint accounts are exempt at this
time.
20 days for a non-mandated harship appeal.
action?
action?

both?
Administrative. Obligor objects to county agency. Obligor can also appeal to
State agency then to court.
None
Timeframe to be determined.. Obligor can object based on hardship. Recourse for
non-debtor to be determined.
Not centralized. Automated. AEI process may be manual process.
Target date for implementation of the freeze and seize processd in 2000.
period?

Yes
Administrative withholding of workman compensation benefits, unemployment
benefits, state lottery, state vendor payments.
may have.
None.
have.
Contempt of court, Rule 69 Procedure (judicial hearing held to solicit testimony
regarding employment /assets)
A real property lien must be filed with the county Clerk and Recorder's Real
Estate Records section in the county where the obligor owns property.
registration?
Income Assignment
A notice of registration of the order is sent to the non-registering party
advising that a hearing to contest the validity or enforcement of the registered
order must be requested within twenty days after notice. Failure to contest
within this time period will result in confirmation of the order by operation of
law.
None
(UEFJA)?
Yes
13-53-101 through 13-53-108 Colorado Revised Statutes 1998
http://64.78.178.12/cgi-dos/stattocp.exe?P&ttl=13&art=53
information?
state, or both?
every three years)?
By request of the custodial party, non-custodial party or the IV-D office.
By request of the custodial party or non- custodial parent.
Review notice and income and expense affidavits are forwarded to the parties and
financial information is gathered. A guideline calculation will be completed on
the 40th day following the notice. If the results of the guideline calculation
meet the criteria listed in response (3) below, a post review notice is sent to
the parties. The parties have 40 days to challenge the results of the review.
The parties have a right to request a judicial determination of the findings.
order)?
If the request for review is less than 36 months from the entry of the order,
there must be a difference of at least ten-percent. If the request for review is
greater than 36 months from the entry of the order, if the guideline calculation
is different from the existing order the adjustment will be made.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes

No



No
Yes
14-14-111.5,(4)(k.5) Colorado Revised Statutes.
Yes
reported?
none
Contact county worker that issued the order/notice to withhold income for
support or the state office if the county is unknown.
Two business days
One week after contacting the county/state office.
payment?
Yes
cover the lump sum?
No, it is included in the order/notice to withhold income for support.
No
payment?
Garnishment or Worker's Compensation Lien and Levy.
Yes
50-65% of disposable income according to 13-54-104 Colorado Revised Statutes.
Yes
Yes.
Connecticut
combination)?
State Administered/State Operated
15
State of Connecticut Judicial Branch, Attorney General, Department of Labor,
Department of Motor Vehicles, Collection Services Business Center, Department of
Children and Families, Department of Public Health, and Department of
Administrative Services
Act (UIFSA)?
6/30/1997
1/1/1998
Sections 46b-212 to 46b-213v, inclusive of the Connecticut General Statutes
(CGS)
http://www.cga.state.ct.us/2001/pub/Chap816.htm#sec46b-212.htm
version)?
Direct income withholding provisions are found at CGS Sec. 46b-213w.

Australia; Bermuda; Canadian Provinces: Alberta, Nova Scotia, British Columbia,
Ontario, Manitoba, Saskatchewan, New Brunswick; Czech Republic; France; Germany;
Hungary; Ireland; Mexico (the following 27 of 32 states): Aguascalientes,
Nayarit, Baja California, Nuevo Leon, Campeche, Puebla, Chiapas, San Luis
Potosi, Chihuahua, Queretaro, Coahuila, Quintana Roo, Colima, Sonora, Distrito
Federal, Tabasco, Guanajuato, Tamaulipas, Guerrero, Tlaxcala, Hidalgo, Veracruz,
Jalisco, Yucatan, Michoacan, Zacatecas, Morelos; Norway; Poland; Slovak
Republic; United Kingdom: England, Wales, Scotland, Northern Ireland.
No
services.

18
Section 1-1d of the Connecticut General Statutes.
http://www.cga.state.ct.us/2001/pub/Chap001.htm#sec1-1d.htm
18, except in cases where decree of dissolution of marriage, legal separation or
annulment is entered on or after July 1, 1994 in accordance with CGS Sec.
46b-84, support continues for unmarried children residing with a parent until
completion of twelfth grade or the age of nineteen, whichever first occurs. CGS
§§17b-745, 46b-171, 46b-172 and 46b-215 amended October 1, 2004, extends the
support liability of parents who are subject to the provisions of these statutes
to age 19 for unmarried children who remain full-time high school students.
Yes
See D3.
emancipate?
No
Statutory emancipation procedures are at CGS Secs. 46b-150 to 46b-150d,
inclusive. Connecticut also recognizes common law emancipation under CGS Sec.
46b-150e.
Yes
In the circumstances described in D3, and also if the child lives with a parent
and has mental retardation, or a mental or physical disability, until age 21 in
cases of dissolution of marriage, legal separation or annulment, for orders
entered on or after October 1, 1997, in accordance with CGS Sec. 46b-84.
support?
None
18 years
No
possible.
Not applicable.
F. Support Details
Income shares.
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If court orders 50% unreimbursed medical expenses, and finds payments not made.
Yes
Connecticut does not recover costs, but the following fees are charged: a
non-TANF application fee of $25 if the applicant's income is more than the TANF
standard of need; $15 for each name certified to the IRS; and $10 ($14 if SSN
not provided) for location-only services.
Genetic testing costs if the putative father's paternity is acknowledged or
adjudicated; service of process fees.
No
CGS Sec. 46b-212d
http://www.cga.state.ct.us/2001/pub/Chap816.htm#sec46b-212d.htm
Yes
In UIFSA responding cases and in IV-D cases in which the child who is the
subject of the support action is living with the parent for whom the maintenance
order is issued.
No
withholding)?
Income withholding.
None
http://www.cga.state.ct.us/2001/pub/Chap906.htm#sec52-362.htm
Yes
85% of the first $145 of disposable income per week is exempt from withholding.
payments?
None
The first pay period after 14 days following the date of service of the
withholding order.
employee's pay?
Within 7 days of the date the employee is paid.
Contempt action and civil action for amounts not withheld.
Repayment of the full amount not withheld since receipt of proper notice.
No
lines.
CGS Sec. 52-362(a)(3) requires a purchase of service agreement with the State
Labor Commissioner for withholding of UI benefits.
Yes
State lines.
Permitted by CGS Sec. 52-362(a)(5).
Delivering signed claim form to court clerk or, in direct withholding cases, to
IV-D agency and employer.
Child support withholdings have priority over other types of wage executions.
Current support has priority over arrearage payments. Multiple withholdings
allocated in proportion to amount of orders.
assistance?
Yes
proceed.
Sections 52-362 and 46b-213w of the Connecticut General Statutes.
http://www.cga.state.ct.us/2001/pub/Chap816.htm#sec46b-213w.htm
termination?
rehired?
No
99% or greater.
CGS Sec. 46b-172
10/1/1991
Yes
"New trial" could be petitioned for.
Yes
An acknowledgment of paternity or court paternity finding based on clear and
convincing evidence such as genetic tests.
determined?
Yes
If executed on or after June 1, 1998.
No

Yes
There is a central registry for paternity acknowledgments, rescissions of
acknowledgments, and adjudications at the Connecticut Department of Public
Health.
Yes
If requested by authorized individuals of the Connecticut IV-D agency.
No
All methods acceptable subject to approval of court.
provisions.
Under CGS Sec. 46b-160, court must find actual notice; and answer form, notice,
application for appointment of counsel, and financial affidavit must accompany
petition served on putative father. Genetic tests may be ordered; default order
may be entered.
http://www.cga.state.ct.us/2001/pub/Chap815y.htm#sec46b-160.htm
Yes
UIFSA petitions sent to central registry. Support Enforcement Services dockets
case in Family Support Magistrate Division and notifies the petitioner where and
when filed, sets a hearing, and issues a summons to the respondent. Costs may be
recovered if pleaded and recovery is ordered by the Family Support Magistrate.
child?

support obligation?
Both
Administrative process is used only when noncustodial parent agrees to the
amount of support indicated by the child support guidelines.
Judicial process is used when the noncustodial parent does not agree to the
guidelines amount.
Sections 17b-179, 17b-745, 46b-172, 46b-215, and 46b-231 of the Connecticut
General Statutes.
http://www.cga.state.ct.us/2001/pub/Chap319s.htm#sec17b-179.htm
Custodial parent's only.
Other financial resources available to a parent; extraordinary expenses for care
and maintenance of the child; extraordinary parental expenses; needs of a

parent's other dependents; coordination of total family support; special
circumstances. The deviation criteria are listed in detail at Sec. 46b-215a-3 of
the Regulations of Connecticut State Agencies.
Yes
Birth of child, date of separation, or three years prior to filing in paternity
cases, whichever is applicable.
Past ability to pay, if known; current ability to pay, if past ability not
known; or assistance rendered to the child, if past and current ability not
known. If based on existing court order, an arrearage affidavit of the payee.
Yes
See I4.1.
subpoena?
expended?
both?
Administrative.
Administrative
Past Due Support of $500 or more
RP - Local (by town)
Yes
$10.00 - $15,00
Yes
both?
Administrative and judicial. Administrative under CGS Sec. 52-362d(d),(e)
requires $500 overdue support (i.e., delinquency).
Administrative
No
Yes
The state.
be sent?
After assets are frozen
$500 minimum delinquency. No specified number of months delinquent. No accounts
exempted.
None
action?
action?

both?
Administrative
None
60 days from date of receipt. No unique requirements. No recourse for
non-debtor.
Centralized. Not automated.
No
period?

Yes
Administrative for all forms of funds/benefits. Same criteria as listed in J4.1.
may have.
Yes; administrative withholding of lottery winnings under CGS Sec. 52-362d(c);
no debt threshold.
have.
Yes; contempt citation under CGS Sec. 46b-231 and criminal prosecution under CGS
Secs. 53-304 to 53-308, inclusive.

Register order for enforcement under UIFSA and request lien remedy, fully
describing the subject property, including type and location.
http://www.cga.state.ct.us/2001/pub/Chap906.htm#sec52-362d.htm
registration?
Income withholding.
UIFSA registration under sections 46b-213g to 46b-213n, inclusive of the
Connecticut General Statutes. Support Enforcement Services files documents in
registry of support orders in Family Support Magistrate Division and notifies
nonregistering party. If nonregistering party fails to contest registration,
order is confirmed. If nonregistering party contests registration, a hearing is
held. Support Enforcement Services uses all available remedies to enforce order.
None.
(UEFJA)?
Yes
Sections 52-604 to 52-609, inclusive of the Connecticut General Statutes.
http://www.cga.state.ct.us/2001/pub/Chap928.htm#sec52-604.htm
information?
state, or both?
every three years)?
As requested by either parent, but no more frequently than every three years
unless there is a substantial change in circumstances.
On request of either parent and, in TANF cases, at the request of the IV-D
agency.
Direct interstate referral form requesting review and adjustment of order to
local Support Enforcement Services office. Support Enforcement Services will
prepare appropriate motions if jurisdiction can be obtained, and notify
requesting jurisdiction of results.
order)?
Substantial change in the circumstances of either party or substantial deviation
of existing support order from child support guidelines amount (15% deviation
rebuttably substantial).
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No
Changes in circumstance not sufficient for modification if contemplated in the
original order. No modification for child care expense changes, provided
expenses are reasonable and necessary, because child care is ordered as
reimbursement of a percentage of whatever expenses are incurred and paid. Other
reasons for modification are custody and payee changes.
No



reported?
payment?

cover the lump sum?
payment?
District of Columbia
combination)?
State /Administered/Operated.
None
Courts, Police Dept, Health Dept, Lottery Bd

Act (UIFSA)?
11/1995
12/1995
DC Code Title 30 Sec 341.1-349.1
version)?

None
No
services.

Age 21, or at the point the minor is self supporting through marriage,
employment or military service.
Age 21, - Case Law
Age 21
No
emancipate?
No
If the child is married and supporting self then yes. If the child is away at
school and still being supported by the custodial parent then no.
Yes
Support can be paid beyond the age of majority if the child is handicapped.
support?
None
Child's 21st birthday
No
possible.
Shared income, (gross income)
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If ordered by court
No

Genetic testing fees may be ordered to be paid by obligor
No
Unless ordered by court
DC Code 13-423 ; 30-342.1
No
Unless child support is included in order
No
withholding)?
Wage Withholding
Disability, SSI
No
payments?
Up to $2.00 per pay period at option of employer.
Seven business days after the date of the order or the next regular pay period.
employee's pay?
The same date of the Wage withholding.
Follow up by Court
Employer subject to contempt
No
lines.
Yes
State lines.

File Petition in court
All orders receive same priority
assistance?
Yes
proceed.
termination?
rehired?
No
99%
3/1995
Yes

Yes
Genetic test results
determined?
No
Could reflect an adjudication , rebuttable or conclusive presumption
Yes
Attempted marriage before child's birth, marriage or attempted marriage after
child's birth if respondent acknowledged child to be his with written
acknowledgment
No
Yes
None
Yes
Parties must be free to marry, have held themselves out as husband and wife,
1931
N/A
Interrogatories, telephonic depositions
provisions.
DC Code title 30, section 342.1
Yes
If ordered by court
child?

support obligation?
Both-Judicial with administrative consent process
Administrative used when both parties can reach agreement, order must be
ratified by court
Administrative orders require judicial approval.
N/A

None.
Needs of child are exceptional, NCP needs period of reduced payments to permit
repayment of financial debt or rearrangement of financial obligation,
Yes
Birth of Child
Written proof of income from both parties, proof of child care, medical
insurance, etc.
No
Support will not be awarded retroactively if the NCP was incarcerated or had no
income
subpoena?
expended?
both?
Yes- Administrative
Both
Any arrearage
State, Recorder of Deeds
No

Yes
both?
Pending
Judicial
No
Yes
be sent?
Information not available at this time
action?
action?

both?
Judicial
None
10 days from date of service. No unique requiements. Recourse for non-debtor to
be determined
Centralized. Not automated
No
period?

Yes
Unemployment Compensation Benefits. (Administrative).
may have.
Lottery Winnings
have.

N/A
registration?
Wage Withholding
Submission of case information on UIFSA form
Will apply all local enforcement remedies
(UEFJA)?
No
information?
state, or both?
every three years)?
Every three years
Request of parties, automatically in TANF cases
Notification of parties, review of financial information, negotiation, petition
order)?
15% deviation
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes

No


reported?
payment?

cover the lump sum?
payment?
Delaware
combination)?
State Administered /State operated
3 Sites
Office of the Attorney General, Division of Motor Vehicles, Department of Labor,
State of Delaware Family Court, and Division of Revenue.
Yes.
Act (UIFSA)?
7/1/1995
7/1/1995
13 Del. C Chapter 6
version)?
2001
July 1, 2006

Australia, England, Germany, and the following provinces in Canada, Manitoba,
New Brunswick, Nova Scotia, Ontario, Saskatchewan, Yukon
No
No
services.

18
13 Del. C ? 501 (a)(b)(c)(d)
18 and the child is no longer in high school.
No
emancipate?
No
Yes
If a child is disabled or has special needs, obligation may continue beyond age
of majority if documentation is accepted by hearing official. College expenses
are not considered.
No
support?
The State of Delaware does not have a statute of limitations on collection of
past due support.
Child is 18 years old, or reaches 19 and is still in high school.
Yes
possible.
See answer to question A.
F. Support Details
Melson Formula
No
conditions.
No
conditions.
N/A
No
conditions.
medical bill?
Yes
If a court order requires the non-custodial parent to pay a percentage of
un-reimbursed medical expenses, the child support office will enforce that
portion under the following circumstances. 1) The non-custodial parent has been
informed of the medical debt. 2) The non-custodial parent has been given an
opportunity to pay the bill or make arrangements with the custodial parent. 3)
If both 1 and 2 have been completed and the non-custodial parent has failed to
pay back the debt, the custodial parent can request enforcement by completing
the designated medical forms at the IV-D agency. The medical forms ask for
information with regards to ER/Hospital, date of treatment, cost of treatment,
amount covered by insurance, balance due, percentage of amount to be split
between the custodial and non-custodial parent. The IV-D agency would then file
a contempt petition on the custodial parent's behalf for un-reimbursed medical
debt.
No
No
13 Del. C ? 610
Yes
Only if there is a corresponding child support order.
No
withholding)?
Wage withholding
Supplemental Social Security Benefits
No
payments?
Up to, not to exceed $2.00
7 days
employee's pay?
On or before the date the employee is paid.
Contempt petition would be filed in the State of Delaware Family Court. The
Family Court Commissioner would determine sanction after court proceeding.
Not more then $1000.00 for a first offense or imprisoned not more then 90 days
or both. For each subsequent offense shall be fined not more than $5,000.00 or
imprisoned not more than 1 year, or both.
No
lines.
Send income wiwthholding notice to the IV-D agency.
Yes
State lines.
In writing, to the Administrative Hearing Officer.
Child support attachment has priority over any other attachment, except for
federal tax liens, regardless of whether such other attachment was perfected
prior to the support attachment.
assistance?
Yes
proceed.
termination?
No.
rehired?
No.
No.
Child support, arrears, medical support
H. Paternity
No
99% or above
7/1/1997
Yes

Yes
By the person filing the appropriate documentation in the Family Court.
determined?
No
The father could file the appropriate documentation in the Family Court to
request a paternity test. This may or may not be granted.
No

No
Yes
None
No
Depending on the particular reason for the request, the Family Court may grant a
request for a teleconference. In reciprocal cases, the State of Delaware does
except under a notarized signature written documentation.
provisions.
13 Del. C ? 610
Yes
Genetic testing costs are recovered if included in the ordered obligation.
child?

support obligation?
Judicial Process

The custodial parent and non-custodial parent.
In some situations, the individual can file with the State of Delaware Family
Court if they disagree with a Family Court Order.
Yes
No more then two years, or retroactive from the date the document (petition) was
filed with the Family Court, or child's date of birth.
Certification of mailing, filings date, financial information from the parties.
Yes
subpoena?
expended?
both?
Administrative procedures
Both
Varies - IV-D Case
RP:Register of Wills, or Prothonotary RP:Register of Wills, or Clerk of Court,
or Prothonotary, or Attorneys' of Record, or Sec. of Industrial Acident Board.
Yes
Amount varies
Yes
both?
Judicial procedure
Administrative
FI, CP and NCP are noticed simultaneously when case is selected for lien action.
No
Yes
State
be sent?
N/A
$1,000 minimum arrears AND 60 days no voluntary pay. FIDM levy seizure, tax
intercept, lottery intercept and administrative offset not considered voluntary
pay.
Statutorily, liens/levies are good for 10 years
action?
action?

both?
Administrative with appeal to Judicial
None
Within 20 days from date of notice, account holders must file a request in
writing. Only three issues can be raised (obligor is not the person, arrears are
incorrect, child support payments were made in last 60 days). Recourse for
non-debtor permitted.
Centralized. Not completely automated.
Proper notice and appeal opportunity requirements must be met for lien/levy
activity. Certain delinquent cases are excluded: Collection only, Intact family,
Bankruptcy, PFA.
period?

Yes
Worker's compensation, unemployment compensation - judicial and administrative
procedures.
may have.
Wage withholdings to employers
have.
Incarceration, lump sum payments, wage withholdings to employers.
N/A
registration?
None
Arrears required. Once received, a copy of the arrears and last out of state
court order and the other states UIFSA legislation sent to State Attorneys
office in a formal letter for signature. The signed packet (petition) would be
sent to the Clerk of Court in the State of Delaware Family Court. Family Court
will serve the non-custodial parent. If the non-custodial parent does not
contest the registration, the registration will be confirmed in about 30 days.
None
(UEFJA)?
Yes
13 Del. C ? 662
information?
state, or both?
every three years)?
2 ? years or proof that a substantial change in circumstances has occurred.
On request of CP or NCP in non-TANF cases; automatically in TANF cases.
A request would be made of the custodial parent to provide in writing why he/she
believes that there is a substantial change in circumstances that warrant a
modification of the existing court order, or if the previous court order is over
2 ? years old. The Division of Child Support generates a modification petition
to be signed by the State Attorney General's office. Once signed by the State
Attorney's office the petition would be submitted to the State of Delaware
Family Court for process service of the parties and scheduling of a Family Court
hearing. The Family Court hearing would determine whether a modification of the
previous order is warranted.
order)?
10% or the previous order is over 2 ? years old, or an agreement between the
parties.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Yes
Standard of Living Adjustment (SOLA)


DCSE is required to document the paternity status of each child. Please assure
that the subject order contains a specific finding of paternity for each child.
If not, please attach documentation for our records that reflects that paternity
has been established for each child.
reported?
payment?

cover the lump sum?
payment?
Florida
combination)?
43 offices
Florida Attorney General; Miami-Dade County State Attorney's Office; County
Sheriff s Departments; County Clerks of Court; Departments of Children and
Families (public assistance), Financial Services, Business and Professional
Regulation, Corrections, Health (Office of Vital Statistics and Medical
Assurance), Highway Safety and Motor Vehicles, Law Enforcement, and Lottery;
Federal District Courts; Utility companies; Agency for Workforce Innovation and
Workforce Development Boards; Ounce of Prevention Fund of Florida/Florida s
Commission on Responsible Fatherhood.
Act (UIFSA)?
7/1/1997
7/1/1997
Chapter 88, Florida Statutes.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch008
8/titl0088.htm&StatuteYear=2002&Title=%2D%3E2002%2D%3EChapter%2088
version)?
None
1996

Australia, Austria, Bermuda, Canada (including Alberta, British Columbia,
Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova
Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon
Territory), Czech Republic, Finland, Fiji, France, Germany, Hungary, Ireland,
Jamaica, Norway, Poland, Slovak Republic, South Africa, Sweden, United Kingdom
(including England, Northern Ireland, Wales, and Scotland)
No
N/A
No
services.
N/A
D. Age of Majority
18
Section 743.07, Florida Statutes.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_St
ring=&URL=Ch0743/SEC07.HTM&Title=->2002->Ch0743->Section%2007
18
Yes
This statute operates prospectively and does not affect the rights and
obligations existing prior to July 1, 1973. (s. 743.07(3), Fla. Stat.)
emancipate?
No
Child support terminates at age 18 unless otherwise ordered.
Yes
If child(ren) is/are declared legally dependent beyond that age due to mental or
physical disability; the child is 18 and still in high school and will graduate
prior to age 19; or support has otherwise been ordered to continue.
No
support?
None, but to bar stale claims, laches may apply.
4 years after the child's 18th birthday.
No
possible.
This issue has not been directly addressed. Florida does not have a revival
statute for paternity or child support.
F. Support Details
Income shares based on New Jersey model.
Yes
conditions.
Interest is charged on judgements. A missed payment becomes a judgment by
operation of law. Interest rates on judgements are determined annually by the
state Comptroller.
No
conditions.

Yes
conditions.
Interest rates on judgments are determined annually by the State Comptroller.
For current rates: http://www.dbf.state.fl.us/interest.html
medical bill?
No
Florida will enforce the uninsured portion of a medical bill only if a specific
dollar amount is stated in the order.
Yes
None.
Obligor may be assessed costs by the court relating to paternity and/or support,
modification and enforcement actions.
Yes
None.
Section 48.193, Florida Statutes, for children conceived on or after October 1,
1988. Section 88.2011, Florida Statutes (UIFSA), for causes of action that
accrue on or after July 1, 1997.
Yes
Florida will enforce spousal support order only in conjunction with a child
support obligation, and if the child named in the child support order is
residing with the individual for whom spousal support is ordered.
No
In certain cases involving subsequently born children, this information may be
required by s. 61.30(12), Florida Statutes. For additional information:
withholding)?
Income Deduction
US Dept. of Veterans Affairs disability benefits, except as remuneration for
employment defined in 42 USC, Section 659(a) and (h), public assistance
benefits, and Unemployment Compensation are excluded from the definition of
income for withholding purposes. However, the Title IV-D program can intercept
unemployment compensation benefits pursuant to s. 443.051(3), Florida Statutes.
No
N/A
payments?
Administrative costs of $5.00 for the initial payment, and $2.00 for each
subsequent payment, may be collected from the obligor's income.
No later than the first payment date which occurs more than 14 days after the
date the income deduction notice was served on the payor.
employee's pay?
Within 2 days after each date the obligor is entitled to payment from the payor.
Cases are reviewed by local IV-D attorneys for judicial enforcement.
A Payor may be held liable for the amount that should have been deducted, plus
costs, interest, and reasonable attorney fees.
No
lines.
None
Yes
State lines.
The income withholding order/notice must be forwarded to the individual
insurance carrier involved in the worker's compensation claim.
By filing a petition in court. However, the income deduction can only be
contested based upon mistake of fact about the amount owed; mistake of fact
about the amount of arrearage; or mistake of fact concerning the identity of the
payor, obligor, or obligee. (s. 61.1301(1)(e), Florida Statutes)
When there is more than one income deduction notice against the same obligor,
the amounts available for income deduction must be allocated among all obligee
families as follows: (a) For computation purposes, all obligations must be
converted to a common payroll frequency, and the percentage of deduction allowed
under s.303(b) of the Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as
amended, must be determined. The amount of income available for deduction is
determined by multiplying that percentage by the obligor's net income. (b) If
the total monthly support obligation to all families is less that the amount of
income available for deduction, the full amount of each obligation must be
deducted. (c) If the total monthly support obligation to all families is greater
than the amount of income available for deduction, the amount of the deduction
must be prorated, giving priority to current support, so that each family is
allocated a percentage of the amount deducted. The percentage to be allocated to
each family is determined by dividing each current support obligation by the
total of all current support obligations. If the total of all current support
obligations is less than the income available for deduction, and past due
support is owed to more than one family, then the remainder of the available
income must be prorated so that each family is allocated a percentage of the
remaining income available for deduction. The percentage to be allocated to each
family is determined by dividing each past due support obligation by the total
of all past due support obligations.
assistance?
Yes
proceed.
Allocation of support is addressed in s. 61.1301(4), Fla. Stat. (1998 Supp.).
termination?
rehired?
Yes
By operation of state law, if a judgment of paternity contains no explicit award
of custody, the establishment of a support obligation (or visitation rights) of
one parent shall be considered a judgment granting custody to the other parent
without prejudice. If a paternity judgment contains no such provision, custody
shall be presumed to be with the mother. (s. 742.031(2), Florida Statutes)
A percentage of 95% creates a rebuttable presumption of paternity.
None
7/1/1997
Yes
None
Yes
Burden of proof is on the person challenging the presumption.
determined?
No
Existence of the father's name on the birth certificate does not necessarily
indicate that paternity has been established. Prior to July 1, 1997, the
father's name could be placed on the birth certificate by the mother, with no
determination of paternity. Effective July 1, 1997, the father's name may not be
entered on the birth certificate of a child born out of wedlock, unless he
executes an affidavit acknowledging paternity, or upon adjudication of paternity
by a court of law.
No
No
N/A
Yes
Yes. Certified copies of birth certificates may be obtained from the Office of
Vital Statistics (OVS) for $19.00. Fees are required for searches based on the
number of calendar years that must be searched. Waiver of fee is at discretion
of the OVS.
Yes
Common-law marriages were abolished by statute as of January 1, 1968. However,
the statute affects only those relationships entered into after January 1, 1968
and does not render void common-law marriages in existence on that date.
1/1/1968
Florida court decisions are in conflict on the standard.
Depositions to preserve testimony; prearranged teleconferencing is used upon
judicial request; interrogatories, and affidavits.
provisions.
Section 48.193, Florida Statutes, for children conceived on or after October 1,
1988. Chapter 88, Florida Statutes (UIFSA) for children conceived on or after
July 1, 1997.
Yes
Upon request by the other state.
child?

support obligation?
Both.
If paternity has been established, or is presumed by law and there is no
existing support order (including those orders that reserve jurisdiction on
support, orders that establish a zero support amount, or medical support only
orders).
Foster care cases, change-of-payee cases, Medicaid-only cases where the
custodial parent or caretaker relative does not want the Department of Revenue
to address child support issues, judicial referrals already in progress, and
cases previously dismissed (except for lack of service or record activity).
Additionally, if the cases do not meet the criteria for the administrative
establishment of support as listed in question I1.1, or if the noncustodial
parent makes a timely request for a judicial determination of support.
Sections 409.2563 and 120.80(14)(c), Florida Statutes (2002).
The other parent's income is also considered. In limited circumstances, the
income of the child(ren) or new spouse may be considered.
The trier of fact must make written findings explaining why ordering the
guideline amount would be unjust or inappropriate.
Yes
In an initial determination of child support, retroactive support can be
established back to the date the parents did not reside together in the same
household with the child, not to exceed 24 months preceding the filing of the
petition, even if date of separation precedes the petition.
Evidence relevant to proving the criteria listed in I4.1
Yes
See I4.1
subpoena?
expended?
both?
Florida has no state income tax.
Both
Real Property - any delinquency; Personal Property - $600 Arrearage
Real Property - Clerks of Court; Personal Property - Department of Highway and
Safety Motor Vehicles
Yes
Real Property-None. Out of State - $6+4.50/ pg; Personal Property -$7 Motor
Vehicles/ Vessels, $1.50
Yes
both?
Personal Property- Judicial.
Administrative
No
Yes
State
be sent?
$600 minimum delinquency. Four month delinquency. Trust accounts, recipients of
SSI and state or federal welfare are exempted.
60 days. If levy is contested, the freeze period is extended indefinitely until
the contest is resolved by a final order, and during the 30 day appeal period
that follows.
action?
action?

both?
Both
None
21 days from receipt of notice. Obligor may request judicial or administrative
hearing, but not both. Non-debtor has same appeal rights as obligor.
Centralized but not automated.
IV-D agency cannot seize prior to 31st day after obligor notified unless obligor
consents in writing. Deposits into an account during the freeze period are
frozen. Funds proven to belong exclusively to a non-debtor are exempt from levy.
period?

Yes
Unemployment compensation may be withheld if provided for in the support order,
automatic lottery intercept for winnings of $600 or higher, unclaimed property,
and state retirement benefits may also be withheld. Administrative, unless the
obligor petitions the court for relief.
may have.
Judgment by operation of law (clerk of court)
have.
Contempt of court; vessel registration/recreational/business/professional
license suspension; criminal non-support referrals to the States Attorney s
Office for prosecution; order of commitment or writ of bodily attachment; and
remedies as available for above enforcement actions.
None at this time.
registration?
Income deduction.
Order is registered upon filing with clerk of court of the transmittal, two
copies of the order to be registered (of which one is certified) including any
modifications; a certified statement of arrearage by the petitioner or custodian
of records; and a statement of registration. After registration, administrative
enforcement activities initiated. If unsuccessful, judicial proceedings started.
If administrative enforcement activities are unsuccessful, judicial
enforcement/contempt may proceed.
(UEFJA)?
Yes
Section 55.501, Fla. Stat.
information?
state, or both?
every three years)?
Non-public assistance cases reviewed upon request of either parent; for public
assistance cases, Title IV-E, non-public assistance Medicaid cases, parties are
notified of their right to request a review every three years.
Non-public assistance cases reviewed upon request of either parent; public
assistance cases, Title IV-E, non-public assistance Medicaid cases reviewed
every 3 years.
Upon request of either parent, the department will review support award amounts
and/or medical support provisions of the order. For reviews conducted within
three years of the most recent order, a substantial change in circumstances must
be shown to warrant modification. Change of circumstances in these cases can be
established if a review indicates that the support order is inconsistent with
current guidelines in an amount more than 15% or $50.00 of the original support
award, whichever is greater. For reviews conducted three years or longer after
the most recent order: The review indicates that the support order is
inconsistent with current guidelines in an amount more than 10% or $25.00 of the
original support award, whichever is greater. An administrative support order
may be modified prospectively using the administrative process. The department
follows similar procedures as when establishing an administrative support order
but subject to the same requirements for modifying a judicial order.
order)?
When support order is less than three years old, a substantial change of
circumstance (15% or $50.00 deviation, whichever is greater, from present
order). When support order is three years old or older (10% or $25.00 deviation,
whichever is greater, from present order).
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Any other facts showing a substantial change in the child s need or a parent s
ability to pay.
No
N/A


reported?

payment?

cover the lump sum?
payment?
Georgia
combination)?
State Administered/State Operated, with some County Operated
74 local child support offices.
9 County offices administered by the county District Attorney.
No.
No.
Act (UIFSA)?
7/1/1997
1/1/1998
O.C.G.A. 19-11-100 through 19-11-180
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/19/11/100
version)?
1996 version

Not applicable.
C. Reciprocity
Alberta,Australia, Canadian Provinces,(British Columbia, Manitoba, Alberta, Nova
Scotia, Ontario, Saskatchewan), Czech Republic, Germany, Hungary, Ireland,
Netherlands,New Brunswick,Costa Rica Newfoundland/Labrador,Northwest
Territories, Norway, Nunavit,Poland, Portugal, Sweden, Saskatchewan, Slovak
Republic,Switzerland and United kingdom.
No
services.

Age 18: Support order entered after 7/1/92 may provide for the extension of
child support to age 20, if the child is still in high school.
O.C.G.A. 39-1-1
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=39-1-1&Code_Number_Submi
t=Begin+Search
Age 18 unless specified otherwise.
Yes
Refer to D1
emancipate?
No
The answer to D5 generally relates to a child who marries, enters the military
and other similar actions. The court makes this determination for issues other
than those mentioned.
Yes
If specified in an order. Orders issued by OCSS state that support may continue
to age 20 if the child is enrolled in secondary school (high school). Other
examples in private orders might include extraordinary medical needs,
handicapped, etc.
No
Some GA OCSS orders have language that reduces support as each child
emancipates, but only those orders issued after 2005.
support?
None for child support or spousal support pursuant to O.C.G.A. 9-12-60(d) for
orders issued on or after July 1, 1997.
Paternity must be established before the child's 18th birthday.
Yes
possible.
A judgment becomes dormant after 7 years in GA - and can be "revived" for 3 more
years.
F. Support Details
Guidelines effective January 1, 2007 follow a shared income model under Georgia
code section O.C.G.A. 19-6-15. Orders prior to that date were based on a percent
of the non-custodial parent's gross income.
Yes
conditions.
Georgia orders issued prior to and through 12/31/2006 accrued interest at the
rate of 12 percent per year and commenced 30 days from the day the payment is
due. Effective January 1, 2007, the interest rate was lowered to 7 percent per
year.
No
conditions.

Yes
conditions.
12% per year through December 31, 2006. 7% per year effective January 1, 2007.
The lower interest rate change was not retroactive.
medical bill?
No
We will not attempt to enforce a medical support debt unless previously reduced
to a dollar amount in a judgement.
Yes
On September 1, 2004, GA OCSS began charging a $100.00 "non-refundable"
Modification Review application fee to the requesting party. In interstate
cases, this fee will be charged after the review is complete, regardless of the
final result. The fee applies to any Non-TANF applicant that makes a written
request and applies to each child support case reviewed. Exceptions: Fees will
not be charged to applicants who themselves receive TANF and/or Medicaid
benefits, to any applicant who lives in another state and has a IVD case in that
state or to any applicant with a gross income of $1,000.00 or less per month.
Georgia deducts a $15.00 administrative processing fee against the federal tax
intercept collection received by the state.
No
If the interstate request asks for fees, the parent may be notified when the
initiating state asks for them to be collected. That way if the other state's
arrears balance differs, it may be the cause and the parent will be advised of
such.
O.C.G.A. 19-7-41 and 19-11-110
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=19-7-41&Code_Number_Subm
it=Begin+Search
Yes
We enforce spousal support only when the custodian's child is simultaneously
receiving child support services. When the child emancipates, we no longer
enforce spousal support.
No
This may vary from one circuit to the next. If required, a request will be sent
to the other state initiating the UIFSA action.
withholding)?
Income Deduction Order (IDO). O.C.G.A. 19-6-30 & O.C.G.A. 19-6-32
TANF, SSI, VA Disability
it=Begin+Search
No
payments?
One time set-up of $25; $3 for each subsequent deduction.
No later than the 1st pay period that occurs after 14 days following the date
the Notice was mailed.
employee's pay?
Within 2 working days of each payment date.
Georgia law provides that if the employer willfully fails to deduct, they are
liable for the amount that they should have deducted plus any court costs,
interest, and attorney fees.
No penalty imposed by the IV-D agency. The court may impose costs, interest and
reasonable attorney's fees. For additional information, refer to Georgia Law,
O.C.G.A. §19-6-33.
Yes
lines.
Income withholding of UI benefits must be requested through an interstate action
under UIFSA through the Georgia Central Registry. Any direct requests bypassing
a two-state case will require a $52 processing fee to be paid to: Georgia
Department of Labor, attn: Gwendolyn Spikes; 148 Andrew Young International Blvd
N.E.; Atlanta GA 30303-1757
Yes
State lines.
Income Withholding for "periodic payments." Lump sum payments are subject to the
lien and levy process.
Obligor may request an administrative or judicial hearing at any time. Such
requests do not halt enforcement actions.
Employers should deduct payments for all orders prorating total deduction
amounts across all orders up to the federal Consumer Credit Protection Act
limits.
assistance?
Yes
proceed.
The state office Legal Services Officer or the Policy and Research Unit (PRU)
can provide assistance. Advice provided by PRU should not be considered legal
advice, only guidance.
it=Begin+Search
No.
termination?
Upon termination.
rehired?
There is not time limit under Georgia law.
Not as of February 2007.
Yes. We offer credit card payments via the portal plus our Family Support
Registry through SMI has e-commerce on their website.
Employers and Worker's Compensation Board only.
Current child support is paid first, then medical support up the the federal
CCPA limits.
H. Paternity
No
97% or higher.
Georgia law, O.C.G.A. 19-7-46.1 states that a voluntary paternity
acknowledgement becomes a legal determination of paternity after 60 days if no
party rescinds it. But, it should be noted that Voluntary Acknowledgements of
Paternity made and filed in the Putative Father Registry under O.C.G.A.19-7-46.1
do not "conclude" the paternity issue. Paternity may still under various
circumstances be challenged in a subsequent legal proceeding. These cases are
handled by our legal representatives on a case-by-case basis.
07/01/1997
No

Yes
By clear and convincing contrary evidence provided by the husband.
determined?
No
As of July 1, 1997, the father's name cannot be entered on the birth certificate
unless both mother and father sign a voluntary Paternity Acknowledgement form.
When the signed acknowledgement is registered in the Putative Father Registry it
constitutes a legal determination of paternity, with a right to rescind. It
should be noted that this may be challenged in a subsequent legal proceeding.
Yes
A presumption exists if the putative father signed the Paternity Acknowledgement
and his name is on the birth certificate.
Yes
The Georgia Department of Human Resources, Div. of Public Health, Bureau of
Vital Records.
Yes
Vital Records charges $10 for a copy of a birth certificate. Only waiver is for
GA OCSS attorneys when one is needed for a court hearing.
No
Common Law marriage has not been recognized since January 1997.
1/1/1997
1. Parties were able to contract marriage; 2. There was an actual contract; 3.
Must have been consummated according to law. Codified in 1983
Paternity testimony or UIFSA general testimony or written, sworn, and notarized
testimony.
provisions.
O.C.G.A. 19-7-41 and 19-11-110
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=19-7-41
Yes
If requested in UIFSA PETITIONS
Paternity Acknowledgement form. Refer to H.6.1
7/1/1992
child?
One set of documents with an Paternity Affidavit for each child.
support obligation?
Both
In those circuits where court time is limited, the administrative process is
used.
Each circuit determines the best course of action to take.
O.C.G.A. 50-13-40 and the Office of State Administrative Hearings Rules, Chapter
616
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=50-13-40
Custodial Parent
By a finding that: 1. shows the guidelines in a particular case are unjust or
inappropriate; 2. states the amount that would have been required by the
guidelines; 3. justifies why the order varies from the guidelines.
No

1. HIPAA Authorization for Disclosure of Protected Health Information available
through our OCSE web site. 2. Typically receipts for services, but this varies
widely by circuit judges.
No
Georgia's guidelines for establishing support pursuant to O.C.G.A.19-6-15 do not
provide for support for prior periods.
Paternity and support order establishment. Modification of underlying
administrative orders only. Various enforcement tools including but not limited
to Income Withholding, license suspension, liens, etc. Orders, Unemployment
Compensation Intercept, Withhold and Deliver, FIDM and Workers Compensation
liens, federal and state tax offset, lottery.
Office of State Administrative Hearings Rules 616-1-2
subpoena?
Yes, for in-state cases only.
Not when receiving TANF or Medicaid benefits.
expended?
In non-TANF cases, legal guardianship or custody is required.
Yes. If a case remains active, OCSS will continue enforcing the order for the
custodian in the order.
both?
Administrative. Effective September 1, 2004 Georgia began deducting an
administrative processing fee of $12.00 from any state tax intercept received by
the state. These fees are over and above the support owed and paid for out of
the tax refund.
Both
Arrearage equal to 1 month support payment
In the county of the real or personal property at the County Recording Office
No

Yes
both?
Both.
Administrative
When case is established and when case becomes delinquent
No
Yes
The IV-D Agency
be sent?
Simultaneously, with lien sent to financial institution
No minimum delinquency amount. One month delinquency, exemptions at discretion
of case manager.
Yes.
15 to 20 days after freeze and seize.
No

No
Not by statute.
action?
Ten days in writing.
action?
Ten more days, after which the local office must petition for a court hearing
within 30 days of the NCP's written hearing request.
Mistake of identity or seized amount only.
both?
Both
Reimbursement of fees assessed by financial institution.
Ten days from receipt of notice. No unique requirements. Non-debtor has same
appeal rights as obligor.
Not centralized. Forms are automated after manually selected by case manager.
Judicial appeal must be filed in GA county of underlying order.
No
No minimum amount by statute, however policy is to exclude checking account
balances under $2,000.
No
In limited ERISA type accounts an account can be liquidated if a Qualified
Domestic Relations Order is sent to the plan adminstrator.
period?
Yes.
Twenty days.

Yes
Both.
may have.
Administrative: Lottery Intercept Procedure 712
have.
Contempt
Request enforcement under Full Faith and Credit. Georgia will register the order
for enforcement: Procedure 910
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=19-11-9.3
registration?
State tax refund, wage withholding, license revocation, administrative liens,
financial institution data match (FIDM).
It is Georgia's option to enforce by administrative remedies without
registration or to register the order and seek judicial enforcement. For
registration: 1. order(s) are filed with the Clerk of Court. 2. Notice is
provided to the non-registering party along with a copy of order(s) registered.
3. Confirmation of the registered order occurs by operation of law where there
is no hearing request or by judicial order if contesting party does not
establish a valid defense. 4. A contempt action may be filed, generally as a
last resort, when all other enforcement actions have failed.
None
(UEFJA)?
Yes
O.C.G.A. 9-12-130 through 9-12-138
http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?number=19-11-9.3
Yes, if sent through the Georgia Central Registry.
Yes
information?
Equifax, Experian, Innovis
state, or both?
Responding state
Balances over $3,000.00
every three years)?
Every three years. Parties must show a substantial change in circumstances for
more frequent reviews.
For TANF cases, upon the written request of either party or at the discretion of
the IV-D agency. For Non-TANF and Medicaid applicants, only upon the written
request of either party. IMPORTANT FEE NOTICE: See F6.1 regarding exclusions to
Georgia's non-refundable $100 Modification Review Application Fee.
Parties are provided notice of the review and requested to provide financial and
other information. Agency reviews information provided by parties and gathers
from other sources to determine gross income, number of children for whom
support is provided and any special circumstances that would require a deviation
from the guidelines. If the case does not meet the 15% and $25 minimum
requirement for an increase or decrease, agency issues a no change
Recommendation. The agency sends its' Recommendations for an increase or
decrease in the support amount to the Office of State Administrative Hearings
(OSAH) for administrative orders, or to the court for judicial orders. Parties
are notified and afforded rights to contest. For judicial orders, the court
issues an order for modification.
order)?
Both a 15% and a $25 minimum increase or decrease in the current support amount
for orders older than 36 months. For more frequent reviews, the requesting party
must show a substantial change in circumstances.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No
In addition, the change in circumstances is expected to last at least one year;
the change in circumstances was not voluntary; a disability must be medically
certified.
No
It would depend on the case status, but typically is applied towards arrears.
Contact the local office for futher information about a specific case.
No

Not applicable.
For Enforcement and Review and Modification cases, a HIPAA Authorization for
Disclosure of Protected Health Information may be needed. This form is available
through our OCSE web site. Contact the Georgia local office for further details.
Not applicable.
Not applicable.
No
No
No
reported?
Not by statute. However employers may be required to report and withhold lump
sum payments such as bonuses, commissions, or severance pay if that language is
included in the court order.
See L3.1
payment?
No
cover the lump sum?
Yes
payment?
Administrative lien/levy. Only on a case by case basis.
Court ordered lien (state legal FormCED)
No

100% or up to the balance owed.
Guam
combination)?
One office
Other government agencies, e.g., Revenue and Taxation, Department of
Administration; these agencies provide information (driver's license and tax
refund) and assistance (payroll checks, treasurer's signature on checks).
Act (UIFSA)?
12/11/1997
12/11/1997
5 Guam Code Annotated Chapter 34
version)?

None.
No
services.

18 years of age
19 Guam Cod Annotated Section 5102(c)
18 years of age
No
emancipate?
No
Yes
Agreement of the parents to extend the obligation beyond age 18; disability of a
child which prevents the child, soon to be a legal adult, from becoming
self-sufficient.
support?
Before December 11, 1997 there was a 1 year statute for non-TANF/AFDC cases and
a 3 year statute for TANF cases; after December 11, 1997, there is a six-year
statute of limitations with qualifications, we hope to present legislation this
year to clarify the statute of limitations.
There is no specific statute of limitations for the establishment of paternity.
possible.
Percentage of Combined Adjusted Gross Income.
conditions.

No
conditions.

Yes
conditions.
1% per month
medical bill?
Yes
If the order is clear (this is provided in our local orders) and if the judge
determines that there are no equitable bars to the recovery.
No
No
Rarely recover fees for other states.
The statute for long arm jurisdiction is being revised by the legislature.
Yes
If there is also an ongoing child support order
No
withholding)?
Wage assignment
An amount which exceeds 50% of the obligor's income or 60% if the obligor has
another spouse.
No
payments?
None.
First pay period after receipt of the order by the employer.
employee's pay?
Within 5 days of the payment to the employee
Court hearing on an order to show cause for failure to remit payments; sanctions
of treble damages are available.
Same as G7
No
lines.
No
State lines.

By requesting a hearing within 14 days of receipt of the notice of wage
assignment.
First come, first paid priority
assistance?
Yes
proceed.
termination?
rehired?
Yes
If the parties agree to the administrative hearing office hearing visitation
issues, otherwise custody and visitation will be addressed only by a Superior
Court judge.
95%
12/11/1997
Yes

Yes
By requesting a genetic test and getting an exclusion on the test results.
determined?
No
If the parties were married and living together at the time of conception then
the presumption from #4 above is operative. Otherwise, there is no presumption
that prevents a party from requesting a genetic tests even if his name is on the
birth certificate.
No

No
Yes
The fee is $5.00 and cannot be waived.
No
Written, videotaped and teleconference evidence have been accepted.
provisions.
Currently under discussion and hearing with the legislature.
Yes
child?

support obligation?
Both
When the CSEO is establishing, the action is filed with the administrative
hearing office; that office will hear all child support matters.
Parties raise issues which fall outside the administrative hearing officers
jurisdiction.
19 Guam Code Annotated chapter 5A, Sections 5501 et seq.
The custodial parent's or guardian's income.
It is an equitable, discretionary matter which is rarely done.
Yes
Since December 11, 1997, support can be established back to the date of birth of
the child and the obligor can be obligated to reimburse for the costs of birth
of the child.
Referral from our IV-A agency or an application for services from the
custodial/supporting parent/person.
Yes
If the child for when the support is being established is more than six years
old, then the order will only go back six years from the date of filing of the
complaint for establishment of support.
subpoena?
expended?
both?
Administrative
Arrearage equal to 6 times monthly support obligation and obligor is delinquent
in court established plan to repay.
RP - Guam Dept of Land Management PP - Guam Dept of Revenue and Taxation
No

Yes
both?
be sent?
Information not availabe at this time
action?
action?

both?
Information not avaailable at this time
period?

Yes
The only state funds are income tax refunds.
may have.
Job search orders, punitive sanctions (fine and/or jail) for failing to obey
court orders.
have.

Send the information to this office and we will register it.
registration?
Wage assignment
Send 3 certified copies of the request and any orders already established and we
will register and enforce.
Notice of court hearings to the obligor if the obligor has objected to
enforcement proceedings.
(UEFJA)?
information?
state, or both?
every three years)?
Every three years.
Automatically in TANF cases and upon request of either party in non-TANF cases.
We request current wage and health insurance information from employers, prepare
and file a notice and motion for modification if the monthly child support would
increase or decrease by more than 10% of the current amount.
order)?
10%
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
Extraordinary medical expenses and child care expenses are part of the
worksheet. Visitation expenses demonstrates a change in circumstances.
Yes
Reflected in the guidelines that are reviewed every two years.

reported?
payment?

cover the lump sum?
payment?
Hawaii
combination)?
Four offices
County attorneys offices to provide paternity and some interstate processing.
Act (UIFSA)?
6/21/1997
7/1/1997
Hawaii Revised Statutes Section 576B.
version)?

Australia, Germany and Great Britain.
No
services.

Eighteen.
Hawaii Revised Statutes Section 577-1.
If not addressed in the order, child support is not automatically terminated. An
order terminating child support is entered if the child is not entitled to
continue to receive child support.
No
emancipate?
Yes
It depends on the reason for the child leaving the household.
Yes
If the child is disabled or attending college on a full time basis.
support?
The 33rd birthday of the child or 10-years after the judgement was entered,
whichever is later.
Within 3-years after the child reaches the age of majority.
possible.
Melson Formula.
No
conditions.

No
conditions.

No
conditions.
medical bill?
No
No
Yes
If specifically requested by the initiating State.
Hawaii Revised Statutes Section 576B-201.
Yes
Spousal support orders can be enforced when done in conjunction with the
enforcement of child support.
No
withholding)?
Income withholding (old orders use the term wage assignment or income
assignment).
Income that federal law precludes the withholding.
No
payments?
$2.00 for each payment.
The first pay period commencing within 7 business days following the receipt of
the order for income withholding.
employee's pay?
Within 5 working days after the obligor is paid.
If the employer is doing business in this state, the matter is referred for
contempt proceedings to be initiated. If the employer is not doing business in
this state, UIFSA (two-state) action is initiated.
The employer is liable for the full amount of all sums ordered to be withheld,
as well as any other penalties that the judge may order in a contempt
proceeding.
No
lines.
All withholding of unemployment benefits is done by the Child Support
Enforcement Agency.
Yes
State lines.
However, worker's compensation benefits are handled by the individual insurance
carriers and there is no single location where the orders can be sent.
Upon receiving notice of the income withholding, the obligor can make a written
request for an administrative hearing to contest the withholding.
If the amounts to be withheld for concurrent income withholding orders exceed
wage withholding limits, the amount withheld is allocated so that in no case
will the allocation result in a withholding for one of the support obligations
not being implemented. The allocation may be based on the proportionate share of
the amount of the withholding orders that were served on the employer of the
obligor.
assistance?
Yes
proceed.
The employer must immediately inform the agency that submitted the income
withholding order of any change that would affect the income withholding order
or the disbursement of the amounts required to be withheld. Hawaii Revised
Statutes Section 576B-503 and Section 576E-16(b).
termination?
rehired?
Yes
It depends on the court and if those issues are not contested.
There is no percentage of paternity that creates a rebuttable presumption.
However, if genetic test results do not exclude the possibility of paternity and
there is a minimum combined paternity index of five hundred to one, a rebuttable
presumption is created.
7/21/1997
Yes
Yes
By showing of clear and convincing evidence which indicates that the obligor is
not the natural father of the subject.
determined?
Yes
If the child is born after 07/01/1999. If the child is born prior to 07/01/1999,
only a rebuttable presumption is created.
Yes
If the child is born within three hundred days after the marriage is terminated;
after the child's birth, the parties have married and the father has
acknowledged paternity or with his consent, he is named as the father on the
birth certificate; while the child is a minor, the father receives the child
into his home and openly holds himself out to be the natural father.
No
Yes
If the information is requested by this office.
No
Depends on the discretion of the court. Depositions or telephone conference may
be allowed.
provisions.
Hawaii Revised Statutes Section 584-8.
Yes
Will recover when specifically requested.
child?

support obligation?
Both.
Support is established through administrative process unless the case is a
complex case that requires judicial action for IV-D cases, excluding paternity
cases.
For paternity cases and Non IV-D cases, support is established through the
judicial process.
Hawaii Revised Statutes ? 576E.
The custodial parent's income is considered. The child's income may be
considered if the child is over 18 years of age or if there is an exceptional
circumstance which warrants the consideration of such income.
The party attempting to rebut the presumption must show that exceptional
circumstances exist to warrant a deviation from the guidelines. Examples are
extraordinary medical needs of the child or parent, other child support
obligations, child support obligation that is greater than 70% of the parent's
guidelines calculated net income.
Yes
Only allowed as part of a paternity proceeding or in cases where public
assistance has been paid for the benefit of the subject child. In paternity
cases, support can be ordered back to the birth of the child although the court
may limit the liability to that which it determines to be just. For public
assistance cases, support would be ordered for the period that financial
assistance was paid out.
For paternity cases, any documentation which reflects what reasonable expenses
were incurred for the benefit of the child. For public assistance cases, a
month-by-month listing of the amount of the financial assistance provided for
the benefit of the child.
Yes
Only for public assistance cases where the amount would be owed to the state.
Also, may be done for cases where paternity is at issue and the child is still a
minor. In this situation, it would be at the discretion of the court.
subpoena?
expended?
both?
Administrative procedures.
Both
Any arrearage
Central State Filing Location: Bureau of Conveyances
Yes
$25 for private and out of state requests
Yes
both?
Judicial procedures.
Notice of levy is administrative, enforcement and seiure are judicial
When case is established
No
No
be sent?
N/A
$5,000 minimum delinquency. No specified number of months delinquent.
None. Acount is frozen pending further court order.
action?
action?

both?
Administrative prior to notice of levy being issued. Judicial upon actual
seizure.
None
As enforcement is done judicially, the obligor's recourse is through the family
court system. Also, the non-debtor may seek relief through the family court
system.
Not centralized. Not automated.
No
period?

Yes
Unemployment compensation. Administrative and judicial procedures. Worker's
compensation, if identified. Judicial procedures.
may have.
have.
Garnishment, statutory liens.

registration?
None.
The out-of-state order is filed with the Family Court. Notice is given to the
non-registering party of the filing and of the fact that the person has twenty
(20) days to request a hearing. If no request for hearing is received or if a
hearing is held and the registered order is confirmed, enforcement is done in
the same manner as if the order was issued in this state.
No additional judicial procedures are necessary to enforce the registered order.
(UEFJA)?
Yes
Hawaii Revised Statutes Section 636C
information?
state, or both?
every three years)?
Reviews are only conducted upon receipt of a request.
Both CP and NCP can request a review in TANF and non-TANF cases.
When a request is received with complete information, a notice of review is sent
to both parties. After 30 days, a proposed administrative order is generated if
there is a change in the amount of support to be paid, or a notice of no change
is generated. The proposed administrative order or the notice of no change is
served upon both parties. The parties are given 30 days to request a hearing. If
no request for hearing is received, the order is filed with the court and
enforcement action takes place. If a hearing is requested, one is scheduled and
appropriate action is taken after the issue of the modification is decided.
order)?
10%.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
The need for health insurance coverage, adoption of modifications to the child
support guidelines, a 10% change in the support amount.
No


reported?
payment?

cover the lump sum?
payment?
Iowa
combination)?
Central Administrative Office in Des Moines; nineteen state supervised field
offices; one centrally located foster care recovery unit; one centrally-located
specialized customer service unit; and one centrally-located employer customer
service unit.
County, Iowa State University and private vendor contract staff who work in the
customer service unit. Also, other state agencies such as the judicial branch,
Department of Public Health, and workforce development.
Yes
Iowa Code 252B.7
No
B. UIFSA
Act (UIFSA)?
5/21/1997
1/1/1998
Iowa Code chapter 252K
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=
IowaCode
version)?
1996 version

Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario,
Saskatchewan, Yukon Territories), Australia, Czech Republic, France, Germany,
Ireland, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden,
Switzerland, United Kingdom (England, Northern Ireland, Scotland, Wales)
No
No
services.
Age 18.
Iowa Code section 599.1
IowaCode
Law prior to 7/1/97: 18, or as ordered by the court. Law after 7/1/97: 18, or up
to age 19 if completing high school or general education equivalency
requirements full time and child is reasonably expected to graduate by age 19.
Yes
See D3 above
emancipate?
No
Yes
For a child of any age who is dependent on the parents because of physical or
mental disability.
Yes
Orders established by the Unit contain automatical adjustments to lower support
amounts based on the support guidelines. The Unit may also modify adjustments
previously set during a modification action. Private bar orders may or may not
include adjustments for support based on each child reaching the duration limits
set within an order. The Unit may adjust or add reductions in support to private
orders if the Unit modifies or adjusts orders through proper administrative
actions.
support?
No statute of limitations after 7/1/97. Prior to 7/1/97: 20 years from date of
each child support installment.
Child's 19th birthday (age of majority plus 1 year).
Yes
possible.
Laches and estoppel defenses possible. New statute-probably no revival. Statute
does not resurrect payments barred by statute of limitations in force prior to
7/1/97.
F. Support Details
Shared income model variation: noncustodial parent's net monthly income in
comparison to custodial parent's net monthly income.
No
conditions.
General interest charge on late payments in law but no commonly applied to child
support. 10% interest not commonly enforced
Yes
conditions.
Only if reduced to or included in judgment. State allows 10% interest but does
not require Child Support Recovery Unit to collect - not commonly enforced.
Yes
conditions.
Only if reduced to a judgment. State allows 10% interest but does not require
Child Support Recovery Unit agency to collect - not commonly enforced.
medical bill?
Yes
If reduced to a dollar amount.
No
N/A
N/A
Yes
For genetic tests in contested paternity case
Iowa Code section 252K.201.
IowaCode
Yes
Establish-No. Enforce-Yes, if assigned; otherwise only in combination with a
child support obligation. Modify-No.
No
withholding)?
Income Withholding.
Those from federally exempt sources.
IowaCode
Yes
50% of the obligor's disposable income unless there is more than one support
order for which the obligor is obligated and the criteria of 15 U.S.C. § 1673(b)
are met, or the obligor agrees to a greater amount within these limits.
payments?
$ 2.00 per withholding (at employer's option).
Within 10 days of receipt of the income withholding order or notice.
employee's pay?
Within 7 business days of withholding.
Simple misdemeanor for first offense, and serious misdemeanor for subsequent
offenses, for failing to withhold or remit withheld amounts; is liable for the
accumulated amount which should have been withheld, together with costs,
interest, and reasonable attorney fees.
See G7.
No
lines.
Yes
State lines.
Contact payor of benefits.
An informal conference can be requested with the Child Support Recovery Unit.
Obligor also has the right to file a Motion to Quash in district court.
According to 252D.18A of the Code of Iowa, the following laws apply: * The total
of all amounts withheld shall not exceed the amounts specified in 15 U.S.C. §
1673(b). * Priority shall be given to the withholding of current support rather
than delinquent support. The payor shall not allocate amounts withheld in a
manner which results in the failure to withhold an amount for one or more of the
current support obligations. When collections are recieved, they are prorated
among all cases for that obligor.
assistance?
Yes
proceed.
See G12, if assistance is not available.
IowaCode
Yes, Iowa follows the Federal Consumer Credit Protection Action (15 U.S.C., §
1672 (b)). Withholdings required by law include State and Federal taxes, Social
Security taxes; Medicare taxes, and state and local government employees'
retirement system (IPERS).
termination?
rehired?
No
Yes, through Web site at www.iowachildsupport.gov
State law does not specify.
H. Paternity
No
95%
7/1993
No
An affidavit form was an acknowledgment or admission of paternity by the
putative father. It was a valuable piece of information, but it did not
establish paternity by itself.
Yes
It can be challenged in court.
determined?
No
Paternity is not established by a name on the birth certificate.
Yes
Paternity is established by court order, by a statement in court by both
parents, by a foreign jurisdiction per that jurisdiction's law, or by having the
father and mother complete an affidavit of paternity, filed with the state vital
records department.
Yes
Declaration of Paternity Registry
Yes
Fees are not waived, however, for a copy of a paternity affidavit for IV-D use
only, contact Iowa's IV-D agency.
Yes
Common law marriage is not recognized for paternity establishment. In all other
actions, we require intent and agreement to be married, continuous cohabitation,
public declaration of parties.
07/01/1967
N/A
Iowa statute permits proceedings to be stayed and allows petitions and
opportunity to present further evidence; physical presence of petitioner is not
required but in some rare or extraordinary cases appearance and testimony of
custodial parent is best method of proving paternity in contested case.
Acceptable methods include those allowed in UIFSA.
provisions.
Iowa Code section 252K.201.
IowaCode
Yes
Iowa recovers the cost of genetic testing when the alleged father requested the
genetic testing after he is found to be the father.
If the mother was not married at the time of the child's conception or birth or
anytime between conception and birth, a court order or a paternity affidavit is
required to add the father's name to the birth certificate.
child?
Iowa allows one set of documents for all the children involved.
support obligation?
Administrative in most cases (the administrative process is actually
quasi-judicial since a judge must sign an approval order approving the
administrative order).
Most actions are administrative.
Judicial might be used if the noncustodial parent is a minor or imprisoned.
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity
Establishment-Iowa Code Chapter 252F.
IowaCode
Custodial Parent For Additional Information see
https://childsupport.dhs.state.ia.us/guidelines.asp
Substantial injustice to the non-custodial parent, custodial parent, or child;
adjustments are necessary to provide for the needs of the child and to do
justice between the parties under the special circumstances of the case.
Yes
Up to three years during which AFDC or TANF has been expended. Arrearages are
not sought for non-public assistance cases. Based on current net income and
child support guidelines.
Financial information about both parties.
Yes
Will not limit support to retroactive support if current support should also be
sought.
We use the administrative processes in establishment, modification, and some of
our enforcement actions.
Administrative establishment-Iowa Code Chapter 252C. Administrative Paternity
Establishment-Iowa Code Chapter 252F.
IowaCode
subpoena?
Title 441 Iowa Administrative Code 96.1(2)
No
expended?
No
No. Support must be assigned or redirected to the new custodial parent.
Modification
both?
Administrative.
Administrative.
Automatic judgment in County where support order is filed.
County.
Yes
Real Property -$10.00, Personal Property-None (Vehicles)
Yes
both?
Judicial.
Administrative.
No advance notice required.
No
Yes
State.
be sent?
Notify obligor 2 business days after notifying financial institution to freeze
assets.
One month delinquency.
An amount equal to the ordered support payable for one month.
Yes
One month.
Yes
Up to 50%.
No
Yes. $100
State.
action?
10 business days from date of Freeze and Seize notice to contact the Child
Support Recovery Unit.
action?
10 business days from date of decision of administrative challenge to contact
Child Support Recovery Unit to request a district court hearing.
A mistake of fact, including but not limited to, a mistake in identity of the
obligor or a mistake in the amount of delinquent support due.
both?
First review is administrative; second review is judicial.
No penalties for financial institutions. The child support agency may pay fees
assessed by financial institution if challenge results in mistake of fact.
Judicial.
10 business days from date on Freeze and Seize notice to request administrative
review. 10 business days from date of decision to request district court
hearing. No unique requirements. Non-debtor has same appeal rights as obligor.
Centralized and automated.
Financial institution may assess the obligor a $10 levy-processing fee.
Yes
The child support agency works with the financial institution on a case-by-case
basis.
period?
Yes, the financial institution.
No sooner than 15 calendar days and no later than 20 calendar days from the
receipt of the Freeze and Seize notice.
Yes
Administrative.
may have.
Seek employment.
have.
Garnishment, contempt of court, attachment of property.
Use federal interstate lien form, mail to Clerk of Court in the county where the
property is located.
IowaCode
registration?
Any administrative process.
Upon registration, a foreign support order is treated in the same manner as any
Iowa-issued order, except it can only be modified if UIFSA conditions are met.
The respondent has 20 days after receiving notice of registration to petition
the court to vacate the registration or obtain other relief. If no contest,
registration complete by operation of law.
Contempt, garnishment, seizure and sale, or bond action, etc., may be initiated
(UEFJA)?
Yes
Iowa Code chapter 626A.
IowaCode
No.
Transmittal # 1
Yes
information?
CSC/Equifax, Innovis
Administrative
state, or both?
Both
IV-D delinquency of $1,000 or greater.
every three years)?
Every two years upon request.
On request of custodial parent, non-custodial parent, or 3rd party (e.g.,
caretaker case).
Administrative procedure notifies party of forthcoming process, asks for
financial information from both parents, complete guidelines calculation, adjust
if it meets substantial change requirements. Opportunity for challenge and for
court hearing. Determination of controlling order within modification process if
multiple state orders.
order)?
2-year reviews-20% variation from guidelines support amount. Special
circumstances-less than two years if proof of 50% change in one parent's net
income. In court process, 10% variation from the mandatory child support
guidelines represents a substantial change.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
A child may be added to the order, the original obligation was set at zero or
reserved, medical insurance provisions may be added, a minor obligor is out of
compliance with parenting class or educational requirements; cost of living in
special circumstance when both parties agree to a cost-of-living alteration.
Yes
Consumer Price Index for all urban consumers, U.S. city average. See K5.7
SSD lump sum payments can satisfy past due support. SSD payments to children can
satisfy child support dollar for dollar. The amount received by the children is
added to the obligor's income.
No
Modification: General Testimony, Uniform Support Petition, Transmittal # 1 and a
certified copy of the order and payment record. Enforcement: Certfied court
orders, and payment record, and transmittal # 1. If the court order needs to be
registered - A registration statement for each court order. Establishment:
General Testimony, Uniform Support Petition, and Transmittal # 1. If paternity
needs establishment an Affidavit in Support of Paternity is needed.
Mail requests for copies of birth certificates on your state letterhead to the
Iowa Bureau of Health Statistics, Lucas State Office Building, 321 E. 12th St,
Des Moines, IA 50319. Include the child's information and a $15 payment with
your request. Iowa Bureau of Health Statistics can only provide a copy of a
paternity affidavit to another state's IV-D agency by court order. Iowa's Bureau
of Health Statistics provides copies of paternity affidavit to one of the
parent's name on the paternity affidavit with a $15 payment. For a copy of a
paternity affidavit for IV-D use only, contact Iowa's IV-D agency.
Certified copies of the order and payment record and a registration statement
for each order.
Yes
Sole payment or payments occurring at two-month or greater intervals.
Iowa Code section 252D.18C
IowaCode
No
reported?
payment?
Yes
cover the lump sum?
Using the federal Order/Notice to Withhold for Child Support. The Notice to
Withhold is sent specifically to cover lump sum.
No
payment?
Yes
50% of the obligor's disposable income unless there is more than one support
order for which the obligor is obligated and the criteria of 15 U.S.C. § 1673(b)
are met, or the obligor agrees to a greater amount within these limits.
Idaho
combination)?
Central Registry and seven (7) regional offices.
Idaho Medicaid, IVA, IV-E Foster Care, Title XIX Foster Care.
Act (UIFSA)?
7/1/1994
7/1/1994
Idaho Code, Section 7-1001 through 7-1052.
http://www3.state.id.us/cgi-bin/newidst?sctid=070100001.K
version)?
1996
Effective date: 7/1/07

Australia Austria Bermuda Canada Czech Republic FIJI Finland France Germany
Hungary Ireland Mexico (Referrals/Payments thru Consulate of Utah or California)
New Zealand Norway Poland Republic of South Africa Slovak Republic Sweden United
Kingdom
No
Yes
services.
Nez Perce Indian Tribe.
D. Age of Majority
18 years of age
Idaho Code, Section 32-706
18 years of age
No
emancipate?
No
Yes
Until 19 years if still in high school.
No
Current support reduces only if the language in the order specifies that it
reduces when one of the children emancipates.
support?
Any enforcement action must be commenced prior to the youngest child's 23rd
birthday.
18 years
No
possible.
Shared Income Model
No
conditions.

No
conditions.
No
conditions.
medical bill?
No
Unless the CP obtains a medical judgement, then we will enforce that judgement.
Yes
CP: $210 Temporary Support Order $360 Support Order Established by stipulation
and/or acknowledgment. $475 Support Order Established, resulting from trial.
$360 Modification order by stipulation. $475 Modification order by trial. $210
Order to Show Cause $120 Order to Show Cause Review Hearing $240 Paternity
Complaint- alleged father excluded. $330 Fatherhood and/or support order,
entered by default. $360 Fatherhood and Support Establishment, by agreement
and/or acknowledgment prior to trial. $475 Fatherhood and Support Establishment,
resulting from a trial. $180 Actions involving our attorney in an existing court
case, in addition to any amount for establishing support orders and/or
fatherhood. $600 Appeals to local District Court. $90/hour for Legal services
not listed above. $25 for each Federal Tax Offset. $25 for each State Tax
Offset.
NCP: All legal fees as listed above.If legal fees recovered from both, the CP is
reimbursed. Only the CP is charged for FTO or STO.
Yes
Genetic Testing, Medical, in addition to attorney fees.
UIFSA and Idaho Code Section 7-1004
Yes
Only in conjunction with enforcement of current child support.
No
withholding)?
Income Withholding orders or Wage Withholding orders.
Unearned income: i.e. Social Security Supplement (SSI)
Yes
CCPA limits 50-65%. Idaho CSS policy limits withholding to 50% of disposable
income.
payments?
$5.00 per levy.
Implement immediately.
employee's pay?
Employer has seven (7) days from the date income was paid to remit the withheld
wages.
Case is submitted to the Idaho Attorney General's office.
Up to $300 per violation.
No
lines.
Send requests for attachment of unemployment benefits to Idaho Central
Registry.Include Name, DOB, SSN of each individual involved in the case. Also
include a copy of the support order and the arrears calculation.
No
State lines.
Send requests for attachment of worker's compensation benefits to Idaho Central
Registry.Include Name, DOB, SSN of each individual involved in the case. Also
include a copy of the support order and the arrears calculation.
Send a request, in writing, for Administrative Review to contest the income
withholding order to Central Office, Boise, ID.
Current Support is met first, arrears second. If both orders include current
support, distribution of monies is pro rated between the orders, based upon the
current support obligation amounts for each family. If both cases include
arrears, the distribution of arrears is pro rated between the cases, based on
the percentage of the total amount of arrears.
assistance?
Yes
proceed.
Yes, state and federal taxes.
termination?
rehired?
The IWO should be retained until a cancelation of the IWO is issued.
No.
Yes. Idaho employers and some financial institutions.
Child support has priority over medical support.
H. Paternity
No
98%
Conclusive after 90 days.
7/1/1996
Yes

Yes
Genetic Testing
determined?
No
Evidence only. In Idaho, punitive father must sign acknowledgment of paternity
or obtain an court order to have name placed on child's birth certificate.
No

Yes
Bureau of Vital Statistics & Health Policy
Yes
If the request is made through Idaho Child Support and Idaho Child Support is
currently involved in the casel.
No
Idaho will recognize a common law marriage valid under the law of the state
where the marriage occurred. Common law marriages can no longer be established
in Idaho.
1/1/1996
Common Law Marriage was recognized until 1/1/96. Prior to that date, if you were
holding yourself out as married, you were considered common law married.
Idaho courts allow a custodial parent and/or other witness to give written
testimony, video taped testimony, teleconferencing or personal appearance.
provisions.
UIFSA and Idaho Code Section 7-1004
Yes
As the responding state, Idaho will enforce all court ordered (child support)
judgments.
child?
One packet with a paternity affidavit for each child.
support obligation?
Judicial process. However, the parents may stipulate, saving attorney fees.

The NCP and the CP's income are considered when determining current support
obligation
The Idaho Rules of Civil procedure, Child Support Guidelines, require the court
to make a specific finding that application of the guidelines is inappropriate
in a particular case.
Yes
3 years retroactive from the filing date of the court action.
Specific time periods and grant amounts of cash assistance.
Yes
Yes. 3 years retroactive from the filing date of the court action.
Administrative processes are used for most enforcement actions i.e; License
Suspension, FIDM, Income Withholding.
subpoena?
No.
expended?
No.
No.
Modification if the order states that the support is reserved. Establishment if
support is not mentioned.
both?
Administrative.
Administrative.
$2,000 arrearage or 90 days past due
Secretary of State's Office. Requests for statewide liens must go through Idaho
Central Registry. Include:Name, DOB, SSN of each individual involved in the
case. Also include a copy of the support order and the arrears calculation.
No

Yes
both?
Administrative.
Administrative.
Simultaneously when the account is frozen.
Yes
Yes
State
be sent?
Simultaneously when the account is frozen.
$2,000 minimum delinquency or 90 days past due, whichever is less. Different
account types have different minimum balances needed before account qualifies
for seizure.
$2,000 minimum delinquency or 90 days past due, whichever is less.
No.
No

Yes
Yes. Joint accounts are retricted to 50%.
Yes. Checking accounts: $1000, Savings accounts:$500, IRA:$500, CD:$500, Money
Market accounts:$500.
State.
action?
Fourteen (14) days to request an administrative hearing.
action?
Thirty five (35) days to appeal with District Court.
The amount of the arrears; or The validity of the order; or The extent of the
obligor's interest in the asset; or The amount which qualifies as a homestead
exemption.
both?
Both
None
Judicial.
14 days from receipt of notice to request administrative hearing. 35 days to
appeal administrative hearing results.Recourse for non-debtor to be determined.
Centralized and somewhat automated.
Yes
Balance of debt must be at least $2000 in arrears or 90 days accrued support,
whichever is less. Accounts must meet minimum balance to qualify for seizure.
No
period?
Yes.
After 14 days the financial institution is notified to release the account or to
send the funds to the state. If the State does not notify the financial
institution after 76 days, the financial institution must release the account.

Yes
Administrative. Workers Comp, income tax, unemployment benefits, Idaho Lottery,
Idaho Employees Retirement Funds.
may have.
have.

Send Interstate request to: Idaho Central Registry P.O. Box 83720 Boise, ID
83720-0036
registration?
State Tax offset, Federal Tax offset, Wage Withholding, Unemployment benefits,
Worker's Comp, License Suspension, FIDM and Liens.
UIFSA, Idaho Code Section 7-1036. Certified copy of foreign order sent to Idaho
court. Court registers; notifies non custodial parent. NCP has the right to
request a hearing within 20 days of service.
(UEFJA)?
Yes
Idaho Code 10-1301 thru 10-1308
No. Some financial institutions will accept direct seizure and some will not. If
the financial institution does not accept direct, send to Idaho Central
Registry.
Transmittal #1, copy of order and arrears calculation.
information?
state, or both?
every three years)?
Every 3 years.
On request of NCP or CP. In TANF cases, automatically.
Administrative review; notice of intent to review, request for income
information, notice of findings, judicial proceedings to modify.
order)?
A substantial or material change in circumstances. Change in custody,
extraordinary medical expenses. Increase/decrease must be $50 or more per month.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No

Yes
Not automatic. Only when the order specifically states. CPI-West Urban Consumers
Credit current support accrual for the amount of the child's monthly dependant
benefit. Apply excess benefit amount towards arrears back to the date of
disability.
No
Enforcement: pay records or arrears calculations, orders. Establishment:
affidavits, expended grant amounts and time periods, documents to support
paternity establishment. Paternity: affidavits Modification: orders, pay records
or arrears calculations, registration statement, consent to modify.

Certified copy of order.
reported?
payment?

cover the lump sum?
payment?
Illinois
combination)?
State administered/State operated.
Seven Regional Offices and 100 counties participate in the child support
program.
Illinois Department of Revenue, Illinois Department of Children and Family
Services, Illinois Department of Employment Security, Illinois Department of
Professional Regulation, Illinois State Police, Illinois Office of the
Comptroller, IL state's Attorney, IL Circuit Clerks, IL Sheriffs, intra-agency
agreements, IL Attorney General
Yes
(305 ILCS 5/10-3.1)
No
Act (UIFSA)?
7/28/1998
7/28/1998
750 ILCS 22/100-22/910
For additional information: http://www.legis.state.il.us/
version)?
Both
07/01/2004
C. Reciprocity
Australia,Austria,Canada,Czech Republic,Germany,Hungary,Ireland,Mexico,
Netherlands,Norway,Poland,Portugal,Slovak Republic,Switzerland,United Kingdom,
Fiji,Finland,France,Germany,New Zealand,
No
services.

18
755 ILCS 5/11-1 and (750 ILCS 5/505)
Under Illinois law the duty to support ends at the age of 18 unless the order
provides otherwise.
No
emancipate?
No
305 ILCS 5/10-2
Yes
Education, disability, or by agreement of the primary parties or ordered by the
court. Illinois extends support to age 19 if in High School and documentation is
received.
support?
20 years old.
Generally, two years after the age of majority. However, the time during which
any party is not subject to service of process or is otherwise not subject to
the jurisdiction of the courts of this State shall toll the running of the
statute. C750 ILCS/45/8
No
possible.
Percentage income model
Yes
conditions.
A support obligation, or any portion of a support obligation, which becomes due
and remains unpaid for 30 days or more shall accrue interest at the rate of 9%
per annum.
Yes
conditions.
Statute permits 9% annually. See F2.1
Yes
conditions.
Statute permits 9% annually. See F2.1
medical bill?
No
Unless the amount is enrolled as a lump sum judgement that was accrued, the
service of an Income Withholding Notice with a Medical Support amount will be
afforded.
No

No standard recovery of fees from obligor. May be exception on case by case
basis.
No
750 ILCS 22/201
Yes
No establishment, will enforce when combined with child support and child lives
with spouse.
No
Maybe issue is deviation from the guildlines is requested.
withholding)?
Income withholding
Income excludes any amount required by law to be withheld, other than creditor
claims, including, but not limited to Federal, State and local taxes, Social
Security and other retirement and disability contributions, union dues, any
amounts exempted by the Federal Consumer Credit Protection Act, public
assistance payments, unemployment insurance benefits except as provided by law.
(750 ILCS 28/15 (d))
No
payments?
Up to $5.00 per month (fee deducted from employee's remaining pay, not from
withheld support).
Beginning no later than the next payment of income that occurs. (750 ILCS 28/35)
employee's pay?
Within 7 business days after the date the amount would have been paid or
credited to the obligor.
Upon finding on behalf of complaining party, a judgment may be entered for the
total amount the payor willfully failed to withhold. Employer subject to a
judgment for full amount that should have been withheld. (750 ILCS 28/35)
A payor who willfully, within 7 business days, fails to pay over withheld income
may be ordered to pay a penalty of $100 for each day after the 7 day period has
expired. (750 ILCS 28/35)
No
lines.
No
State lines.

File a petition with an Illinois tribunal.
1. Current support prorated among orders. 2. Past due support payments on
non-TANF cases/portion share basis 3. Past due support payments on TANF
cases/portion share basis.
assistance?
Yes
proceed.
termination?
rehired?
Employer - yes. Financial Institutions- only if it makes periodic payments of
income to obligor, Bureau of Workers Compensation- Not available, or other
income payor-if it is the payor of record as defined in 750 ILCS 28, Income
Holding for Support Act. Illinois Department of Employment Security (UIB) is not
servible by other states.
Current child support first then medical. If regarding medical insurance premium
- first all current supports, then insurance premium, then past due support
amounts, unless insufficient income to pay premium,then pay past due support.
See 750 ILCS 28/35 (c).
H. Paternity
No
500 to 1 C.P.I.
(750 ILCS 45/5)
8/9/1996
No
Paternity acknowledgments prior to 8/9/96 required court ratification.
Yes
Genetic testing, access
determined?
Yes
Yes in on are after 08/09/96.
Yes
(750 ILCS 45/5) Presumption of Paternity. a) A man is presumed to be the natural
father of a child if: (1) he and the child's natural mother are or have been
married to each other, even though the marriage is or could be declared invalid,
and the child is born or conceived during such marriage; (2) after the child's
birth, he and the child's natural mother have married each other, even though
the marriage is or could be declared invalid, and he is named, with his written
consent, as the child's father on the child's birth certificate; (3) he and the
child's natural mother have signed an acknowledgment of paternity in accordance
with rules adopted by the Illinois Departement of Public Aid Code; (4) he and
child's natural mother have signed an acknowledgment of parentage or , if the
natural father is someone other than one presumed to be the father under this
Section, an acknowledgemnt of parentage and denial of paternity in accordance
with Section 12 of the Vital Records Act; or (5) rebuttal with CPI of at least
500 to 1. (See answer to H2)
Yes
Illinois Putative Father Registry - Division of Child and Family Services.
Yes
If the client is receiving TANF.
Yes
When the legal relationship was established under another state's order or law.
Illinois law does not provide for common law marriage. However, Full Faith and
Credit will be given to a common law marriage established under another state
law.
10/20/1994
No
Written, videotape, teleconferencing
provisions.
750 ILCS 22/201
Yes
Case by case basis and only if paternity is established against the alleged
father.
Yes
child?

support obligation?
Both
Individual case circumstances and the volume of cases determine the process
used. (750 ILCS 25/4 and 305 ILCS 5/10-11)
Any case where the circuit court has taken jurisdiction and the order has active
terms. All cases with unusual circumstances are referred judicially. Volume of
case flow may impact referral process. Paternity establishment for older
children. (305 ILCS 5/10-13.9)
305 ILCS 5/10-1 el. seg.
The formula considers the obligor's net income, deviations from the standard can
be based on consideration of the income of the child or other parent.
The guidelines shall be applied in each case unless the court makes a finding
that application of the guidelines would be inappropriate, after considering the
best interests of the child in light of evidence including but not limited to
one or more of the following relevant factors: (a) the financial resources and
needs of the child; (b) the financial resources and needs of the custodial
parent (c) the standard of living the child would have enjoyed had the marriage
not been dissolved; (d) the physical and emotional condition of the child, and
his educational needs; and (e) the financial resources and needs of the
non-custodial parent. If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have been required under
the guidelines, if determinable. The court shall include the reason or reasons
for the variance from the guidelines. (750 ILCS 5/505)
Yes
Support may be established back to the date of birth in a parentage or back to
date of separation in an abandonment case. In a parentage action brought within
2 years after a child's birth, the judgment or order may direct either parent to
pay the reasonable expenses incurred by either parent related to the mother's
pregnancy and the delivery of the child. (750 ILCS 5/505; Public Aid Code
10-10,11,11.1)
1. Father's prior knowledge of circumstances of the child's birth. 2. Father's
prior willingness or refusal to help raise. 3. The extent to which the mother or
public agency that bring the action previously informed the father of the
child's needs or attempted to seek or require his help in raising or support in
raising the child. 4. Reasons the mother or public agency did not file the
action earlier. 5. The extent to which the father would be prejudiced by the
delay to bring the action.
No
See 14.2
Most processes. Yes
Article 10 750 ILCS 5/10.1
subpoena?
No
expended?
both?
Administrative only (305 ILCS 5/10-17.5)
Procedurally, liens may be done administratively or judicially. However, some
levies on property, ie. real estate, may only be executed judicially. Illinois
IV-D policy requires an arrears of $1,000 or more and at least $300.00 in
account for IV-D Agency to engage a lien and levy process. Illinois does not
have a central lien registry. If the obligor or a joint owner agree with the
administrative finding, they may file with the court within 35 days of the
finding.
$1,000 arrearage for PP $10,000 arrearage for RP.
County, County Recorder of Deeds.
Yes
Varies.
Yes
both?
Both. The Illinois Department, acting on behalf of the State, may forclose the
lien in a judicial proceeding to the same extent and in the same manner as in
the enforcement of other liens. The process, practice, and procedure for the
foreclosure shall be the same as provided in the Code of Civil Procedure.
(Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
Both. (305 ILCS 5/10-24.5) Illinois law in process of establishing contract with
financial institutions as required by Illinois law.
When there is an intent to Freeze and Seize. The NCP is notified of the
delinquency and sent the notice of lien.
No
Yes
Both
be sent?
Simultaneously.
exempted.
120 days. If obligor request an appeal, the 120 days stop.

action?
action?

both?
Admininstative.
None, however the financial instutution may charge the obligor up to $50 per
account for freezing the assets.
15 days from date of notice. Request must be in writing. Non-debtor has same
Centralized. Semi automated.
None
period?

Yes
Both. Administrative liens and levies on personal property for past-due child
support. (305) ILCS 5/10-25.5)
may have.
Department of Revenue
have.
Suspension of driver's license
Process in development.
registration?
Only direct income withholding.
Judicially or administratively registered remedies available are the same as any
Illinois order.
None
(UEFJA)?
Yes
735 ILCS 5/12-650 thru 12-657
Public Act 90-18 added eight nearly identical provisions to the banking, savings
and loan, foreign banking, and insurance statutes. Section 48.4(a) if the
Illinois Banking Act (205 ILCS 5/48.4(a) provides: "(a) Any bank governed by
this Act shall encumber or surrender accounts or assets held by the bank on
behalf of any responsible relative who is subject to a child support lien, upon
notice of the lien or levy or the Illinois Department of Public Aid or its
successor agency pursuant to Section 10-25.5 of the Illinois Public Aid Code or
upon notice of interstate lien or levy from any other state's agency responsible
for implementing the child support enforcement program set forth in Title IV,
Part D of the Social Security Act." (Emphasis added)
information?
state, or both?
every three years)?
Regular reviews every 36 months. Cases qualify for modification review if one of
the following exists:
At least 36 months have elapsed since establishment, modification or last
modification review or RR ("Responsible Relative")income/support amount or no
medical insurance ordered or request for review received from client, RR or
other state or case was previously selected for review but closed because there
was no employer Automatic referrals consider whether there was assignment of
support rights to IDPA by a TANF client.
Procedure is automated.
order)?
20% change, minimum of $10 per month.
apply, if any?

Yes
No
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
1) No medical insurance ordered. 2) case was previously selected for review but
closed because there was no employer.
No
SSA disability is applied to current support.

The statutory cite for abatement law: 750 ILCS /505, 750 ILCS 5/510, and ILCS S.
Ct. rule 296.
Transmittal three and all supporting documents.
www.idph.state.il.us/vita/records/index.htm
Refer to UIFSA.
reported?
payment?

cover the lump sum?
payment?
Indiana
combination)?
State administered/County operated.
None (all enforcement offices have cooperative agreements).
County prosecuting attorney offices, County Clerks of Court, and Title IV-D
funded courts.

Yes.
IC 31-25-4-13(d)
No
Act (UIFSA)?
7/1/1996
1/1/1997
IC 31-18
http://www.ai.org/legislative/ic/code/title31/ar18/index.html
version)?
1996 Version
NA

England, Sweden, Germany, and signatory countries to a treaty with U.S.
No
No
services.

21
IC 31-16-6-6.
http://www.ai.org/legislative/ic/code/title31/ar16/ch6.html#IC31-16-6-6
21, unless child has been determined to be legally incapacitated or an order for
educational support was established before age 21.
No
NA
emancipate?
No
Only if determined by court order.
Yes
If a child has been legally incapacitated or there is an educational expense
order beyond high school.
No
support?
10 years after age 18 or date of emancipation, whichever is earlier. 20 years
for child support judgments.
Child may file anytime before 20 years of age.
No
possible.
NA
F. Support Details
Income Shares.
Yes
conditions.
If arrearage amount determined in a court entry, interest accrues at statutory
rate of 8% per annum.
Yes
conditions.
If court has adjudicated an accrued arrearage, interest is 8% annum.
Yes
conditions.
If court adjudicates an accrued arrearage, interest, per state law on judgements
accrues at 8% on adjudicated amounts. In addition, if requested by a party and
per a specific child support only statute, court may order interest at up to
1.5% per month.
medical bill?
No
Yes
May, in non-public assistance cases, recover costs of genetic tests as ordered
by a court or as agreed upon by the parties.
See F6.1, and as ordered by a court in public assistance cases.
Yes
Will only recover paternity cost. Initiating state would have to have valid
court order.
Ind. Trial Rule 4.4.
For additional information: http://www.in.gov/judiciary/rules/
Yes
Indiana enforces a spousal support obligation only if it is in conjunction with
a current child support order.
No
Depending upon interstate situation, additional information may be requested
regarding a new spouse or partner.
withholding)?
Income withholding
SSI, State employee retirement benefits.
http://www.ai.org/legislative/ic/code/title5/ar10.3/ch8.html#IC5-10.3-8-9
No
payments?
$2.00
Not later than the first payday after 14 days following the date the notice was
received.
employee's pay?
At the same time the obligor is paid.
Non complying income payers are subject to contempt of court.
Subject to contempt.
Yes
lines.
Direct income withholding should not be done if Indiana is already enforcing the
case via a current UIFSA action.
Yes
State lines.
Income withholding order needs to be sent to the insurance company actually
paying the benefits.
Administrative income withholding - administrative hearing available. Court
ordered income withholding - judicial appeal.
Child support income withholding order has priority over all other garnishments.
When two or more IWO'S, enforce all orders on a pro rata basis with current
support having priority.
assistance?
Yes
proceed.
Toll free number for employer income withholding questions: 1-800-292-0403.
No
termination?
Promptly, upon termination.
rehired?
Three months
Thirty dollar ($30) annual support fee beginning 01/01/2007.
Yes
Yes, for employer.
Current and delinquent child support are to be satisfied prior to medical
support.
H. Paternity
Yes
Custody and visitation issues may be addressed, but not as part of Title IV-D
procedures.
99%
None
11/1/1997
Yes
None.
Yes
Presumption rebutted by husband requested genetic test results showing him not
to be the biological father.
determined?
No
State law does not provide for paternity to be established in this manner.
Yes
When putative father holds child out as his biological child.
Yes
Indiana Putative Father Registry.
Yes
Birth certificates $10 - fee cannot be waived. No fee for copy of hospital
paternity affidavit if requested by a IV-D agency.
No
NA.
11/01/1997
NA.
No specific uniform procedure applicable to all courts, but arrangements may be
made in advance on a case by case or court by court basis.
provisions.
Indiana Trial Rule 4.4.
For additional information: http://www.in.gov/judiciary/rules/
Yes
Parties can be court ordered to repay.
Properly executed paternity affidavit.
child?
Separate packet for each child.
support obligation?
Judicial.
NA.
All Circumstances.
NA.
The custodial parent.
No specific criteria.
Yes
In paternity cases only; court must order support to begin as of date of filing
of petition; court may order support retroactive to date of child's birth. In a
non-paternity support order establishment situation, support can be ordered no
earlier than date of court filing.
No additional information is needed as retroactive amount of arrearage, when
ordered, is based on the established current support order.
Yes
Limited to paternity cases.
To establish/implement income withholding orders, to suspend driver's and
professional licenses.
IC 31-16-15 (Income Withholding) See J2.1 (Suspension of Licenses)
subpoena?
No
Yes
expended?
Yes
Yes
Modify order to determine support amount.
both?
Administrative only for IV-D cases. Non-IV-D case attorneys can now go to court
for this but not through our offices.
May be administrative and Judicial procedures.
Delinquent amount more than $1,000 for lien on motor veichle.
County Recorder's Office; State Child Support Bureau for BMV lien
Yes
For liens against property, other than motor vehicle title: None for IV-D cases
processed through Indiana Central Registry; for non-UIFSA cases $13.00 for first
page & $2.00 for each subsequent page.
Yes
both?
Judicial process.
Administrative: Judicial review of administrative hearing decision available.
When, subsequent to a FIDM match, action to encumber is initiated.
Yes
No
If income withholding already exists, notice is not necessary. If income
withholding does not exist, notice would be required to be provided by the
state.
be sent?
Obligor must file an appeal with state agency within 20 days of date of notice.
No minimum deliquency amount. No accounts exempted.
If income withholding order previously established, no minimum delinquency
required; if income withholding not previously established, one month arrears
required.
Yes, for Freeze and Seize procedure.
For Freeze and Seize, $2,000 delinquent or three (3) months past due support.
No
NA
No
NA
Exemption for first $500 in a checking account.
Financial Institution
action?
Fourteen (14) days from date financial institution receives income withholding
order.
action?
NA
Account funds do not belong to NCP; NCP does not owe claimed arrearage amount.
both?
Both.
None.
NA
Non-debtor can request judicial determination of proportionate ownership of
account.
Not centralized. Not automated
No.
No
NA
Yes
IC 31-25-4-31
period?
Yes, fourteen (14) days.
Fourteen (14) days after receipt of legal encumbrance.

Yes
Worker's compensation, unemployment compensation. Administrative and Judicial.
may have.
Offset of state Lottery winnings.
have.
Contempt actions.
Liens may be filed in the County Recorder's office of the appropriate Indiana
county.
registration?
Income withholding orders, state tax offset, lottery offset, and license
suspensions.
Orders are registered in the clerk's office of the county in which the obligor
resides. Enforcement is carried in accordance with UIFSA requirements as
incorporated by Indiana law.
NA
(UEFJA)?
No
No.
Complete UIFSA packet needs to be initiated.
Yes
information?
Experian
Administrative
state, or both?
No
$1,000 in arrears
every three years)?
Every 3 years, if requested
Only upon request.
Petition for modification filed and modification considered in accordance with
Indiana Child Support Rules and Guidelines.
order)?
Per a support guideline worksheet, an increase or decrease of 20% or more from
the present order.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes
Extraordinary situations may be addressed by court as a deviation from
guidelines.
No
NA
SSA obligor can obtain modification of current order based on SSA benefit amount
- modified order is prospective; accrued arrearages remain due and owing.
No
Any credit for /abatement of a support order must be obtained by a court order.
However, no abatement is available to an incarcerated ncp.
NA.

For copies of paternity acknowledgements, requesting agencies should provide the
following information: 1. Child's name 2. Date of birth 3. Indiana city & county
of birth 4. Mother's maiden name 5. Father's name 6. Address where paternity
affidavit is to be sent. Requests can be faxed to: 317-233-1289 or mailed to:
ISDH Attn: Vital Records PO Box 7125 Indianapolis, IN 46206. There is no cost if
requested by an identified IV-D agency.
Complete UIFSA packet.
Yes
Severance pay, sick pay, vacation pay, commissions, bonus payments, or any lump
sum payment.
IC 31-16-15-19
Yes
See L1.2 above. (IC 31-16-15-19)
Yes
reported?
Compliance by employers required for a IV-D case where there is an arrears; lump
sums cannot be encumbered if there is no arrears.
Contact the Indiana IV-D support office that issues the income withholding
order.
Before time when lump sum monies would otherwise be disbursed to the ncp.
NA
payment?
Yes
cover the lump sum?
Noted on original order.
No
payment?
NA
None
Yes
Yes, CCPA limits applicable if lump sum amount is an amount based upon/arising
out of a "periodic" calculation.
If lump sum not "disposable income", no percentage limiter is applicable.
No
NA
Kansas
combination)?
28 offices
District Court Trustees, Selected County/District Attorney, Private Sector
Vendors.
Yes
KSA 39-755, 39-756
No
Act (UIFSA)?
1994
07/1995
KSA 23-9,201 et. seq.
http://www.kslegislature.org/cgi-bin/statutes/index.cgi
version)?
1996
N/A
C. Reciprocity
None.
No
No
services.

18 years of age.
K.S.A. 60-1610(a)
Current support is proportionately reduced as each child emancipates, for
example: Current support is set at $300 per month for 3 children. When the first
child emancipates the current support is reduced to $200 per month. Support
automatically extended through June 30 of the school year (July 1 - June 30)
during which child turns 18, unless court specifically orders otherwise; on
motion, court has discretion to extend through the school year in which the
child turns 19, but only if both parents participate or acquiesce in the
decision that delayed completion of high school.
No
emancipate?
No
See D-3 regarding prorating child support.
Yes
support?
Generally, installments due after 7/1/81 are enforceable until 2 years after
child is emancipated. With appropriate actions, enforcement may be extended
indefinitely. Installments due before 7/1/81 may be enforceable, but require
case by case determination. In a proceeding for arrearages, the statute of
limitation under the laws of Kansas or of the state issuing the order, whichever
is longer, applies.
18 years of age.
Yes
possible.
Generally dormant judgements may be revived anytime before 2 years following the
emancipation of the child.
F. Support Details
Shared income model.
No
conditions.
Kansas does not charge interest on missed payments but Kansas law provides for
the assessment and collection of judgment interest. However, the Kansas IV-D
program does not calculate or enforce judgment interest.
Yes
conditions.
From date of judgement.
No
conditions.
Kansas does not charge interest on adjudicated arrers but Kansas law provides
for the assessment and collection of judgment interest. However, the Kansas IV-D
program does not calculate or enforce judgment interest. See F2.1
medical bill?
Yes
Only if the debt has been reduced to a sum certain judgment.
Yes
4% charged to the obligee.
None from the obligor.
Yes
K.S.A 60-308; K.S.A. 23-9,201 (UIFSA)
Yes
Establish: No Enforce: Yes, if in conjunction with a child support order.
Modify: No
No
withholding)?
Income withholding Order (IWO)
Any amounts required by law to be withheld, other than creditor claims,
including but not limited to federal and state taxes, social security tax and
other retirement and disability contributions; any amounts exempted by federal
law; public assistance payments; unemployment insurance benefits.
No
payments?
$5 per day period or $10 per month, whichever is less.
Within 14 days of the date the obligor is normally paid.
employee's pay?
7 business days from the date the obligor is normally paid.
Recipient or support enforcement agency may bring civil action against employer.
Possible penalty of 3 times the amount due.
No
lines.
Must use state debt set-off procedures. Contact central registry for procedures.
Yes
State lines.

Obligor may request hearing.
IWO treated equally.
assistance?
Yes
proceed.
see website: http://www.srskansas.org/cse/iwo/
For additional information: http://www.srskansas.org/cse/iwo/
termination?
rehired?
Yes to any "payor" of incomes as defined in KSA 23-4, 106. No to Bureau of
Workers Compensation. No to Unemployment Compensation.
Current child support must be paid first.
H. Paternity
Yes
However, state agency does not represent the custodial parent on issues of
custody and visitation.
97%
07/01/1997
Yes

Yes
Genetic tests.
determined?
No
Creates presumption of paternity only. Is only conclusive for chldren born on or
after 07/01/1997.
Yes
K.S.A. 38-1114 a)marriage to the mother within 300 days of the birth of the
child. b)acknowledgement in writing. c)name on birth certificate with consent.
d)written voluntary promise to provide support. e)notarized recognition of
paternity.
Yes
No names registered since inception in 1993.
Yes
None
Yes
Elements of common-law marriage are capacity of parties to marry, present
marriage agreements between parties, and holding out of each other as husband
and wife to public.
1901
None
As allowed by UIFSA
provisions.
K.S.A. 60-308; K.S.A. 23-9,201 (UIFSA)
Yes
Yes, an acknowledgment of paternity is required unless parents are married at
the time of birth.
child?

support obligation?
Judicial only.

Custodial parents.
May be rebutted by clear and convincing evidence to the appropriate tribunal.
Discretionary upon court.
Yes
Judicial discretion.
Affidavit of expenses.
Yes
subpoena?
expended?
both?
Administrative.
Judicial.
Unpaid installment (full or partial.
County.
Yes
$5.00 page
Yes
both?
Judicial process. Attachment by process server and execution upon order of the
court.
Judicial.
When case become delinquent.
No
Yes
Currently notice is sent to obligor by court.
be sent?
After assets are frozen.
No minimum delinquency amount. 30 day delinquency. No accounts exempted.
60 days. Financial institution can petition the court after 60 days to determine
what to do with assets.
action?
action?

both?
Judicial.
Because KS uses a judicial garnishment procedure, there may be cause of action
for an obligor if the garnishment or attachment is wrongful.
10 days. No unique requirements. Non-debtor has appeal rights.
Not centalized. Not automated.
None.
period?

Yes
Administrative process. Process is through state debt setoff process which
includes tax rebates, lottery winnings, unemployment and other state funds.
may have.
have.
IWO, garnishment and contempt.
None established
registration?
State debt set-off.
See UIFSA laws, enforce the same as any Kansas order, IV-D enforcement done
exclusively under UIFSA.
None
(UEFJA)?
No
No.
Transmittal number 1 with all appropriate documents i.e. certified copy of
orders, registration statement
information?
state, or both?
every three years)?
As required by federal regulations.
As required by federal regulations.
Central registry screens transmittals requesting review and modification,
verifies employment, refers case to attorney, and sends acknowledgment and
referral data to initiating state; if modification of another state's order is
sought, the order must first be registered (an order of another state cannot be
modified if that state has CEJ over the order unless all of the individual
parties have filed a written consent in the issuing tribunal); for modification
of a Kansas order, the attorney will file a motion to modify, serving a copy on
all parties; if hearing is needed, court will determine whether there has been a
material change of circumstances since last order; guidelines will be applied;
adjustment is permitted if in child's best interests; a Kansas support order is
automatically reduced by child's pro rata share when a child is emancipated,
dies, is adopted, or goes to live (permanently) with obligor.
order)?
Change in circumstance of 10% increase/decrease.
apply, if any?
Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Based on financial circumstances of parties.
No
To current support only.

Case Law Brady vs Brady 225 Kansas-485, 592 P.2d 865 (1979) Matter of Marriage
of Pear, 244 KAN. 662, 772 P.2d 775(1989)



No
No
No
reported?
payment?

cover the lump sum?
No
payment?
Yes
No
Kentucky
combination)?
A local office is located in each of the 120 counties.
Contracting Officials, Office of Attorney General, Special Prosecutors.
Yes
Kentucky Revised Statutes 205.712(7). http://www.lrc.ky.gov/KRS/205-00/712.PDF
Yes
Per KY Bar Association, E-414, In order to establish the nonexistence of an
attorney-client relationship, the contracting official must provide the
recipient of IV-D services with enough information so that a reasonable person
will understand that no attorney-client relationship exists.
B. UIFSA
Act (UIFSA)?
03/23/1998
07/01/1998
Kentucky Revised Statutes 407.
For additional information: http://www.lrc.ky.gov/krs/407-00/CHAPTER.HTM
version)?
1996

Kentucky has declared reciprocity with AUSTRALIA, CANADA (provinces of ALBERTA,
BRITISH COLUMBIA, MANITOBA, NEW BRUNSWICK, NEWFOUNDLAND, NORTHWEST TERRITORIES,
NOVA SCOTIA, NUNAVUT and ONTARIO), CZECH REPUBLIC, FINLAND, France, Germany,
IRELAND, Jamaica, Japan, Mexico, NETHERLANDS, NORWAY, POLAND, PORTUGAL, SLOVAK
REPUBLIC, Sweden, SWITZERLAND and United Kingdom (England & Wales, Scotland ,
Northern Ireland and Isle of Man).
No
No
services.

18, 19 if attending high school.
Kentucky Revised Statutes 403.213(3)
For additional information: http://www.lrc.ky.gov/KRS/403-00/213.PDF
18, 19 if attending high school, but not beyond completion year of child's 19th
birthday.
No
emancipate?
No
Yes
Kentucky Revised Statutes 405.020 http://www.lrc.ky.gov/KRS/405-00/020.PDF If
the child has a permanent physical or mental disability, the mother and father
have joint custody and care of children who have reached age 18.
No
No, if a child support order states an individual amount for each child.
Otherwise, the CP or NCP may request a review/modification to be done to adjust
current support.
support?
15 years after the last child emancipates. Kentucky Revised Statutes 413.090 (1)
http://www.lrc.ky.gov/KRS/413-00/090.PDF
Within 18 years after birth of the child. Kentucky Revised Statutes 406.031
http://www.lrc.ky.gov/krs/406-00/031.PDF
No
possible.
Income Shares. Kentucky Revised Statutes 403.212
No
conditions.
No, unless case referred to Kentucky State Revenue for enforcement of arrears
(12% compound) or per order of the court.
No
conditions.

No
conditions.
Yes, only if court ordered. (Statutory rate of 12%)
medical bill?
Yes
If court ordered.
No
Yes
Will attempt to recover cost of DNA in paternity cases.
KRS 407.5201.
For additional information: http://www.lrc.ky.gov/krs/407-00/5201.PDF
Yes
Enforce only if spousal support is in the child support order.
No
withholding)?
Income Withholding or Wage Withholding
TANF, SSI, VA Disability.
For additional information: http://162.114.4.13/krs/titles.htm
No
payments?
$1 Kentucky Revised Statutes 405.465(4) http://www.lrc.ky.gov/KRS/405-00/465.PDF
First pay period occurring 14 working days after date of notice.
employee's pay?
7 days from date payments are withheld.
Notification sent to Office of General Counsel requesting enforcement action
against the employer for noncompliance.
A fine of not more than five hundred dollars ($500) or be imprisoned in the
county jail for not more than one year, or both.
No
lines.
Yes
State lines.

Contact local contracting official's office.
All orders are treated the same. Kentucky Revised Statutes 405.467(7)
assistance?
Yes
proceed.
Assistance is available per Kentucky Revised Statutes 405.467.
No.
termination?
Promptly. Kentucky Revised Statutes 405.465(5)
rehired?
No law or policy.
No.
No.
Yes, the employer and worker's compensation.
Current support is paid first, then medical support. Medical support is not
withheld if there is not enough money for the entire health insurance premium
amount.
H. Paternity
No
99% Kentucky Revised Statutes 406.111 http://www.lrc.ky.gov/krs/406-00/111.PDF
Conclusive after 60 days.
07/16/1996
Yes

Yes
Completing Rescission of Acknowledgment of Paternity form within 60 days.
determined?
Yes
After 7/15/98, yes. Before 7/15/98, no, a paternity judgment had to be entered.
Yes
The father of a child born out of wedlock has the same liabilities as the father
of a child born in wedlock. KRS 406.011 http://www.lrc.ky.gov/krs/406-00/011.PDF
No
Yes
None. Kentucky Revised Statutes 213.141 http://www.lrc.ky.gov/krs/213-00/141.PDF
No
Kentucky Revised Statutes 402.005 http://www.lrc.ky.gov/KRS/402-00/005.PDF
Written, telephone, audiovisual, or other electronic means as designated by the
tribunal.
provisions.
Kentucky Revised Statutes 407.5201.
For additional information: http://www.lrc.ky.gov/krs/407-00/5201.PDF
Yes
The initiating state is responsible for buccal swabbing and analyzing the DNA
samples. The responding state is responsible for the cost of expert witness
testimony; depositions; and, if applicable, a paternity trial. If paternity is
established in the responding state, the IV-D agency in the responding state
must attempt to obtain a judgment for the costs of genetic testing from the
party who denied paternity, or, at state option, from each party so long as the
total amount requested does not exceed the actual costs of the genetic tests. If
genetic testing costs are recovered, the responding state must reimburse the
initiating state. Kentucky Revised Statutes 205.712
http://www.lrc.state.ky.us/krs/205-00/712.PDF
Yes, Voluntary Acknowledgment of Paternity and the Affidavit of Paternity.
Kentucky Revised Statutes 213.046 http://www.lrc.ky.gov/krs/213-00/046.PDF
child?
One completed UIFSA packet, but will need a separate paternity affidavit for
each child.
support obligation?
Both
Determined by local worker.
Determined by local worker.
KRS 205.712
For additional information: http://www.lrc.state.ky.us/krs/205-00/712.PDF
Custodial parent. A payment received by a child as a result of a parental
disibility shall be credited against the child support obligation of that
parent.
Court may deviate from guidelines but must write a specific finding why.
Yes
To birth of child if age 4 or under in paternity cases. KRS 406.031(1)
Complete UIFSA Packet.
No
Will only set retroactive support back to date petition was filed or back to
birth of child if under age four (4) in paternity cases.
Paternity, establishment, modification and enforcement.
Kentucky Revised Statutes 205.712
For additional information: http://www.lrc.state.ky.us/krs/205-00/712.PDF
subpoena?
Kentucky Revised Statutes 205.712 http://www.lrc.state.ky.us/krs/205-00/712.PDF
No.
expended?
No.
No.
Modification.
both?
Administrative.
Administrative and Judicial.
Arrearage equal to one (1) month and support has been assigned to the Cabinet
for Health and Family Services.
County clerk where title is located or county where property is located.
Yes
Varies county to county
Yes
both?
Both
Both
When a case is delinquent.
No
Yes
State
be sent?
Sent to the noncustodial parent two (2) days after the freeze notice is sent to
the financial institution. Kentucky Revised Statutes 205.778
The arrearage balance must be either 6 months obligation or $1,000, whichever is
less, and the NCP is not complying with the most recent assigned order. 921
Kentucky Administrative Regulations 1:140
http://www.lrc.ky.gov/kar/921/001/410.htm
$1,000 or 6 months, whichever is less.
$1,000 or 6 months, whichever is less.
See above.
No

No
No.
action?
20 working days. Kentucky Revised Statutes 405.490
action?
Based on mistake of fact
both?
Administative
None
The obligor must request a hearing within 20 days of receiving the notice with
no unique requirements and no recourse for the non-debtor.
The local judicial and state caseworkers complete the freeze and seize actions.
The process is not automated.
Within the 20-day appeal timeframe, the obligor can make arrangements to pay the
arrearage, post a bond or enter into a set payment agreement to pay the
arrearage.
No
No
period?
Yes. Kentucky Revised Statutes 205.776
15 days. Kentucky Revised Statutes 405.490(2)

Yes
Both
may have.
Income Withholding; Medical Support Withholding; Passport Denial; Vehicle
Booting; Administrative Subpoena; Most Wanted Poster; and Delinquent Listing of
Obligors, Drivers and Professional License suspension and/or revocation;
suspension of hunting and fishing license. Kentucky Revised Statutes 405.405 -
405.530
have.
Flagrant Non-support, USA Attorney.
Lien must be filed in the county where the property is located.
registration?
See J1 through J9.
Judicial procedure required.
May require additional hearings.
(UEFJA)?
No
No.
Transmittal #1 and a copy of the support order.
information?
state, or both?
every three years)?
Notify parties every 3 years of their right to request a review.
Upon request of CP, NCP or IV-D Agency.
Verify income of both parties, apply guidelines, add medical support order and
advise parties of result.
order)?
Obligaton amount must increase or decrease by 15%.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No

No
SSA benefits are used as income when calculating obligation.
Yes
Unemployment, incarceration, institutionalization, unable to locate NCP or NCP
receives public assistance.
Courts discretion.
N/A
An application must be made to the State Registar's Office. A fee not to exceed
$10.00 to obtain a copy of a birth record.
http://chs.ky.gov/publichealth/vital.htm
Required UIFSA documents.
Yes
"Lump sum payment of any kind" means a lump sum payment of earnings as defined
in Kentucky Revised Statutes 427.005 (Compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonus, or otherwise,
and includes periodic payments pursuant to a pension or retirement program).
Kentucky Revised Statutes 405.465(6)(b)
Yes
For employers with 20 or more employees. Kentucky Revised Statutes 405.465(6)(a)
Yes
reported?
$150 and over.
By FAX to(502) 564-5988. Must include all information along with contact person
name and phone/fax numbers.
45 days from scheduled date of payment to NCP. Kentucky Revised Statute
405.465(6)(a) http://www.lrc.ky.gov/KRS/405-00/465.PDF
30 days from scheduled date of payment to NCP.
payment?
Yes
cover the lump sum?
Can be used if prior knowledge of lump sum payments available to NCP.
Yes
payment?
Suggested process: Non-Wage Garnishment Order (takes less time) or court order.
Louisiana
combination)?
12 District Offices.
39 Offices of the District Attorney and Clerks of Court
Yes
R.S. 46:236.1.7
No
B. UIFSA
Act (UIFSA)?
01/01/1996
01/01/1996
Children's Code Article 1301.3 through 1308.2.
For additional information: http://www.legis.state.la.us/
version)?
1996 Version

Australia, France,Germany, Hungary, Netherlands, Norway, Ireland, Poland,
Saipan, United Kingdom, Czech Republican, Slovak Republic, Portugal, and Canada:
Ontario, Alberta, Manitoba, Newfoundland, British Columbia, Nova Scotia, and
Saskatchewan.
No
No
services.
18 years of age.
Civil Code Article 29.
Louisiana Revised Statue 9:309(C)allows for child support to be paid for a child
over the age of majority if the child is unmarried, a full time student in good
standing in a secondary school, and dependent on either parent.
No
emancipate?
No
Yes
- 18 year old who is a full-time student in good standing at a secondary school
and is dependent on either parent; - a developmentally disabled child up to age
22; - a child placed under continuing tutorship by the court.
No
support?
Child support does not commence to prescribe, or run, until the child reaches
his/her eighteenth(18th)birthday, the age of majority. Therefore, the statute of
limitations on the past due support is ten (10) years from the age of majority,
if there has been no interruption of the prescription. (La. Revised Statute
13:4291; La. Civil Code Article 3501.1)
There is no statute of limitations for a child to establish paternity except
that the child must establish paternity within 1 year of the death of an alleged
father. (La. Civil Code Article 197) A man may commence an action to establish
his paternity at any time. However, if the child is presumed to be the child of
another man, the action shall be commenced within 1 year from the birthday of
the child. If the mother acted in bad faith, the action shall be commenced
within 1 year from the day the father knew or should have known of the birthday
of the child or within 10 years of the birthday of the child, whichever first
occurs. (La. Civil Code Article 198)
Yes
possible.
A judicial mortgage or lien that has been properly recorded must be reinscribed
(revived)before the expiration of 10 years from the date it was recorded. (La.
Revised Statute 9:5502 effective until June 30, 2006; effective January 1, 2006
La. Civil Code Articles 3362-3364)
F. Support Details
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
However, the amount of the uninsured portion of the medical bill must be reduced
to a judgment.
Yes
A one time application fee of $25 for NA application; Federal and State tax
offset fees; parent locate only fees.
The court may order the obligor to pay court costs and/or reimburse the cost of
genetic testing fees. The court may order an administrative court fee of 5%.
Yes
Genetic testing costs.
Children's Code Articles 1302.1 and 1302.2 (UIFSA Long-arm Provisions) LSA R.S.
13:3201 et. seq.
Yes
Spousal support is not established but is enforced in conjunction with a child
support order.
No
However, the information may be helpful, as under state guidelines law, the
court may consider the benefit of expense sharing.
withholding)?
Income Assignment
Supplemental Security Income, VA Disability Benefits.
Yes
Withholding for child support cannot exceed 50% of disposable earnings.
payments?
$5 per withholding.
The employer must implement withholding no later than the first pay period
following receipt of the notice.
employee's pay?
The employer must forward the amount withheld within seven days.
The court enters judgment against the payor and direct the issuance of an
execution for the total amount the payor failed to withhold or pay over.
See G7.
Yes
lines.
Yes
State lines.
If there is a disputed claim or pending settlement, Louisiana should be
requested to register the order for enforcement.
The obligor must file a petition to stay service with the clerk of the court
within 15 days of the notice.
When two or more orders to withhold income for support are received, the orders
are prorated.
assistance?
Yes
proceed.
R.S. 46:236.3 and R.S. 13:3881
No
termination?
Within 10 days.
rehired?
No determination.
No
Yes, see www.expertpay.com.
Employer Bureau of Workers Compensation Unemployment Bureau
Current support is given priority per R.S. 46:236.3
H. Paternity
No
99.9%
The legislature is currently proposing legislation to make acknowledgments
conclusive.

Yes
The husband is presumed to be the father of children born or conceived during
the marriage. This presumption may be rebutted by the filing of a petition for
disavowal.
determined?
No
It creates a presumption of paternity which may be rebutted. However, the
department can obtain child and medical support orders without proving paternity
if the father's name is on the child's birth certificate.
No

Yes
Vital Records Registry / Putative Father Registry
Yes
Fees are waived for the Louisiana IV-D agency.
No
Under UIFSA proceedings, the physical presence of the petitioner is not
required. A party or witness may testify by telephone, or other audiovisual
means.
provisions.
Children's Code Articles 1302.1 and 1302.2 (UIFSA); LSA R.S. 13:3201 et. seq.For
Additional Information - Click Here
Yes
When our state is responding to a request for paternity establishment and the
father who denied paternity is ordered to pay the cost for genetic testing.
Yes, see: www.dhh.louisiana.gov/offices/publications.asp?ID=252&Detail=1045
child?
One set of documents is sufficent with individual affidavits of paternity.
support obligation?
Support orders are established through a judicial process.

The custodial parent's income is considered. The income of the child may be
considered in certain circumstances.
Louisiana Guidelines allow the court to deviate from the Guidelines if their
application would not be in the best interest of the child or would be
inequitable to the parties.
Yes
The court may order support retroactive to the date of the filing of the
petition.
None.
No
Retroactive to filing of the petition.
We can perform the following through the administrative process: license
suspension, federal tax offset, seize and intercept (state tax, unemployment
compenstation benefits, worker's compensation, lottery winnings, asset held in
financial institutions, and public and private retirement funds), impose liens,
genetic testing, subpoena authority, access to information, require mothers to
illegitmate children to sign a Paternity Declaration Form. Yes, our state uses
an administrative process for paternity, establishment, modification and the
enforcement of child support.
LA R.S. 46:236.15 (Limited Administrative Authority for Certain Paternity and
Child Support Actions); LA R.S. 9:315:40 through 9:315:48 (Administrative
Suspension of Certain Licenses for Non-payment of Child Support); and LA R.S.
40:34(E)(Vital Records Forms)
subpoena?
Yes R.S. 46:236.15B
No
expended?
No
No
Modification
both?
Administrative procedure.
Administrative and Judicial. Notice of Interstate Lien should be filed with the
Clerk of Court of the parish where it is known or suspected the NCP has property
or assets.
Any arrearage
Parish/County
Yes
$18 Filing fee
Yes
both?
Both judicial and administrative.
State law provides authority for the IV-D agency to administratively seize
assets held by the obligor who owes past due support. A notice to freeze the
asset is sent to the appropriate entity. After due notice to the obligor that
the asset is frozen, the agency can proceed to seize same unless the obligor
requests a hearing. If so, the matter is referred to the court. This procedure
applies only to assets located in Louisiana.
When case becomes delinquent.
No
No
be sent?
30 days after assets are frozen.
No minimum delinquency amount. No specified number of months delinquent. No
accounts exempted
$500.00
None.
No

No
No
action?
30 days
action?
The recipient of the notice is not the person identified as owing the child
support debt. The total arrears owed are incorrect. The NCP or another person
alleges that although the name of the NCP appears on the account, some or all of
the funds is the account actually belong to someone else.
both?
Administrative.
None.
30 days. If an appeal is filed, the IV-D agency will request a court hearing. No
recourse for non-debtor (LA is a community property State).
Not centralized or automated.
The State of LA does not routinely freeze checking accounts.
No
No
period?
Yes
Not determined

Yes
Judicial and administrative: income withholding includes, but is not limited to,
wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust
income, annuities, capital gains, social security benefits, worker's
compensation benefits, unemployment insurance benefits, disability insurance
benefits, and any other payments made by any person, private entity, federal,
state, or local government.
may have.
have.
Administrative license suspension
If another state wants to register a lien in Louisiana, it should be forwarded
to the Clerk of Court in the parish where the NCP and/or property is located.
registration?
AEI
Another state's order is registered in the appropriate court. After
registration, the order is enforceable in the same manner as an order issued by
this state.
Additional judicial procedures may include contempt charges, CNF, etc.
(UEFJA)?
No
Yes
Yes
information?
Equifax Transunion Experian
Administrative
state, or both?
Both
For initial reporting: a current case must owe twice the current monthly
ogligation; an arrears only case must have a balance owed of $1000.`
every three years)?
Every three years or upon proof of a substantial change in circumstances
Upon request of the CP, NCP, or the state in TANF cases.
Both parties are provided a 30 day advance notice of the review, and an
additional 30 day notice after the review to challenge the decision. If the
review indicates a change in the amount of child support based on the
Guidelines, the matter is scheduled for court.
order)?
For the 3 year review, no change in circumstances is required. Upon review due
to a change in circumstances, application of the Guidelines must result in at
least a 25% change before the matter is scheduled for court.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Extraordinary expenses of the child such as special schooling needs.
No
The Circuit Court of Appeals have issued split opinion when giving credit for
SSA disability to current and past due support.
No

State Registrar/Vital Records website www.dhh.louisiana.gov/offices/?ID=252
1) Child Support Enforcement Transmittal #1 (requesting registration for
enforcement and modification) 2) General Testimony 3) Uniform Support Petition
(when requesting modification of an existing order that the responding state did
not issue) 4) 2 copies, one of which is a certifed copy, of the order to be
reviewed (if the responding state did not issue the order) 5) Registration
Statement
No
No
No
reported?
payment?
Yes
cover the lump sum?
Specificlly to cover the lump sum.
Yes
payment?
Notice of Delinquency, SES 355
No

Up to 50% of disposable earnings per R.S. 13:3881
No
Massachusetts
combination)?
There are five regional offices and two satellite offices. In addition, there is
a customer service call center.
Including, but not limited to, Trial Court Department, District Attorneys,
Department of Employment and Training, Department of Public Health - Bureau of
Vital Statistics, Department of Industrial Accidents, Department of Transitional
Assistance, Office of the State Treasury, Division of Registration and other
agencies that assist with location.
Yes.
M.G.L. c. 119A, § 3(a)
No.
N/A
B. UIFSA
Act (UIFSA)?
02/10/1995
02/10/1995
M.G.L. c. 209D.
version)?
1996
N/A

Austria, British Columbia, Germany, Manitoba, Norway, Nova Scotia, Nunavut,
Sweden, United Kingdom.
No
No. We don't provide this service.
No
services.

18 years of age.
M.G.L. c. 4, s 7.
18 years of age.
No
emancipate?
No
In answer to D5 above, no, not automatically.
Yes
A court, in its discretion, may order support up to age: 1. 21 if a child is
domiciled with a parent and principally dependent on that parent. 2. 23 if a
child is domiciled with a parent and principally dependent on that parent due to
the child's enrollment in an education program, excluding educational costs
beyond an undergraduate degree. M.G.L. c.208, s.28; M.G.L. c.209c,s 9. A court
may also order support for an adult child who is mentally or physically
disabled. (See Fienberg v. Diamant, 378 Mass. 131, 389 N.E.2d 998 (1979)).
No
We follow the terms of the court order and do no automatically reduce current
support unless the order is a per child order.
support?
None.
None.
No
possible.
Percentage of Income Model.
Yes
conditions.
12% annually. Depending upon payments received, in accordance with
Massachusetts' regulations, obligors might not be assessed interest or might be
eligible to apply for a waiver under certain circumstances. M.G.L. c.119A, s6(a)
830 CMR s119A.6.1
Yes
conditions.
12%. Depending upon payments received, in accordance with Massachusetts's
regulations, obligors might not be assessed interest or might be eligible to
apply for a waiver under certain circumstances. M.G.L. 119A, s6(a), 830 CMR
s119A.6.1
Yes
conditions.
12%. Depending upon payments received, in accordance with Massachusetts's
regulations, obligors might not be assessed interest or might be eligible to
apply for a waiver under certain circumstances. M.G.L. 119A, ?(6)(a), 830 CMR
?119A.6.1.
medical bill?
Yes
Only if that provision is part of the original child support order. The order
must be for a sum certain and reduced to a judgement.
Yes
In some cases, the costs for genetic marker tests may be passed on to the
parties.
In some cases, the costs for genetic marker tests may be passed on to the
parties.
No
M.G.L. c. 209D, s 2-201
Yes
DOR DOES NOT establish or modify spousal support orders; however DOR enforces
spousal support for a custodial parent of a child receiving IV-D services.
No
If the Massachusetts court requires information about a new spouse or partner in
a specific case, DOR will ask the initiating state to provide it.
withholding)?
Income withholding, wage withholding, wage assignment, income assignment.
Federally excluded sources only, no sources excluded by state law.
No
payments?
Up to $1.00 per deduction.
No later than the first pay period occurring three working days after the date
of the notice.
employee's pay?
Within three working days of the paydate/date of withholding.
DOR sends a series of employer compliance letters to employers who fail to
withhold child support or fail to remit the payments. If an employer does not
properly respond to the employer compliance letters, DOR attorneys have the
option to take legal action against the employer.
Massachusetts law provides that the employers who fail to withhold child support
or withhold child support and fail to remit the payments to DOR, will be liable
for the child support due and a penalty equal to the amount of child support due
or $500, whichever is greater.
Yes
lines.
Yes
State lines.

Noncustodial parent requests an administrative review. DOR conducts a review of
documentation submitted by the noncustodial parent and issues a final
determination, which is subject to judicial review.
A Withholding order issued by our state does not have any more weight than a
withholding order issued by another state. When the obligor has more than one
claim for child support against his/her income and not enough income to pay all
orders in full, DOR advises the employer to pro rate the orders. See M.G.L. c.
119a. s.12(f)(5).
assistance?
Yes
proceed.
No. Massachusetts follows the federal guidelines for disposable income as
specified in the federal CCPA limits.
termination?
When an employee terminates employment, the employer must notify us of the
termination prior to the time the next payment to the child support agency would
have been due. M.G.L. c. 119A, s. 12 (f) (7)
rehired?
We send a new IWO when the employer reports via new hire.
No.
Yes.
Massachusetts priority of withholding is as follows: 1) Deduct the amount
required to pay the current monthly child support (not including any periodic
payment toward arrears). 2) Deduct the amounts required to pay the current
monthly family health insurance premiums and/or other current medical support.
3) Deduct any amount ordered for the payment of arrears. 4) Deduct any remaining
ordered amount.
H. Paternity
No
Custody and visitation are not routinely addressed in a child support proceeding
and are never addressed by DOR's attorneys. As a practical matter, however, the
court may include language in the child support order regarding custody and
visitation.
97%.
60 days from the date the acknowledgment is signed and properly filed.
04/13/1994
Yes

Yes
May be rebutted by testimony as to lack of access or genetic testing.
determined?
No
Prior to April 13, 1994, a father's name on the birth certificate was not a
conclusive determination of paternity. After April 13, 1994, the father's name
is placed on the birth certificate only if a court adjudicates paternity or the
father signs a voluntray acknowledgement. Paternity is conclusively determined
at the time of the court adjudication or the 60 day rescision period after the
mother and father sign the acknowledgement has elapsed.
Yes
M.G.L. c. 209C, s 6: Attempted to marry, jointly held out child as own;
acknowledged paternity in a parental responsibility claim.
Yes
Department of Social Services
Yes
Fees are $6.00 per certified copy; $11.00 per search (which includes one
certified copy). Fees may be waived with documentation of receipt of public
assistance benefits.
No
Written testimony or paternity affidavit is acceptable in UIFSA cases. In
addition, the court has discretion to allow other forms of testimony.
provisions.
M.G.L. c. 209D, s 2-201.
No
As of April 13, 1994, paternity must be established before a father's name may
be placed on a birth certificate. Paternity may be established via either a
voluntary acknowledgment or court order. If a voluntary acknowledgment is
completed, the father's name will be placed on the birth certificate
automatically. If paternity is established via court order, the order must also
provide that the birth record be amended and the court must provide data
required by the Registry of Vital Records to amend the record.
04/13/1994
child?
One transmittal with a paternity affidavit and birth certificate for each child
is required.
support obligation?
Judicial process.

The custodial parent's income is also considered. In addition, Massachusetts
Child Support Guidelines allow DOR to consider the income of the spouse, but DOR
does not require this information. If the Massachusetts court requires the
information in a specific case, DOR will ask the initiating state to provide it.
The presumptive guidelines may be rebutted if the noncustodial parent has other
children whom he is legally required to support.
Yes
Depends upon the circumstances of the case, may go as far back as prenatal
period.
The petition of a party and information/ documentation showing that the parent
is chargeable with the support of the child, including information regarding the
parent's ability to pay during that time period.

No
subpoena?
No.
Generally no, but some individual courts require.
expended?
We require verification of legal custody or guardianship before we will transfer
payments, unless the new custodian receives public assistance for the child.
The answer may vary on a case-by-case basis but as a general rule the other
state should request a modification.
both?
Administrative procedures available.
Property subject to lien 30 days after DOR sends notice of child support debt.
Where agency determines collection of debt will be jeopardized by delay, lien
may be filed without regard to 30-day period.
RE- Registry of Deeds where the obligor resides or owns property. PP-Secretary
of State, Registrar of Motor Vehicles, a municipality or other office/agency
responsible for filing liens.
No

Yes
both?
Administrative and judicial procedures available.
Notice sent annually
No
Yes
The State.
be sent?
Massachusetts law requires DOR to send timely written notice to the obligor of
any action taken to perfect a lien, execute a levy or seize any property.
DOR does not issue bank levies unless the obligor has received notice of the
child support debt within the last 12 months, there is a valid court order and
either of the following financial criteria is met: arrears, interest and
penalty, less amounts on hold, are $1,500 or more or the obligor has failed to
make any "non-enforcement" payments in the prior 6 weeks. (A "non-enforcement"
payment is a payment made without the use of administrative enforcement action).
There is no minimum dollar amount, as obligors are eligible for bank levy if
arrears, interest and penalties equal $1,500 or more or if there have been no
payments (other than those collected as a result of enforcement actions) in the
past 6 weeks.
DOR can proceed with bank levy as long as 30 days have passed since the initial
notice of the child support debt was sent to the obligor. Where agency
determines collection of debt will be jeopardized by delay, bank levy can
proceed without regard to 30-day period.
See J5.1
No
N/A
No
N/A
No, but financial institutions are instructed not to send a payment if the
amount to be levied, minus the bank's processing fee, is less than $25.
Financial Institution.
action?
Obligor and/or account holders must contact agency within 15 days of date notice
was sent to obligor to challenge the levy.
action?
If an obligor or joint account holder disagrees with the agency's decision
regarding the challenge to the bank levy, the obligor or joint account holder
can file a complaint for judicial review within 45 days of the date of the
agency's decision.
Obligor or other account holder can challenge the bank levy on the grounds that
the funds in the account are not subject to levy because they were deposited
from a needs-based benefits program, funds do not belong to the obligor and the
obligor derives no personal benefit from the funds, or the amount levied is more
than the amount owed; that no arrears are owed; that the account holder is not
the child support obligor; or because the levy will cause severe financial
hardship.
both?
Administrative
None
Judicial - obligor can file a complaint for judicial review.
15 days from date of notice. No unique requirements. Non-Debtor has same appeal
rights as obligor.
Centralized and Automated.
None
No
N/A (See also J5.5)
Yes
If the property to be levied is a security, or shares of a mutual fund other
than a money market mutual fund, the obligor may sell or repurchase such
securities or shares in the ordinary or usual course of investing, but may not
receive funds resulting from such sale for a period up to 45 days. At the end of
the 45 days, if the agency has not rescinded the levy, extended the time period,
or otherwise notified the financial institution not to remit the funds, the
financial institution must liquidate sufficient securities or shares to satisfy
the full amount of the lien and remit the liquidated funds to DOR. M.G.L. c.
119A, § 6(b)(6).
period?
The financial institution is instructed to hold the levied funds for a period of
21 days. Upon receipt of levied funds from the financial institution, the agency
holds the funds for an additional 21 days.

The financial institution is required to remit the obligor's assets at the end
of the 21-day hold period.
See J5.19
Yes
Worker's compensation, unemployment compensation - administrative procedures
available.
may have.
Insurance liens- administrative procedures available.
have.
Contempt- judicial procedures available.
DOR has not established specific procedures for registering administrative
liens. When another state wants to register an administrative lien, it must send
a UIFSA request for enforcement to DOR. Any lien DOR has, whether it is an
in-state or out-of-state debt, would cover any and all arrearages we are
enforcing.
registration?
Depending upon the facts of the case, DOR will use any or all administrative
remedies without registration.
DOR registers an order for enforcement if the noncustodial parent requests
administrative review to contest administrative enforcement and is unsatisfied
with DOR's final determination, or if DOR determines it is appropriate to pursue
contempt or other judicial enforcement.
No procedures are required.
(UEFJA)?
No
Yes.
N/A
Yes
information?
Experian, Equifax, and Innovis
Administrative.
state, or both?
Responding state only.
The eligibility criteria for credit reporting are: the obligor has received
notice of the child support debt within the last 12 months, there is a valid
court order and arrears plus interest in all eligible cases, less amounts on
hold, is $1,500 or more.
every three years)?
Every three years in TANF cases or upon request in TANF and non-TANF cases.
On request in non-TANF and TANF cases; automatically in TANF cases.
Modification is a judicial process. Modification is pursued if an adjustment is
warranted based upon application of the Child Support Guidelines or the need for
health care coverage, or if a complaint to modify is filed with the court.
order)?
If medical support needs to be established or if when the Child Support
Guidelines are applied, the result is an amount that differs from the current
order by 20%.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
Massachusetts General Law provide that child support orders shall be modified if
there is an inconsistency between the amount of the existing order and the
amount that would result from application of the child support guidelines.
M.G.L. c. 208, s.28, M.G.L.c.209C, s.20, M.G.L.c.209 s.37. A change in
circumstances, therefore, is not required for an order to be modified. The
criteria in K5.1, K5.2, K5.3, K5.5 and K5.6 could all affect the guidelines
amount and therefore would potentially result in a modification of the child
support order.
No
MA law requires a noncustodial parent to seek a modification to receive credit
for Social Security dependent benefits.
No
We follow the terms of the court order and do not administratively abate support
for cases with current support orders. See our arrears management regulation
(830 CMR 119A.6.2) for information about arrears only cases.
N/A

Requests may be made by mail to, Registry of Vital Records and Statistics, 150
Mount Vernon Street, 1st floor, Dorchester, MA 02125-3105. The cost of a record
requested by mail is $28.00 each. Records may also be requested by e-mail at
uscerts.com for a cost of $42.50 each. Records are also available by fax or
telephone with a major credit card. For more detailed information about requests
and fees, please see:
http://www.mass.gov/?pageID=eohhs2terminal&L=4&L0=Home&L1=Consumer&L2=Basic+Need
s&L3=Vital+Records&sid=Eeohhs2&b=terminalcontent&f=dph_vital_records_c_obtaining
_copies&csid=Eeohhs2#bytelephone
Child Support Enforcement Transmittal #1 - Initial Request Registration
Statement General Testimony Child Support Order or Divorce Decree - certified
copy Prior support orders (only if arrears are impacted) Affidavit of Arrears
reported?
payment?

cover the lump sum?
payment?
Maryland
combination)?
State Administered/County Operated.
24
Prosecutors, Sheriffs and Clerks of Court.
Yes
Family Law Article §10-115
No
Act (UIFSA)?
1996
01/01/1997
Family Law Article §10-301 - 10-359, Annotated Code of Maryland.
For additional information: http://mlis.state.md.us/
version)?
1996

Australia, Canada - Edmonton Alberta, Winnepeg Manitoba, Frederickton New
Brunswick, St. John's Newfoundland , Halifax Nova Scotia , Toronto Ontario,
Charlottetown Prince Edward Island, Saskatchewan, Yukon Territory, England &
Wales, France, Ireland, Heidelberg Germany, Berlin Germany, Hungary, Dublin
Ireland, Jamaica, Poland, Scotland and Sweden
No
No
services.
D. Age of Majority
Age 18, or up to 19 as long as child enrolled in secondary school.
Article I,§24, Annotated Code of Maryland
18 years of age, or up to age 19 as long as enrolled in secondary school.
Yes
Age 19 only for orders issued after 10/01/02
emancipate?
No
Yes
A person who had reached the age of eighteen and is enrolled in secondary school
has the right to support from both parents until the age of nineteen or is no
longer enrolled, whichever is the first to occur. For court orders established
before October 1, 2002, the order must be modified to provide for the continued
support. The court may order support or a disabled adult child, or if the
parties involved agree to support the child through 4 years of college or higher
education.
support?
Child support arrears are owed until paid.
18 years of age.
No
possible.
F. Support Details
Income shares.
No
conditions.

No
conditions.

Yes
conditions.
Law allows for 10% simple interest on money judgments. Only applied in limited
number of cases by direction of the court.
medical bill?
No
Will only enforce a specific dollar amount to be paid at specific intervals as
ordered by the court.
Yes
$25 fee for offset of federal payments $10 fee for offset of state tax refund
$25 application fee
In interstate cases if an obligee prevails a responding tribunal may assess
against an obligor filing fees, reasonable attorney fees, other costs and
necessary travel and other reasonable expenses incurred by the obligee and the
obligee's witnesses.The tribunal may also order payment of costs and attorney's
fees if it determines that a hearing was requested primarily for delay.
Yes
Cost of blood testing for adjudicated paternity.
Courts and Judicial Proceeding Article §6-103.1 and §6-103.2; Family Law Article
§10-304 and ??10-305, Annotated Code of Maryland.
No
No
withholding)?
Wage Withholding or Earnings Withholding.
Benefits from means-tested public assistance programs, including Temporary Cash
Assistance (TCA), Supplementary Security Income (SSI), food stamps, and
transitional emergency, medical and housing assistance.
No
payments?
$2 per withholding (voluntary)
Employer shall implement wage withholding with the next pay period after receipt
of the order.
employee's pay?
Within 7 days, not including Sat., Sun., or a legal holiday, after the day on
which the earnings are paid to the obligor.
Recipient or support enforcement agency may bring civil action against employer.
An employer is liable for damages equal to the amount of withholding. Employer's
liability shall be in addition to any amounts paid directly or indirectly by the
obligor.
No
lines.
No
State lines.

The obligor may contest service of an earnings withholding order by moving for a
stay of the order no later than 15 days after a copy of the withholding order is
mailed to the obligor.
All child support orders are given equal weight under the Federal Full Faith and
Credit for Child Support Orders Act. Current support takes priority over
payments on arrears. Employers must deduct the full amount of all orders up to
the limits of the Federal Consumer Credit Protection Act. The State Disbursement
Unit distributes receipts to cases per 45 CFR §302.51
assistance?
Yes
proceed.
Family Law Article §10-120 thru 139
termination?
rehired?
Employer
Current Support, Arrears, and Medical Support
H. Paternity
Yes
However, only the issue of custody is addressed.
99.9%
07/01/1997
Yes
Created a rebuttable presumption of paternity in a court proceeding.
Yes
Presumption may be rebutted by the testimony of a person other than the mother
or her husband.
determined?
No
Prior to 10/1/1993, there were no controls on who could be named on a birth
certificate as father of a child. After 10/01/1993, a signed Affidavit of
Parentage was required to enter a father's name on a birth certificate.
Paternity can still be challenged at a later date and no action is taken to
subsequently remove the named father if the paternity is overturned,unless by
court order.
No
This issue is addressed in H5 & H5.1
No
No

Yes
Parties must be free to marry, must show intent to be married by presenting
themselves to the public as husband and wife, MD will recognize the validity of
a common-law marriage enterered into a jurisdiction that recognizes such a
marriage.
03/07/1952
Affidavit. Teleconferencing available in some jurisdictions.
provisions.
Courts and Judidcial Proceedings Article 6-103.1 and 6-103.2; Family Law Article
10-304 and 10-305, Annotated Code of Maryland
Yes
If genetic testing is required and the initiating state has requested recovery
of costs.
Court order, Affidavit of Parentage
child?

support obligation?
Judicial process.
No administrative process.
All circumstances
Only parent's income.
The presumption may be rebutted by evidence that the application of the
guidelines would be unjust or inappropriate in a particular case.
No
N/A
N/A
No
Limited to support back to date of filing complaint
Paternity established administratively and Affidavit of Parentage
Family Law Article § 5-1028 - Paternity only
subpoena?
No
No
expended?
No
No
Modification
both?
Administrative.
Yes. The lien must be filed by the Administration. Liens received from another
state must be sent to the Central Registry
$500 minimum delinquency and no payment for more 60 days for sole ownership
accounts; use of the remedy by local agencies is discretionary.
Circuit Court for the County in which the asset is located.
Yes
Statewide: $15 for recording, $25 Writ of Garnishment.
Yes
both?
Judicial Process available with Registration.
IV-D agency can use administrative process to create a lien, but must use
judicial process to enforce the lien through Writ of Garnishment.
when case becomes delinquent.
No
Yes
Both
be sent?
Simultaneously
$500 minimum delinquency and no payment for more than 60 days for sole ownership
accounts. Trust or escrow accounts, joint accounts, accounts obligor is solely
acting as a representative for another person are exempted. An account will not
be seized if the seizure would cause an undue hardship on an intact second
family.
$500
Yes
$500 minimum delinquency and no payments for more than 60 days for sole
ownership accounts.
No
N/A
No
State does not seize joint accounts.
Accounts must have in excess of $2,500 for a lien to be attached to the assests.
State
action?
Obligor may file a request for an investigation with the Administration or file
a motion with the circuit court within 30 days from the date of notice.
action?
Obligor may file an appeal of the Administration's decision to the Office of
Administrative Hearing or to the circuit court within 30 days after the notice
is sent to the obligor.
A mistake in the identity of the obligor; a mistake in ownership of an account;
a mistake in the contents of an account; a mistake in the amount of arrearage
due; or other good cause.
both?
Both
Financial institution has no liability. The State's liability is in Family Law
Article, §10-108.4, Annotated Code of Maryland.
Both
Administration releases funds of account holder of interest.
Not centralized. not automated.
If there is a joint account holder, financial intitution may choose not to
garnish the account (varies from institution to institution). If a garnishment
is based on a court ordered judgment, the judgment amount cannot be older than
12 years.
No
N/A
No
N/A
period?
The financial institution holds the assets until the Administration notifies
them to forward the assets to the Administration or release the hold on the
assets.
A timeframe is not specified.
N/A
Yes
Withholding of unemployment compensation is an administrative process.
may have.
Administrative processes are Passport Denial, State Lottery Intercept, and
Medical Support Withholding.
have.
Contempt proceeding for failure to make payments under a court order.
No procedures.
registration?
All enforcement remedies with the exception of contempt proceedings. However,
administrative process can be contested in court. Therefore, if contested, the
order must be registered to proceed.
The Interstate Central Registry receives UIFSA package, reviews documentation,
and forwards package to proper local courts; Petition for registration must
indicate any unpaid support and a list of other states in which the support
order is registered.
Obligor is notified of registration and may contest; if obligor defaults, the
court enters the order confirming the registered support order and determines
the amount of unpaid support.
(UEFJA)?
No
information?
state, or both?
every three years)?
Review may be requested every 3 years or upon evidence of a substantial change
in circumstances of more than 6 months duration.
On the request of either CP, or NCP.
Review requested- parties must submit income and expense
information/verification- guidelines calculation run- petition to modify.
order)?
25% more/less than existing support obligation.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
A prisoner's incarceration may constitute a material change of circumstances if
the effect on the prisoner's ability to pay child support is sufficiently
reduced due to incarceration.
No
N/A
For current support, SSA disability is counted as income to the obligor but
subtracted form the obligor's support amount. For adjusting arrears balances, if
the amount of the benefit exceeds the previous support obligation amount, the
Administration shall: Determine the amount of arrears, if any, that accrued
under the previous order after the effective date the benefit was awarded,
Determine the difference between the amount paid to the child in the form of
benefits and the amount owed by the non-custodial parent under the previous
support obligation., Credit the amount of the excess payment to the child
support arrears. The amount of the excess payment may not be credited to arrears
that accrued prior to the effective date of the benefits nor to arrears that
accrue after the new support obligation is in effect.
Yes
Only when ordered by the court.
N/A
N/A
Request may be made by either calling the Division of Vital Records at
(410)764-3187 or faxing to (410)358-0738. There is no cost for processing the
request.
UIFSA laws or best practices dictate required documentation which is obtained by
Maryland Central Registry for local agencies' cases.
No
N/A
N/A
No
N/A
No
reported?
N/A
N/A
N/A
N/A
payment?
Yes
cover the lump sum?
Income Withholding Orders can apply to lump sum payments but only for the
monthly court ordered amount of child support.
Yes
payment?
Liens
None
No
N/A
N/A
Yes
Yes
Maine
combination)?
Nine plus the Central Office.
State of Maine, Judicial Branch; Office of the Attorney General
Yes
19-A MRSA §2103
No
Act (UIFSA)?
04/15/1994
7/1/1995
19-A MRSA §2801-§3401.
http://janus.state.me.us/legis/statutes/19-A/title19-Ach67sec0.html
version)?
None
2001
2003
C. Reciprocity
Germany, United Kingdom, Sweden, and Province of Newfoundland, Labrador,
Dominion of Canada and Province of Quebec.
No
services.

18 years of age.
19-A MRSA §1653(12).
18 years of age, unless the child is attending secondary school, then until the
child graduates, withdraws or is expelled from secondary school or attains 19
years of age, whichever occurs first; becomes married; or becomes a member of
the armed services.
Yes
Orders issued before 01/01/1990 expire when the child turns 18. However, they
can be modified before the child turns 18 and extended to secondary school or
until 19, whichever occurs first.
emancipate?
No
Child support orders do not automatically terminate per child when a child
emancipates if there are multiple children and the order does not differentiate.
If there are multiple children subject to the order the parties must modify the
order appropriately.
Yes
Could be ordered by the court.
support?
None, but there is a presumption of payment after 20 years.
Before the child's 18th birthday.
No
possible.
No
conditions.
Althought the State of Maine does not charge interest it is authorized by
statute. 19-A MRSA §2354 states that Commissioner (DHHS) may collect interest of
6% per annum on any support due or owing to the Department. 14 MRSA §1602-B
authorizes pre-judgment interest of 8% per annum and §1602-C authorizes
post-judgment interest of 15% per annum.
No
conditions.

No
conditions.
medical bill?
Yes
After the custodial parent pays the uninsured medical and submits a request to
the non-custodial parent to pay. If the non-custodial parent refuses, the State
will proceed on behalf of the custodial parent.
No
Yes
If they are a lump sum. Do not collect on an ongoing basis.
14 MRSA §704-A, 19-A MRSA §1602, and §2253.
http://janus.state.me.us/legis/statutes/14/title14sec704-A.html
Yes
Enforce existing spousal support obligations only in conjunction with accruing
child support.
No
withholding)?
Income withholding.
19-A MRSA §2673 Defines Income.
No
payments?
$2
Immediately begin to withhold the obligor's income when the obligor is usually
paid.
employee's pay?
7 business days.
Payor is contacted to determine why income withholding was not implemented.
Department will take legal action against payors who knowingly fail to withhold
income.
$100 fine per occurrence.
No
lines.
No
State lines.

Through an administrative hearing.
First to current support (proportionately among multiple cases), then to
non-TANF arrears (except for income tax refund) proportionately. IV-D Program's
computers are programmed to split current support proportionately, then
non-welfare arrears and then TANF arrears proportionately.
assistance?
Yes
proceed.
termination?
rehired?
Yes
Maine's statute does not prioritize.
H. Paternity
Yes
However, 19-A MRSA §1565(2) states the court may order an allocation of parental
rights and responsibilities. If either party objects to the allocation, that
party must file a complaint with the court and an order from that action
supersedes the initial allocation.
97%
1954
No

Yes
The burden of persuasion is beyond a reasonable doubt. A genetic test will rebut
the presumption as well as evidence that the father did not have access to the
mother.
determined?
Yes

No

No
Yes
None.
No
Judicial discretion to allow telephone conferencing or any other manner.
provisions.
14 MRSA §704-A, 19-A MRSA §1602, and §2253.
http://janus.state.me.us/legis/statutes/14/title14sec704-A.html
No
Either an Acknowledgement of Paternity or an adjudication by the Court is
required prior to putting a father's name on the birth certificate.
child?

support obligation?
Administrative or judicial process can be used to establish a support
obligation.
The administrative process is used unless a court has assumed jurisdiction over
the parties and the issue.
Judicial process used when court has assumed jurisdiction over the parties and
issue.
19-A MRSA §2251-2456
CP's. The available income and financial contributions of the domestic associate
or current spouse of each party and a child's financial resources can be reasons
to justify deviating from the support guidelines.
1. There are more than 6 children for whom support is being established. 2. The
interrelation of the total support obligation, the division of property and a
spousal support award made in the same proceeding. 3. The financial resources of
the child. 4. The financial resources and needs of a party, including
nonrecurring income not included in the definition of gross income. 5. The
standard of living the child would have enjoyed if the marital relationship had
continued. 6. The physical and emotional conditions of each child. 7. The
educational needs of each child. 8. Inflation with relation to the cost of
living. 9. Available income and financial contributions of the domestic
associate or current spouse of each party. 10. The existence of other persons
who are actually financially dependent on either party. 11. The tax consequences
of the support award. 12. The fact that income at a reasonable rate of return
may be imputed to non income producing assets with an aggregate value of $10,000
or more. 13. The existence of special circumstances of a child 12 years or older
which for the child's best interest require the custodial parent to continue to
provide employement related day-care. 14. The NCP's substantial financial
obligation regarding the costs of transportation of each child for the purposes
of parent and child contact (to be substantial must exceed 15% of the yearly
support obligation). 15. A finding by the court or hearing officer that the
application of the guidelines would be unjust, inappropriate or not in the
child's best interest.
Yes
A support order can be established for a period up to 6 years prior to the date
of commencement of the action.
The CP's affirmation.
Yes
For a period of up to 6 years prior to the date of commencement of the action.
Maine uses the administrative process for paternity, establishment, modification
and enforcement of child support.
Title 5 MRSA §8001
subpoena?
No
expended?
both?
Administrative.
Administrative or Judicial
21 days after receip of Notice of Debt or 30 days after IV-D Agency's decision
that requires non-custodial parent to pay child support.
RP- County Registry of Deeds PP - Secretary of State.
Yes
$15 copy additional pages are $15 each. First page may be received
electronically for $10.
Yes
both?
Judicial and administrative.
Administrative.
When Case becomes delinquent.
No
Yes
State.
be sent?
Simultaneously.
No minimum delinquency amount. No specified number of months delinquent. No
accounts exempted.
None
action?
action?

both?
If using administrative process, review is administrative with right to appeal
to court; if using judicial process, complaint is resolved judicially.
None
21 days from date of mailing. No unique requirements. Non-debtor has same appeal
rights as obligor.
Centralized. Not automated.
None.
period?

Yes
Administrative.
may have.
have.
Seek work orders.
Under development.
http://janus.state.me.us/legis/statutes/14/title14ch740sec0.html
registration?
All administrative remedies are available without requiring registration of the
order. Other states' orders are enforced in the same manner as Maine orders.
N/A
Order would need to be registered to proceed with a judicial action.
(UEFJA)?
Yes
14 MRSA §8001.
http://janus.state.me.us/legis/statutes/14/title14ch740sec0.html
information?
state, or both?
every three years)?
Notices are sent to parents every three years informing them of the availability
of order review.
Administrative orders are reviewed at the request of the CP, NCP or the
Department. The Department assists with the court order reviews at the request
of the CP or NCP.
Administrative orders are reviewed at the request of either party. Income
information is collected from both parties. The child support order is
calculated based on current circumstances. If the new order would be 15% higher
than the present order, or there has been a substantial change in circumstances,
the administrative review proceeds. Court orders are reviewed in the same
manner.
order)?
If an order is more than 3 years old, the tribunal must review the order. For
orders less than 3 years old, there must be a substantial change in
circumstances. Any order that would increase by 15% or more is considered a
substantial change in circumstances and must be reviewed.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes

No
If a child receives dependent benefits as a result of the obligor parent's
disability, any tribunal establishing, reviewing or modifying the child support
obligation or debt shall give the obligor parent credit for the dependent
benefits paid to the child.

If a non-cusotidal parent is in receipt of means-tested public assistance
support may be abated.
19-A MRSA §2001(5)(G)

State Bureau of Vital Statistics
reported?
payment?

cover the lump sum?
payment?
Michigan
combination)?
Support Specialists are located in 2 offices. One is located in Central
Office/Lansing and the other is located in southeast Michigan/Detroit.
Friends of the Court and Prosecuting Attorneys.
Act (UIFSA)?
11/1996
06/01/1997
MCL 552.1101 et. seq.
http://www.mileg.org/mileg.asp?page=getObject&objName=mcl-552-1101&userid=
version)?
1996 Version

Canada - Alberta, British Columbia, Manitoba, Nova Scotia, New Brunswick,
Newfoundland/Labrador, Ontario, Prince Edward Island, France, Germany, Australia
and Great Britain.
Yes
No
services.

18, but may order until 19 1/2 for completion of high school, or beyond 19 1/2
by agreement of the parties.
MCL 722.3 MCL 722.3a status of Minors Act.
18 years of age.
No
emancipate?
No
Yes
19 1/2 years of age for completion of high school or beyond 19 1/2 by agreement
of the parties.
support?
10 years after last obligation due, and affirmative defense.
Before child's 18th birthday.
No
possible.
Modified income shares.
No
conditions.
Charging interest on child support debts is against state law [MCL 552.603(8)].
A surcharge is assessed twice a year on all unpaid support showed owing on
January 1 and July 1 less an amount equal to one month's support, pursuant to
552.603a. Surcharge is assessed on cases when both case and docket status is
open and is based on the average interest paid at auction for five year United
States Treasury notes [T-Note] for six months preceding January 1 and July 1,
plus one percent. Surcharge calculation is ([T-Note Amount + 1]/2/)/100.
Surcharge assessed prior to January 15, 2004 will compound, however, surcharge
assessed after January 15, 2004 will no longer compound. Surcharge will not be
assessed on any support ordered before the orders issue date. This applies to
orders where the issue date is July 1, 2004 and after.
No
conditions.
However, support is not exempt from surcharge if the original order was entered
by the court before July 1, 2004. If the retroactive support is ordered to be
paid in periodic payments, those periodic payments which come due and remain
unpaid are subject to surcharge.
No
conditions.
medical bill?
Yes
Proportional share of medical expenses as determined by State formula.
Yes
None
Michigan collects service fees (SF) as authorized by MCL 722.729; 552.23(3);
552.457(1); and 780.173(1) when ordered by the court, and processing fees
(PF)authorized under MCL 600.2538 for Michigan initiated cases and cases that
Michigan has CEJ.
Yes
UIFSA - MCL 552.1201 Revised Judicature Act, MCL 600.701 - 600.775.
No
Orders can be entered by the court, but not established by IV-D. Spousal
Maintenance Orders can be enforced if accompanying a child support obligation.
Orders can be modified by the court but not handled by IV-D.
Yes
Properly completed interstate forms packages provides all required information.
withholding)?
Income Withholding Notice (IWN). Interstate Income Withholding Order (IIW). Wage
Withholding.
Public Assistance and certain qualified Retirement Plans and Veterans benefits.
No
payments?
None. Michigan does not allow employers to charge fees for income withholding.
The income withholding is binding seven days after service on an employer.
employee's pay?
Within three days of withholding.
Contempt of Court powers.
Contempt of Court powers.
Yes
lines.
Send Income Withholding Notice to the Michigan Employment Security Agency,
address is located under FIPS address.
Yes
State lines.
Send writing of Contempt for lump sum payment to local insurance carrier.
Must contest through the local Friend of the Court within 21 days of filing of
order.
Withheld income is applied proportionately to current obligations under all
orders, then to ordered on arrears under all orders, then arrears under all
orders. Example: Obligor has two support orders for current support, with order
"A" requiring $100 per week and order "B" requiring $50 per week. Due to CCPA
limitations, the obligor only has $100 per week available income, so $66.67
(approx.)would be applied to order "A" and $33.33 (approx.) applied to order
"B".
assistance?
Yes
proceed.
The amount of medical premium that can be deducted from gross income is the
difference between single and family coverage.
termination?
When employment is terminated or interrupted for a period of 14 or more
consecutive days.
rehired?
Not addressed in statute. We anticipate that the employer will use the existing
IWN request if the obligor returns to employment unless otherwise noticed.
No
No
Employer, Worker's Compensation Agency, Unemployment Insurance Agency.
Current support, arrears and then medical support.
H. Paternity
Yes
Support and Parenting Time Enforcement Act 295 of 1982 For Additional
Information: http://www.michiganlegislature.org
99% or higher Probate Code of 1939 (Excerpt) Act 288 of 1939MCL 712.12
Has always has been conclusive proof of paternity. However, MCLA 722.1011
states, the mother of the child, the father of the child or a prosecuting
attorney can file for revocation of an acknowledgement of parentage on the
following grounds: (a) Mistake of Fact (b) Newly discovered evidence that by due
diligence could not have been found before the acknowledgement was signed. (c)
Fraud (d) Misrepresentation or misconduct (e) Duress in signing the
acknowledgment The party filing the claim for revocation has the burden of
proving by clear and convincing evidence, that the man is not the father and
that, considering the equities of the case, revocation of the acknowledgement is
proper. The procedures for determination of a claim for revocation apply to all
acknowledgements , including those signed before the effective date of the act.
06/01/1997
No
See H3.1
Yes
Only in a court proceeding, if child is not a product of the marriage. And, only
if the putative father is available and then the legal father excluded.
determined?
Yes
Can only be included if legal father through marriage or by signing paternity
affidavit.
No

No
Yes
None.
No
No, common law marriage has not been recognized since 1/1/1957 in Michigan.
http://www.michiganlegislature.org/mileg.asp?page-getObject&objName=mcl-551-2&hi
ghlight=marriage
01/01/1957
Please see MCL551-2
Deposition; Teleconferencing may be possible in uniquely arranged circumstances.
provisions.
MCL 552.1201 Uniform Interstate Family Support Act (Excerpt) Act 310 of 1996
Yes
Initating state pays the costs for genetic testing. Responding state will place
a repayment clause in the order if the genetic test does not exclude the man as
father.
Please see MCL 333.2872 and MCL 333.2891
09/30/1978
child?
One set of documents with a paternity affidavit for each child.
support obligation?
Judicial.
UIFSA/URESA petitions handled by prosecuting Attorney in county of respondent.
UIFSA/URESA Registration requests are handled by Friend of the Court in
obligor's county of residence; Interstate Income Withholding requests processed
by Friend of the Court in the county where the obligor's employer is located;
Support collections made under any type of MI child support order processed by
Friend of the Court where order is entered.
For Additional Information - Please see MCL 552/517
The formula considers such issues as the income of each parent, family size,
child care expenses, otherminor children, and pre-existing support orders. The
Custodial Parent's net income/assets are used, also new spouse and child's
income can affect the calculation.
If applying guidelines would be unfair or unjust. MCL 552.605(2)
Yes
In paternity cases, a child support order is retroactive only to the date the
paternity complaint was filed unless any of the following circumstances exist:
*the defendant was avoiding service of process. *The defendant threatened or
coerced through domestic violence or other means the complainant not to file a
proceeding under this act. *The defendant otherwise delayed the imposition of a
support obligation. MCL 722.717
Required UIFSA documentation.
No
In paternity cases, a child support order is retroactive only to the date the
paternity complaint was filed unless any of the following circumstances exist:
*The defendant was avoiding service of process. *The defendant threatened or
coerced through domestic violence or other means the complainant not to file a
proceeding under this act. *The defendant otherwise delayed the imposition of a
support obligation. MCL 722.717
None
Please see MCL 552.517
subpoena?
No
No
expended?
No
No
Modification
both?
Administrative.
Both. Real and personal property are subject to judicaial seizure. Financial
assets are subject to administrative seizure.
Past Due support in an amount that exceeds 2 times the monthly amount of
periodic support payments payable under the payer's support order. Internal
policy provides for accrual of twelve months prior to triggering lien on
financial assets..
RE- County Registry of Deeds PP- Secretary of State FA - Financial Institutions
Yes
Motor Vehicle - $1 Tangible and intangible personal property $3 RE Only $10-1st
page, $3-2nd page up, $4 remounumentation fee Financial Institutions may charge
a varying amt, at time of levy, up to 10% of amt levied.
Yes
both?
Judicial.
Administrative with judicial de novo review.
There is a general notice requirement that the obligor be notified when liens
arise from operation of law and that property can be seized if past due support
exceeds 2 months obligation. There is another notice requirement when the lien
is perfected(filed) that must include: the lien has been perfected against
specified property, the amount of arrearage, the property is subject to seizure
after 21 days unless the obligor pays the entire arrearage or requests a hearing
and that the grounds for hearing are mistakes of fact concerning the identity of
the property owner or the amount owed.
No
Yes
The financial institution serves a notice of perfection of lien on NCP when Lien
is perfected. The notice includes the following info: property can be levied if
NCP does not request a review within 21 days notice that the lien was perfected;
and that he/she may ask for a modification of his/her child support order,
because of a change in circumstances.
be sent?
No minimum delinquency amount, but the amount must be at least two month's worth
of support..(Arrears must equal 1 year's obligation only for central actions,
local actions can act upon 2 month's of obligation). No accounts exempt,
however, if ownership of the account is in question, the IV-D agency does not
seize the account.
See J 5.1
Indefinite.
No

Yes
Joint ownership must be proven and funds will be relased based on percentage of
proven ownership. 3 months of bank statements and proof of all deposits are
required in order to make a percentage joint ownership determination.
No absolute minimum but guideline is $500 or more reported in an account.
State
action?
21 days from the date the lien was placed at the financial institution.
action?
De Novo review to count: 21 days after administrative determination.
Mistake of fact; He/she claims not to be the obligor, the account does not
belong to the obligor, or, they disagree with the arrears balance
both?
Both-Administrative, with judicial de novo review.
None
Judicial
21 days from date of Writ of attachment is served on financial institution.
Financial institution sends notice to other listed account holders. Non-Debtor
must request administrative review with the Friend of the Court or IV-D agency.
Centralized.
Financial institution will charge a levy fee of up to 10% which will be taken
out of the obligor's account. In order of priority, tax liens are satisfied
first, any lien placed by the financial institution is satisfied second and
child support liens are satisfied third. Out-of-State IV-D agency must certify
that notice has been given to obligor and certify that the lien amount totals 1
year obligation (1 year for CEU to process, but only 2 months if local FOC
processes..)The lien must contain identification of the specific property to be
liened; the vehicle identification number (VIN) for vehicles, the legal
description of real property, and account number(s) for financial accounts.
No
Yes
J5.17-State law requires financial institutions to automatically liquidate
assets prior to sending them to the Michigan State Disbursement Unit
J5.17.1-Liquidate before sending asset to the Michigan State Disbursement Unit.
The financial institution may charge the account holder a resulting fee of other
cost or penalty.
period?
IV-D Agency instructs the FI to hold funds indefinitely until challenge is
completed.
If lien is not contested, FI must send funds by the 28th day after the lien is
placed. FI must send or release funds immediately upon results of the challenge.

Yes
Administrative.
may have.
Lottery intercept, license suspension and credit bureau reporting, tax refund
offset.
have.
Contempt powers of the court and criminal procedures - Judicial.
Lien must be recorded with record of ownership of property to be encumbered:
Titled Personal Property - Secretary of State Real Property - County Register of
Deeds Financial Accounts - Financial Institution
registration?
Income Withholding and Lien.
Confirmed UIFSA/URESA registered order is treated in the same manner as an order
issued by the Michigan court.
Seizure of property subsequent to Lien.
(UEFJA)?
Yes
Public Act 502 of 1996, MCL 691.1171-.1179
Yes, this is the language in the law.
Yes
information?
Innovis
Administrative
state, or both?
Both
2 months in arrears or greater, unless the arrears are paid in full or a motion
is filed contesting the balance with 21-days of the notice.
every three years)?
Please see MCL 552.517. Not less than once every 36 months unless both of the
following apply (as of 6/30/05) *Neither party has requested a review
*Reasonable grounds to review an order to not exist. Prior to 6/30/05 reviews
are conducted not less than once every 24 months unless both of the following
apply *Neither party has requested a review *Reasonable grounds to review an
order do not exist.
(1) A party requests a review in writing. This applies to each party
independently and regardless of the assistance status of the child. (2) The
child subject to the order receives TANF or Medicaid unless: a. Good cause
exists not to proceed with support action, and b. Neither party requests a
review. (3) The child subject to the order receives Medicaid unless the order
provides for health care coverage of the child and neither party requested a
review. (4) The initiating state in an interstate case requests a review on
behalf of a recipient of Title IV-D services. The Court can also review a child
support order at its initiative if there is reason to believe that the child
support award requires change or that dependent health care coverage is
available to parties so that they can file their own actions.
The Court reviews income information submitted by parties and makes support
recommendation based on state's child support formula. Parties are provided with
notice of FOC's recommendation and are given chance to object to proposed order.
If parties do not object, or lose objection, recommendation is confirmed by
issuance of an order by the Court. See MCL 552.517
order)?
For FOC initiated review, criteria includes a change in the physical custody of
a child not ordered by court, increased or decreased need of a child, changed
financial conditions of the parties, probable access by an employed parent to
dependent health care coverage. The "minimum threshold for modification" is
ten-percent (10%) or more of the existing order for $25 per month, whichever is
less. Please see the link below to the 2004 Michigan Child Support Formula.
www.courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Link to th 2004 Michigan child support formula manual and schedules
http://courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanu
al.pdf
No
None
All Social Security Retirement, Survivor's, or Disability Insurance benefits
received by the children in the case under consideration, other than those based
on the earnings record of the noncustodial parent, must be considered custodial
parent income.

MCL Section 780.164
Uniform support petition, general testimony, affidavit of parentage, certified
copy of order including pay records.
The link below provides all necessary details for obtaining birth and paternity
record copies including application forms, eligibility information and fees.
http://www.michigan.gov/mdch/0,1607,7-132-4645---,00.html Mailed requests should
be sent to Vital Records Requests, PO Box 30721 Lansing, MI 48909 the fee for a
certified copy is $15.00
Uniform support petition, general testimony, affidavit of parentage, certified
copy of the order including pay records.
Yes
"Lump sum payment" is not defined specifically, but our definition of "income"
includes certain types of lump sum payments. "Income" means any of the
following: Commissions, earnings, salaries, wages,f and other income due or to
be due in the future to an individual from his or her employer and successor
employers. A payment due or to be due in the future to an individual from a
profit-sharing plan, a pension plan, an insurance contract, an annuity, social
security, unemployment compensation, supplemental unemployment benefits, or
worker's compensation. An amount of money that is due to an individual as a debt
of another individual, partnership, association, or private or public
corporation, the United States or a federal agency, this state or a political
subdivision of this state, another state or a political subdivision of another
state, or another legal entity that is indebted to the individual.
MCL 552.602(n)
Yes
Michigan requires employers (sources of income) to comply with the Federal
Income Withholding Notice which includes information regarding lump sum
payments.
Yes
reported?
Information provided on the income withholding notice directs employers to
contact the Special Initiatives Unit (SIU) of the Office of Child Support when a
lump sum payment is payable to the employee. The SIU then provides a report to
the employer of employees for which lump sum withholding is required. Employees
with no arrears will not be provided on the report, unless the lump sum is a
bonus in which the employee is to provide a percentage of as a part of their
support obligation.
Employers are provided with an amount of arrears or percentage of the bonus that
is to be withheld. If the amount of arrears is more than the amount allowed in
the Consumer Credit Protection Act (CCPA), the employer is directed to take the
amount allowed by the CCPA.
Information will be provided by the SIU to employers no later than two business
days.
The employer may process the lump sum payment as soon as the information is
provided to them by the SIU. Lump sum payments, however, are sent to the
Michigan State Disbursement Unit, not to the custodial parent.
payment?
Yes
cover the lump sum?
Yes
payment?
Order/Notice to Withhold Income for Child Support
The type of document used depends on the type of income/funds being attached:
*Private pension and retirement accounts are attached with a Qualified Domestic
Relations Order (QDRO); *Government pension and retirement accounts are attached
with an Eligible Domestic Relations Order (EDRO) *Inheritances, legal awards,
worker's compensation and insurance settlements can be attached with a Notice of
Lien *Non-employer lump sum payments may be garnished
Yes
50% - If the NCP supports a second family, and the case has arrears for less
than 12 weeks of support 55% - If the NCP supports a second family, and the case
has arrears for more than 12 weeks of support 60% - If the NCP does not support
a second family, and the case has arrears for less than 12 weeks of support 65%
- If the NCP does not support a second family, and the case has arrears for more
than 12 weeks of support
N/A
Yes
no. Both payments must be evaluated and submitted according to their own CCPA
limitations.
Minnesota
combination)?
The Department of Human Services is the executive branch agency responsible for
supervising Minnesota's child support system, which is administered by county
child support offices.
84 county IV-D offices.
All counties have a cooperative agreement with either a county attorney's office
or private attorney. Some counties have agreements with their Court
Administrator or Sheriff's Department.
MN has a state supervised, county administered child support program. Because of
this, county attorneys represent the IV-D agency in court proceedings.
Minn. Stat.§518A.47. The provision of services under the child support
enforcement program that includes services by an attorney or an attorney's
representative employed by, under contract to, or representing the authority
does not create an attorney-client relationship with any party other than the
public authority.
No. The individual county attorneys represent the IV-D agency in court
proceedings not the state attorney general. See Minn. Stat. § 388.051
Act (UIFSA)?
05/1994
01/01/1995
Minnesota Stat. §518C.
http://www.revisor.leg.state.mn.us/forms/getstatchap.shtml
version)?
1996
N/A
N/A
C. Reciprocity
Minnesota has agreements for child support with the following: Australia,
Austria, Czech Republic, Finland, Ireland, Germany, Mexico, Netherlands, Norway,
Poland, Portugal, Slovak Republic, Sweden, Stwiterzerland, United Kingdom and
Canada: Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia,
Ontario, Prince Edward Island, Saskatchewan and Yukon Territories.
No
No
services.
No special reciprocity agreements exist (beyond what is stated in UIFSA and the
Full Faith and Credit for Child Support Orders Act.)
D. Age of Majority
A child is defined as an individual under the age of 18, or until age 20 if the
child is still attending secondary school, whichever occurs later, or an
individual who is incapable of self-support by reason of disability.
Minnesota Statute 518A, subd.5
18 or until age 20 if the child is still attending secondary school, whichever
occurs later. Minn. Stat. 518A, subd.5
Yes
Orders entered prior to 1973 had different statutory language regarding
emancipation.
emancipate?
No
Yes
Support can extend beyond this date if specifically addressed in the order --
such as for disability or if parties had agreed to an educational trust fund for
cost of post-secondary education. Minn. Stat.§ 518.551 subd. 5d.
No
No. A child support obligation for two or more children that is not a support
obligation in a specific amount per child continues in the full amount until the
emancipation of the last child for whose benefit the order was made. Minn.
Stat.§ 518A.39.
support?
There is no statute of limitations on certain administrative enforcement
remedies including: income withholding, state tax intercept, credit bureau
reporting, license suspension, Minn. Stat. § 518A.60 authorizes collection
methods applicable to the collection of arrearages. The statute of limitations
on judgments lasts for 10 years. (Minn. Stat § 541.04). Judgments can be renewed
until paid in full.
One year after child reaches age of majority, if there is no presumed father.
Minn. Stat. §257.78. However, the MN IV-D agency does not pursue paternity
actions for adult children.
No
possible.
Income Shares Model as of 1/1/07, which uses the parents' combined gross income
to calculate basic support, medical support and child care support.
Yes
conditions.
The interest for judgments is set by legislature. The current interest rate for
non-child support judgments is 5%. For child support the interest rate is the
judgment rate, plus 2%, totaling 7%.
Yes
conditions.
If there is court ordered obligation to pay a portion of the retroactive support
on a monthly basis, and the obligor does not pay, then the annual judgment rate
plus 2% is charged. If there is not a court ordered obligation to pay a portion
of the retroactive support on a monthly basis, then interest is not charged.
Yes
conditions.
Judgment rates plus 2% for child support. The current judgment rate is 5% so
child support 7%, spousal maintenance 5%.
medical bill?
Yes
Minnesota will enforce the parties' share of the uninsured medical expenses as
determined in the child support court order. The court must order that
unreimbursed and uninsured medical expenses be divided between the parties based
on their proportionate share of the combined monthly parental income for
determining child support.
Yes
If the obligee is the applicant for IV-D services, a 1% cost recovery fee is
charged to non-public assistance obligees.This fee is not assessed on interstate
responding cases.
If the obligor is the applicant for IV-D services, a 1% cost recovery fee is
charged to non-public assistance obligors. This fee is not assessed on
interstate responding cases.
Yes
For the cost of genetic tests and service of process.
Minnesota Statute Section 543.19; Minnesota Statute Section 518C.201 (UIFSA).
Yes
A case with a spousal maintenance obligation is considered a IV-D case when
there is a child support obligation being enforced on the same case, and a Non
IV-D case when the only obligation on the case is spousal maintenance. Minnesota
does not establish or modify spousal maintenance orders for IV-D or Non IV-D
cases. IV-D cases with spousal maintenance obligations are enforced. Instate
(Minnesota) Non IV-D cases with only spousal maintenance obligations are
eligible for income withholding only services. Income withholding only services
is the receipt, processing and disbursement of support payments made by the
obligor. The applicant must serve Notice of Income Withholding. Interstate
responding Non IV-D cases with only spousal maintenance obligations are not
eligible for services.
No
withholding)?
Income withholding. Minn. Stat. §518A.53.
Any need based benefits received under Title IVA of Social Security Act or state
public assistance such as TANF, foster care, medical assistance, and SSI. Also
excluded are VA Disability, life insurance proceeds, military housing allowance,
military separate rations, military basic allowance, military bonus, capital
gains, in kind payments.
No
N/A
payments?
An employer may deduct $1.00 from the obligor's income to cover the expenses of
withholding. Minn. Stat. §518A.53.
Payors of funds should start withholding as soon as they receive the notice to
withhold. However, they must implement withholding when they become aware of the
obligation or no later than the first pay period that occurs after 14 days
following the date of the income withholding notice. Minn. Stat. § 518A.53.
employee's pay?
Any withholdings are sent to the Minnesota State Disbursement Unit within 7
business days of when the obligor is paid the balance of income. Minn. Stat.
§518A.53
MN statutes provide for employer contempt, (Minn. Stat. §518A.73)that may
include civil fines up to $500 and sanctions such as imprisonment, or the cost
of attorney's fees.
Fine up to $250 and sanctions (imprisonment, cost of attorney's fees). See Minn.
Stat. §518.73, 588.10 and 588.20.

Yes
lines.
See the state address section for the address for direct withholding of UI
benefits.
Yes
State lines.

The obligor may file a motion alleging that the withholding or the amount
withheld is due to a mistake of fact. See Minn. Stat. § 518A.53
Employer is to comply with all obligations subject to CCPA limitations. Allocate
as follows: 1) Determine disposable income according to the Consumer Credit
Protection Act. 2) Total amount for all obligations. 3) Divide the amount of
each obligation by the total money 4) Multiply this amount by the amount of
income available. Prorate of support to all cases. Priority is given to paying
current child support first. Multiple orders from other states are enforced the
same as multiple order from Minnesota. Income withholding for child support
takes priority over garnishment for payment of other debts.
assistance?
Yes
proceed.
Yes. Mandatory deductions include reasonable pension deductions, union dues, and
medical insurance premiums. Minn. Stat. §518A.27
termination?
An employer must notify the State within ten days. Minn. Stat. §518A.53
rehired?
There is no set time. However, the employer must restart income withholding
immediately when an employee returns to work if income withholding was in effect
during the last period of employment.
No.
No.
Yes.
For the purposes of withholding income, the following prioritization is given to
support obligations in MN: current child support, current child care support,
current medical support, and past due support.
H. Paternity
Yes
An order establishing paternity also addresses issues of custody and visitation.
99% is the threshold. Minn. Stat.§275.55 subd. 1(a)(f). Temporary child support
orders prior to paternity adjudication can be obtained with a 92% or greater
result. Minn. Stat. §257.62 subd. 5(a).
A paternity acknowledgment, or Recognition of Parentage, is considered a
conclusive determination of paternity unless multiple presumptions of paternity
exist, i.e. marriage, more than one paternity acknowledgment, etc. Minn. Stat.
§257.75 subd. 3.
01/01/1994
Yes
Paternity acknowledgments remain rebuttable if multiple paternity presumptions
exist.
Yes
1) Rebutted in court with clear and convincing evidence. 2) A court order
establishing paternity by another man. 3) Both biological parents sign a
Recognition of Parentage and the husband joins by a Husband's Non paternity
Statement prior to the child's first birthday. Minn. Stat.§ 257.55, subd. 2 and
257.75, subd 1.
determined?
No
There is a rebuttable presumption that a man is the biological father of a child
if, with his consent, he is named as the child's father on the child's birth
certificate. Minn. Stat. §275.55 (b)(2).
Yes
See Minn. Stat. §257.55 1) Before the child is born, the parties attempted to
marry (where the attempted marriage would be void or voidable.) 2) After the
child is born, the parents marry and one of the following occurs: - The father
acknowledges paternity in writing and the acknowledgment is filed with the state
(and filed with his consent). - The father's name is on the birth certificate -
The father is obligated to pay support. 3) The father receives the child into
his home and holds out the child as his child. 4) The child is born within 280
days after the marriage is terminated.
Yes
Minnesota Department of Health
Fathers'http://www.health.state.mn.us/divs/chs/registry/top.htm. Fathers
Adoption Registry Minnesota Department of Health 85 East Seventh Place, 3rd
Floor P.O. Box 64882 St. Paul, Minnesota 55164-0882 Voice: (651) 201-5994 Or
toll free at 1-888-345-1726 Fax: (651) 201-5740 E-Mail: far@health.state.mn.us
Yes
None.
No
N/A
N/A
Written(such as an affidavit or deposition), videotape, or teleconferencing.
provisions.
Minnesota Statute 518C.201 (UIFSA) and Minnesota Statute Section 543.19.
Minnesota Statue Section 543.19 -- if a Minnesota court has subject matter
jurisdiction, then the court may exercise jurisdiction over a nonresident if the
nonresident: - Owns, uses, or possesses any real or personal property situated
in Minnesota - Transacts any business within the state, or - Commits any act in
Minnesota causing injury or property damage, or -Commits any act outside
Minnesota causing injury or property damage in Minnesota For Additional
Information - Click Here
Yes
Genetic testing costs may be recovered as part of the pleadings.
Unmarried persons require a voluntary paternity acknowledgment or a court order
adjudicating paternity. There cannot be multiple acknowledgments or paternity
becomes a presumption.
child?
A separate packet for each child
support obligation?
The Minnesota Supreme Court creaated an expedited child support process to
establish, modify and enforce support. Minn. Stat. § 484.702. The rules for the
expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R.
Prac 351-379.
N/A
When issues that are outside the scope of the expedited process, such as
custody, visitation, or contested parentage are to be addressed. See Minn. R.
Gen. Prac. 353.01 subd (3).
The custodial parent's income is also considered. The new spouse's or the
child's income is not considered. However, Social Security and/or Veterans'
Benefits provided for the benefit of a joint child(ren) are included as income
for the parent on whose eligibility the benefits are based. Also, in determining
gross income, a deduction is allowed for spousal maintenance orders and child
support orders for nonjoint child(ren) that a party is obligated to pay.
The court may deviate from the guidelines if both the parties agree and it is
approved by the court. The court must make written findings that the deviation
serves the best interests of the child. Minn. Stat § 518.714-715; 518.725, subd.
2.
Yes
Minnesota law allows for reimbursement for public assistance or for
expenses/costs in nonpublic assistance cases up to two years prior to the date
the legal action was commenced. This may include expenses related to pregnancy
and birth. If the NCP's income is known for the two years prior to the
commencement of the action, then child support for the prior period is based on
guidelines. If the NCP's income is not known for the two years prior to the
commencement of the action, child support may be imputed or based on the default
standard of 150% of the minimum wage.
For interstate cases, Child Support Enforcement Transmittal #1 or a CSENet
transaction, Uniform Support Petition, and General Testimony are required.
Yes
Minnesota law allows for child support for a prior period for up to two years
prior to the date the legal action was started.
N/A
N/A
subpoena?
Yes. Minn. Stat. § 518A.46
No.
expended?
No.
No. If there is a Minnesota order for one biological parent to pay the other
biological parent, and now the child (ren) are with another caretaker, 1)the
obligee from the court order must consent in writing to re-direct support to the
new caretaker or 2)a court must order the redirection of support. If an order is
from State A, and State A requests Minnesota to redirect support to a new
caretaker; Minnesota will redirect support to the new caretaker. If the order is
from State A, and State B requests Minnesota to redirect support to a new
caretaker; Minnesota requests that State B provide 1)the obligee from the court
order must consent in writing to re-direct support to the new caretaker or 2) a
court must order the redirection of support.
If the order reserves support; request establishment. If the order is for $0.00;
request a modification.
both?
Administrative.
Judicial. Administrative.
Judgment
County Court Administration Offices.
No

Yes
both?
Judicial,rarely used.
Both. The IV-D agency is able to issue a levy without judicial involvement,
however, if the levy is contested the issues is heard in court.
Notice is sent to the NCP within three business days after the notice is sent to
the financial institution.
Yes
No
The IV-D agency notifies the NCP.
be sent?
N/A
The obligor must be in arrears for an amount equal to or greater than five times
the monthly obligation. The case must also have been previously submitted for
federal or state tax offset and the obligor must not be in compliance with any
previously executed payment agreement. Minn. Stat. §552.
The obligor must be in arrears for an amount equal to or greater than five times
the monthly obligation. For arrears only cases, the amount is $100.00.
No.
N/A
No

No
No.
N/A
action?
The Obligor may request informal resolution regarding a mistake of fact or
exemptions. The Obligor may claim exemption within 20 days of receiving notice.
The Obligor may also request a hearing within 30 days of receiving notice. The
Obligor must obtain the Motion document and set a hearing date with the court
Administrator's office. The obligor must serve Child Support Agency within two
days of filing the Motion. The hearing must take place within 10 days of filing
the motion. Minn. Stat. §552.06
action?

both?
The Obligor may request informal resolution regarding a mistake of fact or
exemptions. The Obligor may claim exemption within 20 days of receiving notice.
The Obligor may also request a hearing within 30 days of receiving notice. The
Obligor must obtain the Motion document and set a hearing date with the court
Administrator's office. The obligor must serve Child Support Agency within two
days of filing the Motion. The hearing must take place within 10 days of filing
the motion.
A bad faith claim by the public authority may result in a penalty of up to
$100.00. No financial institution is liable for damages for complying with a
notice to freeze from the public authority.
Judicial
A third party claiming an interest in the funds can intervene in the action or
be summonded by the court. A party so joined is bound by the decision and has
the same appeal rights as any party.
Automated.
A case must be certified for federal or state tax intercept prior to
certification for Financial Institution levy. To qualify to be certified for
federal or state tax intercept the obligor has to currently reside in Minnesota.
No
Yes
42 United States Code (USC), Section 666a (17) 42 United States Code (USC),
Section 669a Minn. Stat. §518A, Minn. Stat. §550.37 Minn. Stat. §552.01 through
552.06 Minn. Stat. §13B.06 Minn. Stat. §13.46 Policy Interprestation Question
(PIQ) 99-06
period?
Yes. The financial institution will hold the funds during the period of contest.
Minn. Stat. § 552.06, subd. 2(d)/
Forty-five days after receiving the levy, the financial institution shall
complete the notice of support judgment levy and disclosure form and forward it
together with the amount indicated. Minn. Stat. § 552.06, subd. 2(b).

No
may have.
Income withholding, State and Federal Tax Intercept, Driver's License
Suspension, Recreational License Suspension, Passport Denial, Occupational
License Suspension, and Student Grant Hold, and Arrears Collection Process.
have.
Constructive Civil and Criminal Contempt and Criminal Non-support.
We will register a lien on property pursuant to our lien registration process if
requested by another state.
registration?
State tax income refund intercept, license suspension, income withholding,
credit bureau reporting.Minn. Stat.§ 518C.502.
If registration is needed, then a Registration Notice is sent. If there is no
contest of the registration within 20 days the registration is confirmed by
operation of law. If there is a contest within 20 days of the notice, then a
hearing is scheduled. The court makes a decision regarding the registration
based upon the facts of the case. Minn. Stat. § 518C.602.
None.
(UEFJA)?
Yes
Yes. Minn. Stat., § §548.26 to 548.33.
No.
If another state requests the assistance of a Minnesota child support agency to
initiate a levy on a Minnesota financial institution, a full two-state action is
rquired. To initiate a two-state action, the other state must provide: A Child
Support Enforcement Transmittal #1, a certified copy of the order, and a
registration statement.
Yes
information?
-TransUnion Corp, PO Box 3000, Chester, PA 19022-3000;phone:800-888-4213
-Equifax Credit Information Services, PO Box 740243, Atlanta, GA 30374-0243;
phone: 800-997-2493 -Experian, PO Box 2103, Allen, TX 75013-2103;
phone:800-831-5614 option #3 -Innovis Data Solutions, 950 Threadneedle, Suite
2000, Houston, TX 77079; phone 281-504-2620
Administrative
state, or both?
The responding state.
CSED must report all cases that meet the following criteria: -the case type is
IV-D -the arrears are at least three times the total of the ongoing monthly
obligation on the case -Minnesota is the responding state if it is an interstate
case -the obligor has a verified Social Security Number -the youngest child is
not emancipated or, if emancipated has emancipated withing the previous seven
years
every three years)?
The majority of Minnesota support orders are adjusted every two years, as part
of Minnesota's automatic Cost of Living Adjustment(COLA) process. In addition to
the COLA process, participants have the right to request a review of their
support order at any time. Participants are given reminder notice of their right
to review every 36 months.
Review will be considered upon the request of a party to the order. Minn. Stat.
518A.39 provides for various criteria to be considered when conducting a review.
The party may request the IV-D agency conduct a review or if the IV-D agency is
not able to do the review, the party may choose to proceed pro se.
The majority of Minnesota orders are adjusted every two years, as part of
Minnesota's automatic Cost of Living Adjustment (COLA) process. Parties to the
order subject to COLA, have the right to contest the COLA and proceed to a
hearing. Reviews are also conducted at the request of either party at any time.
If specific criteria are met, the IV-D agency may conduct the review. If not,
the party has the option of proceeding pro se. See Minn. State. §518A.39.
order)?
For 2007, an existing child support order may be modified for the following
reasons: 1) there is at least a 20% change in the gross income of the obligor;
2) there is a changed in the number of joint children for whom the obligor is
legally responsible and actually supporting; 3) a parent or another caregiver of
the child who is supported by the existing support order begins to receive
public assistance; 4) there are additional work-related or education-related
child care expenses of the obligee or a substantial increase or decrease in
existing child care expenses; 5) there is a change in the availability of health
care coverage or a substantial increase or decrease in the cost of existing
health care coverage; 6) the child supported by the existing order becomes
disabled; or 7) both parents consent to modifications of the existing order.
Note: A modification under 4) may be granted only with respect to child care
support and a modification under clause 5) may be granted only with respect to
medical support for court actions filed during 2007.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
The receipt of public assistance -- TANF, medical assistance, foster care, and
childcare assistance. Also, upon the emancipation of the child. See Minn. Stat.
§518A.39, subd. 2, 4(a)
Yes
Mpls/St. Paul urban consumers, Mpls/St. Paul wage earners, all city urban
consumers, all city wage earners.
The amount of the monthly Social Security benefits (RSDI)that a joint child
receives is included in the gross income of the parent on whose eligibility the
benefits are based. If these benefits are based on the eligibility of the
obligor and are received by the obligee as a representative payee for the child,
then the amount of the benefits is also subtracted from the obligor's net child
support obligation.
No
No, but the State has discretion to reduce public assistance arrears. A party
may agree to compromise arrears owed to that party.
Minn. Stat. §518.6197

This information is obtained from the Minnesota Department of Health, Vital
Statistics. Cost varies depending upon the document requested.
Minn. Stat. 518C.602(a) sets for the minimally acceptable information for
registration of cases for enfocement and/or modificaiton according to UIFSA.
Yes
a lump sum is payment from a payor of funds of $500 or more. Lump sums may
include (but are not limited to): -severance pay -accumulated vacation pay
-accumulated sick pay -bonuses -commissions -other types of pay or benefits
Minn. Stat. § 518.53, Subd.11
Yes
Minn. Stat. § 518.53, subd.11
Yes
reported?
An employer is required to report all lump sum payments of $500 or more.
Employers are instructed to notify the public authority of the pending lump sum
per the federal Order/Notice to Withhold Income for Child Support.
There is no set time stated in the Statute.
The employer must hold the lump sum payment for 30 dyas after the date the lump
sum payment would otherwise have been paid to the obligor, prior to releasing
the funds to the State Disbursement Unit.
payment?

cover the lump sum?
Yes
payment?
It may be noted either on the original order or an amended order may be sent to
specifically cover the lump sum.
A payor of funds shall pay the lesser of the amount of the lump sum payment or
the total amount of the judgment and arrearages upon service by United States
mail or the total amount of the judgment and arrearages upon service from the
public authority or a court order that included the following information: 1)
that a judgment against the obligor or other support arreages exist; 2) the
current balance of the judgment or arrearages; and 3) that a portion of the
judgment or arrearages remain unpaid.
No
No. Minnesota Stat. § 518.53, subd. 11
For additional information: www.revisor.leg.state.mn.us/forms/getstatchap.shtml
The employer is required to withhold up to the total amount of the judgment and
arrearages.
Yes
The CCPA limits would apply to the regular wages but not to the lump sum
portion.
Missouri
combination)?
A combination.
Missouri has 24 field offices located throughout the State. One field office is
a specialized interstate unit where staff pursue support for children who live
in other States, but whose non-custodial parents (NCPs) live in Missouri.
The Family Support Division(FSD) enters into cooperative agreements with local
jurisdictions in the state to assist the division with its child support
responsibilities. In five counties (Audrain, Buchanan, Butler, Clay and
Montgomery), the county prosecuting attorney and his/her staff perform the same
functions as a state-administered child support office and differ only in that
the local prosecuting attorney staff are not state employees. FSD refers to
these counties as Level A counties. In two counties, Boone and Jackson (known as
Level B counties), staff perform specialized functions for the state and have
more case authority and control than the remaining 107 counties and the City of
St. Louis, known as Level C counties. Level C counties receive referrals from
DCSE staff or from Level A and B county staff to perform specific establishment
or enforcement actions. Level C offices exclusively use the judicial process
(the courts) for paternity establishment, order establishment and enforcement.
Once work is completed on a referral, the prosecuting attorney's responsibility
for the case ends. In some areas of the state, local prosecutors have joined
together to form a multi-county regional prosecutors' office (one office serves
several counties). Missouri's 115 circuit clerks are also under cooperative
agreement. They are responsible for the filing of all legal documents and the
maintenance of orders and obligations in their counties.
Yes.
Section 454.513 RSMo
not applicable
Act (UIFSA)?
07/09/1996
01/01/1997
Sections 454.850 to 454.997, RSMo
For additional information: http://www.moga.mo.gov/statutes/c400-499/4540850.htm
version)?
The 1996 amendments were adopted with an effective date of July 1, 1997.
1996

Australia, Austria, Czechoslovakia, France, Germany, Hungary, Micronesia,
Poland, England, Ireland, Scotland, Wales and the following Canadian Provinces:
Alberta, New Brunswick, Northwest Territory, Ontario and Saskatchewan.
No
No
services.
D. Age of Majority
18 years of age, unless specific circumstances (outlined below) apply.
Section 452.340, RSMo.
http://www.moga.state.mo.us.statutes/c400-499/4520340.htm
Child support terminates at age 18 or if in high school at 18, upon graduation
from high school or age 21, whichever comes first. Enrollment in a GED program
is also considered being enrolled in a "secondary school program of
instruction," and support would terminate upon completion of the program or age
21, whichever comes first.
No
emancipate?
No
Yes
If a child enrolls in college or vocational school by October 1 following high
school graduation, support continues until age 22 or when his/her education is
completed if the child: 1. Enrolls for and completes at least 12 hours of credit
each semester; 2. Achieves grades sufficient to re-enroll at the institution;
and 3. At the beginning of each semester, submits to each parent a transcript or
similar official document provided by the college or vocational school which
includes the courses the child is enrolled in and has completed for each
semester, the grades and credits received and the courses the child is enrolled
in for the coming semester. A court may waive the October 1 deadline for
enrollment. The twelve-hour requirement may also be waived if a child has a
physical or learning disability or a diagnosed health problem that prevents
him/her from taking 12 credit hours or a child is working at least 15 hours per
week and taking as few as 9 credit hours per semester. The court may also extend
the child support obligation past the age of 18 if the child is physically or
mentally incapacitated from supporting himself/herself and insolvent and
unmarried.
support?
10 years from last payment on court record or other form of revival of order on
court record.
18th birthday (21st birthday for child bringing own paternity action).
No
possible.
Not after a 10-year period has expired without court record notation.
F. Support Details

conditions.

Yes
conditions.
1% per month simple interest once reduced to a lump-sum judgment. Obligee must
compute and file computation with the circuit clerk to make interest
collectible.
Yes
conditions.
1% per month simple interest on Missouri orders. By law, the interest accrues
and attaches to the underlying support order. Obligee must compute and file
computation with the circuit clerk to make interest collectible.
medical bill?
Yes
Only if the debt has been reduced to a sum-certain judgment. FSD will not bring
the action to reduce the debt to a judgment but will enforce the debt after a
sum-certain judgment has been obtained.
Yes

None.
Yes
FSD will attempt to obtain an order for reimbursement of genetic test costs if
it was necessary to order the party to submit to a genetic test.
Sections 454.857 and 506.500, RSMo.
Yes
Missouri FSD does not establish or modify spousal maintenance orders. Spousal
maintenance orders are enforced if the obligation is in the form of a periodic
payment and a current child support obligation is also being enforced.
No
withholding)?
Income withholding.
TANF, SSI, prison inmate monthly allowance.
Yes
The statutory limitation is the limit described by the CCPA. However, the state
IV-D agency limits its withholding orders to 50% of disposable income.
payments?
$6 per month.
By the first pay period 2 weeks after income withholding was mailed.
employee's pay?
Within 7 business days of the date the income was payable to the obligor.
Legal action required.
Employer is liable for the amount that should have been withheld and the
employer is subject to a fine not to exceed $500.
No
lines.
Yes
State lines.

An obligor contests a IV-D administrative income withholding by requesting an
administrative hearing within 30 calendar days of the date the income
withholding was mailed to him/her.
Child support has priority over any other garnishment, attachment or assignment.
When the obligor has more than one claim for child support against his/her
income, and the combined withholdings exceed 50% of the obligor's net income,
the collections are prorated among the cases with withholding claims, giving
priority to current support amounts.
assistance?
Yes
proceed.
termination?
rehired?
This question is answered by remedy in other areas of this profile.
Current child support takes priority over the health insurance premium. After
the health insurance premium, the priority would be current spousal support,
periodic medical support, and then arrearage payments.
H. Paternity
Yes
Administrative orders do not address custody and visitation. Referrals made to
county prosecutors or for court mediation may result in orders that address
custody and visitation.
98% or greater probability of paternity with 0.5 prior probability creates a
presumption of paternity.
Section 210.822, RSMo
07/01/1997
Yes

Yes
Must be rebutted in a legal action by clear and convincing evidence.
determined?
No
It is generally necessary to determine the circumstances under which the
father's name was added to the birth certificate. For example, MO law generally
requires the name of the mother's husband to appear on the child's birth record.
However, marriage only creates a presumption of paternity. Additionally,
acknowledgments completed prior to July 1, 1997, created presumptions of
paternity.
Yes
Attempted marriage and legitimization (Section 210.822, RSMo).
Yes
Missouri Department of Health and Senior Services, Bureau of Vital Records
No
No fees are charged to IV-D agencies. Private individuals are charged fees.
No
This is dependent upon the local jurisdiction.
provisions.
Sections 210.829.2 and 454.857 (Supp. 1997), RSMo.
http://www.moga.state.mo.us/statutes/c200-299/2100829.htm
Yes
If requested by the initiating state, FSD will attempt to obtain a judgement for
the costs of genetic testing against the alleged father if he is shown to be the
father. For intrastate cases, FSD will attempt to obtain a judgement for the
costs of genetic testing against the alleged father if he is shown to be the
father and it was necessary to order him to submit to the genetic test.
The Missouri Bureau of Vital Records will only add a father's name to a child's
birth record by court/administrative order or by voluntary acknowledgment of
paternity.
child?

support obligation?
Both.
Administrative process is used when possible. Judicial process is used
otherwise.
A case is generally handled judicially if: 1) it requires a UIFSA action; 2) it
involves a minor parent; 3) it involves a presumed vs. alleged situation that
cannot be resolved through a three-party affidavit; 4) a presumption or legal
finding of paternity cannot be established administratively (i.e.,
administrative process can only be used to establish a support order if a
presumption or legal finding of paternity exists or other evidence allowed under
MO law.
Section 454.470, RSMo.
http://www.moga.state.mo.us.statutes/c400-499/4540470.htm
The custodial parent's income is considered. A child's income may be considered
when deviating from the presumed child support amount. The child's income can
not be based on the child's special needs.
Court or administrative agency must enter a written or specific finding in the
record that the presumed amount is unjust or inappropriate.
Yes
The period is limited to five years preceding the commencement of the action.
Such judgments are only included in judicial orders at this time.
Requests should indicate the period for which support is sought, the financial
(income) information for the parties for the period, and TANF paid out during
the period.
No
If administrative process is used to establish an order for ongoing support, it
will not include a judgment for retroactive support.
Administrative process is used to establish legal paternity and child support
and medical support orders. (Ref: I1.1 and I1.2) Administrative process is also
used to modify administrative orders. Reference J. Support Enforcement for
enforcement remedies whee administrative process is used.
Chapter 454, RSMo
subpoena?
Yes, Section 454.395, RSMo. Forms received from child support agencies of
antother state shall be enforceable as if issued by the Missouri IV-D agency and
shall be recognized as valid by any other court, state agency, or officer or
employee of the stae of political subdivision of the state.
expended?
both?
Administrative.
If the support order and the real property are in the same Missouri county, an
administrative lien is filed in that county. If the support order was entered in
one county and the real property is located in a different county, an
administrative lien must be filed in the county of the original order. Once the
lien is filed in the county of the order, a copy of the lien and a certified
copy of the support order are attached to a second administrative lien and filed
in the county where the real property is located.
$1,000 arrearage for PP $500 suggested- not specific for RP
State-PP, County-RP If order in another county from property, 2 liens must be
filed: lien must be filed first in the county with the order, and then sent to
the county with the property for another lien to be filed.
No

Yes
both?
Judicial.
Administrative.
When an enforcement case is opened or when a case becomes enforcement, a notice
is sent outlining potential enforcement remedies.
No
Yes
Upon acknowledgment by the financial institution that funds have been
encumbered, the State notifies the NCP.
be sent?
Upon receipt of the lien, the financial institution encumbers the obligor's
portion of the account (equal-share presumption) up to the amount on the lien
and mails a response to the State within 10 days.
exempted.
60 days
action?
action?

both?
Administrative.
None
60 Days from date of freeze. The obligor is only entitiled to a review of the
arrearage amount and not a formal administrative hearing. The obligor and
non-debtor have 30 days from the date of notice to rebut the equal-share
presumption on joint accounts.
Centralized after the notice(lien) is initiated. If the case/account meets
selected criteria, liens are generated automatically, but staff make the final
determination to issue the lien.
Financial institutions may choose whether or not to encumber assets held jointly
by husban and wife or by an obligor and his/her parent.
period?

Yes
Administrative: worker's compensation, unemployment compensation, inmate banking
accounts and lottery winnings.
may have.
Real and personal property liens, liens to financial institutions, liens on
decedent's estate, liens on lawsuits.
have.
Civil contempt and criminal non-support.
If the support order and the real property are in the same Missouri county, file
the Notice of Interstate Lien (a federally approved form) in that county. If the
support order was entered in one county and the real property is located in a
different county, a lien must be filed in the county of the original order. Once
the lien is filed in the county of the order, attach a copy of the lien and a
certified copy of the support order to the Notice of Interstate Lien and file it
in the county where the property is located.
registration?
If the obligor does not contest administrative enforcement, all administrative
remedies are available without registration. See section J1-J9. Enforcement, for
a list of administrative remedies.
An FSD technician forwards the required documents to the prosecuting attorney
for registration under UIFSA. After registration, judicial or administrative
income withholding is completed.
After another state's order is registered for enforcement, no other additional
judicial procedures are required to enforce the registered order.
(UEFJA)?
Yes
Section 511.760, RSMo (1994).
yes
information?
state, or both?
every three years)?
Every three years unless special circumstances apply.
Reviews are currently completed only upon request.
FSD will upon request, review orders on a three-year cycle for possible
modification. FSD will review orders for modification of the child support
obligation and for medical support. Modification may result in an increase or
decrease in support. If the review of the order is appropriate, financial
information on both parties is obtained to determine if the case meets the
criteria for modification (see 3 below). FSD modifies Missouri administrative
orders using administrative process. The parties have the right to contest the
motion to modify. Judicial orders are referred to the Attorney General's office
to file a motion with the court to complete the modification.
order)?
The presumed child support amount differs by 20% or more (higher or lower) from
the present obligation.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
No
No

No
In addition to the UIFSA standard interstate forms, Missouri requires, if
applicable, certified copies of all support orders, certified copies of pay
records, arrears statement, birth certificates, documents supporting legal
parentage and assignment of support rights.
Bureau of Vital Records, PO Box 570, Jefferson City, MO 65102. No fee is charged
for request from IV-D agencies. The Bureau can be reached at 573-526-5771.
In addition to the UIFSA standard interstate forms, Missouri requires certified
copies of all support orders and certified copies of pay records or arrears
atatement.
reported?
payment?

cover the lump sum?
payment?
Mississippi
combination)?
State Administered - County Operated.
84 offices across the state.
TRW for New Hire; ReliaGene for Genetic Testing; and various state entities.
Yes
43-19-35
Yes, but the MS Bar Ethics Opinion said we should ask for an Attorney General's
Opinion and the Attorney General's Opinion said we should ask for an Ethics
Opinion.
Act (UIFSA)?
07/01/1997
07/01/1997
Section 93-25-1 et. al, Mississippi Code of 1972, as amended.
version)?
2001
July 1, 2004
C. Reciprocity
Saskatchewan-Canada, Sweden, Manitoba- Canada, Ireland and Czechoslovakia.
No
Yes
services.
However, Mississippi does offer full services to the Mississippi Band of Choctaw
Indians.
D. Age of Majority
21 years of age.
MCA Sections 93-5-23 & 93-11-65
21 years of age unless the order is not per child and there is more than one
child.
No
emancipate?
No
It is not clear whether marriage, joining the military, or being convicted of a
felony emancipates. The court makes these decisions. However, case law does say
that the child cannot be unemancipated once emancipated.
Yes
If the parties agree, support may continue beyond the age of majority and some
courts may order this if the child is handicapped.
support?
General seven year statute, past age of majority.
18 years of age for IV-D cases.
No
possible.
Enrolling the judgment in the circuit court or any other judicial action can
extend the seven-year statute of limitation.
F. Support Details
Percentage of adjusted gross income. Percentage determined by number of
children.
Yes
conditions.
It depends on the order.
Yes
conditions.
Yes, if and when a payment is missed; usually 8%.
Yes
conditions.
When ordered by the Court; usually 8%.
medical bill?
No
The state will enforce orders entered by private counsel if the support is an
amount certain and is being enforced in conjunction with child support.
Yes
Court costs, genetic testing fees, application fees, and attorney fees are
charged to the obligor if ordered by the court.
None
Yes
If requested, we will ask it to be ordered.
MCA ?93-11-67
Yes
If ordered in conjunction with a child support order, we will enforce the
spousal support order, but this is all we will do.
No
withholding)?
Income Withholding.
SSI, VA benefits, Longshoreman
http://198.187.128.12/mississippi/lpext.dll/Infobase/34b81/34df0/34e7f/34e9c?fn=
document-frame.htm&f=templates#LPTOC1
No
payments?
$2.00 a month
The next payment of income following 14 days of receipt of income withholding
order.
employee's pay?
Seven days.
Contempt action.
The employer is responsible for the child support payments not withheld plus a
fine of $100 or in cases of collusion, $500.
No
lines.
No
State lines.

In chancery or county court.
Child support has priority over all other withholding orders except federal and
state tax garnishments and bankruptcy garnishments.
assistance?
No
proceed.
MCA 93-11-111
http://198.187.128.12/mississippi/lpext.dll/Infobase/353f6/3567f/3570d/35754?f=h
itlist&q=93-11-111&x=Advanced&opt=&skc=8000000200035755&c=curr&gh=1&2.0#LPHit1
termination?
rehired?
Yes, but only the employer
Child Support and then medical support unless the order specifies differently
H. Paternity
No
The State does not petition the court for custody and visitation, but some
courts will order custody and visitation anyway.
98% or greater creates a rebuttable presumption of paternity.
1992
Yes
There is an Attorney General Opinion that allow us to use acknowledgement made
before 1992 as conclusive now.
Yes
In Chancery Court.
determined?
No
If the father's name is on the birth certificate, this creates a presumption of
paternity. Some courts will disestablish paternity in Mississippi and then
change the name on the birth certificate.
Yes
Genetic testing results of 98% are rebuttably presumed to establish paternity.
No
Yes
None
No
Evidence of blood tests is enough in some courts. Others require testimony from
the custodial parent.
provisions.
? 93-25-9
No
You need an acknowledgement of paternity or a court order but if another name is
on the birth certificate the Department of Vital Statistics needs to be noticed
and made a party to the Paternity Action.
child?

support obligation?
Judicial.

All primary actions.
43-19-31
None
Extraordinary medical expenses, income of the child, shared needs, and
agreements.
Yes
One year.
Proof of paternity.
Yes
One year.
Our state is primarily judicial
43-19-31
subpoena?
Yes
expended?
both?
Administrative
Judicial.
Judgment
State, County, Local Circuit Clerk's Office.
Yes
$7.50 per document.
Yes
both?
Judical only for Real Property
Judicial.
No
Yes
We do.
be sent?
45 days from commencement of the action.
$250 minimum delinquency. Two month delinquency. IRA accounts are exempted.
45 days or until there is a court decision.
action?
action?

both?
Judicial based on mistaken identity or mistake in overdue support amount.
Court determination.
45 days from receipt of notice. No unique requirements. Non-debtor has same
Centralized. Practically automated.
None.
period?

Yes
Administrative
may have.
Administrative lien, subpoena, requests for information from employers, credit
reporting, and license suspension.
have.
Arrest for civil contempt, State criminal prosecution, or Federal Prosecution.
For real property, liens must be enrolled in the proper circuit court. For
assets such as financial institutions no enrollment is needed.
registration?
Administrative liens on certain assets, such as assets in financial institution
assets.
Register the lien in court.
Judicial contempt for arrest.
(UEFJA)?
No
No
Transmittal #3 or #1 or a combination of the two depending on the services
requested.
information?
state, or both?
every three years)?
Every three years.
On written request of the non-custodial or custodial parent.
A review of all case information is completed and a determination is made if
there has been a 25% change in circumstances. If so, a petition for modification
is filed and completed within 180 days.
order)?
25% change in ordered amount.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Custody arrangements
No
SSA/DIB under Title II can be garnished and child support set on this amount but
SSI under Title XVI cannot be garnished and child support is not set on this
amount.

The early emancipation of the child under certain circumstances if by court
order.
No statutory cite; caselaw.

The Acknowledgement of Paternity can only be done at the Department of Vital
Statistics or at our Department. A copy of a birth certificate can be requested
from the Department of Vital Statistics. Mississippi Vital Records, State Dept
of Health 571 Stadium Dr. PO Box 1700 Jackson, MS 39215 (601) 576-7960 Fax:
(601) 576-7505 Birth $7.00-12.00
A proper UIFSA packet, including a certified order and a new AOA, properly
requesting we collect our own attorneys fees and costs and a finacial statement
showing the needs of the child and proof of the NCP's income and in some
instances proof of service of process and the law of that state on service of
process.
reported?
payment?

cover the lump sum?
payment?
Montana
combination)?
4 Regional Field Offices, 1 Interstate Responding Office and Field Office.
One county office conducts casework on responding UIFSA cases.
Act (UIFSA)?
04/13/1993
10/1993
40-5-101 through 40-5-197.
For additional information: http://data.opi.state.mt.us/bills/mca_toc/index.htm
version)?

Canadian provinces and all countries with which the U.S. has agreements.
No
services.
18 or upon graduation from high school, whichever is later, but no later than
19.
MCA 40-4-208(5); 40-5-201(2).
In the event of the child's death, the child's marriage, the child's enlistment
in the US armed services, or the child's emancipation in a District Court
proceeding.
Yes
Orders entered before October 1, 1991 are subject to termination at age 18,
unless the parents agree upon a later termination date.
emancipate?
No
It depends. Support may terminate if some other party/entity assumes
responsibility for the child.
Yes
Life of order may be extended by written agreement or express provision of
decree.
support?
10 years from date payment due for debt accrued prior to 10/1/93; 10 years after
termination of obligation for payments due after 10/1/93, unless statute of
limitations is tolled.
MCA 40-6-108. Child's 18th birthday.
Yes
possible.
A judgment may be enforced for a period of 10 years from docketing; a writ of
execution may be issued to enforce a judgment for a period of 6 years, which may
be extended by the court for up to an additional 4 years. A judgment lien
continues for 6 years following docketing of the judgment and then expires by
operation of law. A judgment may be extended past its 10-year duration only by
filing a separate action to obtain a new judgment on the existing judgment.
F. Support Details
Modified Melson.
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If the debt is reduced to a judgement.
Yes
Application fee (non-assistance cases), tax intercept fees. May be fees/costs
associated with some judicial proceedings in rare instances.
Application fee (non-assistance cases) if obligor requested services, genetic
testing fees. May be fees/costs associated with some judicial proceedings in
rare instances.
Yes
Genetic testing costs are the only costs recovered.
MCA 40-4-210, 40-5-145, 40-5-231
Yes
Establish - No Modify - No Enforce - Yes, if providing child support enforcement
services.
No
withholding)?
Income Withholding.
MCA 40-5-403(3). Amounts required by law to be withheld (taxes, etc.) and
amounts exempted from judgment, execution, or attachment.
Yes
We can take 50% of wages and 100% of contract proceeds.
payments?
Payer may withhold a fee not to exceed $5.00 per month as compensation for
administrative costs of each withholding.
Employer must implement wage withholding on the next pay period.
employee's pay?
The payer has 7 days to remit amounts withheld from an employee's pay.
MCA 40-5-424, 40-5-226. Employer liable for amounts that should have been
withheld. May also pursue civil contempt, which carries a fine of up to $500 for
each contempt.
See G-7.
No
lines.
No
State lines.

MCA 40-5-413, 414. Have right to request hearing to object on basis of mistake
of fact within 10 days of notice. Hearings conducted by phone. The entire
process must be completed within 45 days.
See MCA 40-5-423. Income withholding order is issued by Montana CSED has
priority over income withholding orders issued by Montana court or court agency
of another state; voluntary or involuntary assignment of wages; other voluntary
deductions from the obligor's income, levies, writs of execution, or
garnishments of the obligor's income; and any other claims by creditors.
assistance?
Yes
proceed.
termination?
rehired?
No
95%
On the condition that neither parent withdraws the acknowledgment within 60 days
after it was signed. MCA 40-6-105.
07/01/1997
Yes
Acknowledgments of paternity must be filed with state vital statistics in order
to rise to level of presumption.
Yes
Depends on whether the marriage has been dissolved or not. If the paternity
presumption arising by reason of marriage is not rebutted during a dissolution
of marriage action, the presumption is irrebuttable and may not be further
challenged. Prior to a dissolution, rebuttal may occur by "an appropriate action
by a preponderance of the evidence," or by genetic testing which excludes the
person as a child's natural parent.
determined?
No
Father's name on birth certificate is mere evidence of paternity, but is not
conclusive.
Yes
Each of the following sets of facts creates a rebuttable presumption: 1. The
alleged father and the mother marry or attempt to marry after the child's birth,
and there is a support order against the alleged father. MCA 40-6-105. 2. The
alleged father receives the child into his home and openly represents the child
to be his natural child. MCA 406-105 3. There is a presumption against the
alleged father under the laws of the state in which the child was born. MCA
40-6-105 4. The alleged father registers with the Putative Father Registry and
the mother does not deny that he is the father. MCA 42-2-209
Yes
MCA 42-2-202. Putative Father Registry
Yes
None
Yes
According to the Montana Supreme Court, a common law marriage must take place
immediately or not at all and there must be a consent to a valid marriage,
cohabitation and public repute.
02/21/1923
Common-law marriage has been a feature of Montana law since territorial days.
Hearings are conducted via telephone.
provisions.
MCA 40-6-109
Yes
If a proper referral is received and recovery is requested. No, if a proper
referral is not received. The matter would be considered non IV-D.
child?

support obligation?
Administrative process utilized by CSED; judicial process in non-IV-D cases.

MCA Title 40, Chapter 5, Part 2 and Part 8
Income of both parents is considered in setting support. Income of a child, new
spouse, etc. may be considered as a variance.
Findings of clear and convincing evidence that the application of the standards
(MCA 40-4-204) and child support guidelines are unjust to the child or to any of
the parties or that the amount determined under the guidelines is inappropriate
in a particular case.
Yes
MCA 40-5-226. For administrative process, support may be established from: date
of birth, if paternity established under MCA 40-5-231 to -238 or Title 40, Ch.
6, Part 1; date of parties' separation, if support is established under
40-5-225.
1. Completed Child Support Enforcement Transmittal #1. 1. Proof of parental
obligation which must consist of at least one of the following: 1) Copy of the
child or children's birth certificate on which the absent parent name appears;
2) Certified copy of parent's marriage license showing children were born during
the marriage; 3) Certified copy of Order of Divorce, Decree of Dissolution, or
other order; 4) Certified copy of a judicial or administrative determination of
paternity; 5) For non-custodial parent of a child for which paternity may be in
question, a notarized acknowledgment of paternity, signed by both parties that
has been filed with Vital Statistics; 6) If non-custodial parent is presumed to
be father of the child by action of state statute, an explanation and a copy of
the statute in question; 7) Certified copy of blood test results showing a 95%
or higher statistical probability of paternity. 2. Signed and notarized
affidavit from CP indicating sufficient financial information for determination
of an ongoing support amount. 3. Any employment, asset, or other relevant
information known about the non-custodial parent.
No
See I4.2
subpoena?
expended?
both?
Administrative
Administrative procedure
Delinquency greater than $150 Debt unenforceable by income with-holding Value of
property exceeds value of any exemptions, service of process and execution, and
amount of any superior liens.
RP-County Clerk of District Court where property located Under Montana District
Court are 21 Districts, 56 Counties PP-State Office of Secretary of State, SOS,
(non-licensed, non-Titled PP) MV-State Department of Justice Motor Vehicle
Division
Yes
Motor vehicle liens: $8 for autos, motorcycles, RV's; $4 for boats, snowmobiles,
off-road vehicles. Secretary of State UCC liens: $7.00
Yes
both?
Both
Both
No notice required. However, the IV-D agency includes a warning notice about
available enforcement remedies in the monthly statement sent to all obligors
w/orders. Also, in notices initiating specific enforcement action, the IV-D
agency lists additional enforcement actions that can be taken, including seizure
& sale.
No
No
N/A
be sent?
N/A
$150 minimum delinquency. No specified number of months delinquent. Medical
benefits used solely to pay for medical care and trusts accounts that do not
belong to the obligor are exempted.
None
action?
action?

both?
Judicial for property seized by Writ of Execution. Administrative for property
seized by warrant for distraint. The district court or child support agency must
hold the hearing within ten days of receiving request. The district court
hearing is limited to whether the property is exempt.
No specified dollar amount. Obligor may initiate an action against the agency in
district court to recover damages
10 days from date of service. Petition for review of administrative hearing
decision must be filed w/the court within 30 days. The total amount of a joint
account is subject to execution to satisfy a judgment. Non-debtor can request
IV-D agency refund non-commingled amounts; if not satisfied, can initiate action
is district court
Automated but not centralized.
By law, if the property holder is the obligor's employer, the writ of execution
or warrant for distraint must be accompanied by a description of the statutory
exemption for net earnings. CSED policy extends the requirement to cover all
property holders - including financial institutions-on whom a writ of execution
or warrant for distraint is served.
period?

Yes
Workers' compensation - Yes, administrative and judicial Unemployment
compensation - Yes, administrative procedure Other state funds - Yes,
administrative procedure.
may have.
have.

The other state must file the lien with the appropriate office, depending upon
the type of property, in the appropriate county or state office.
registration?
Everything except modification process.
Consistent with UIFSA statutes MCA 40-5-184 and 40-5-191.
None.
(UEFJA)?
Yes
25-9-501 et. seq.
information?
state, or both?
every three years)?
AFDC and Non-AFDC cases - upon the request of the obligor or obligee where: 1.
30 months have lapsed since last order was entered or modified; or 2. a
significant change in circumstances has occurred.
TANF and non-TANF cases - upon request of CP or NCP.
Multi-stage administrative proceeding, with possibility of contested case
hearing, and subsequent judicial review, if desired. If underlying order is
issued by a Montana District Court, the CSED's proposed order must be reviewed
by the Court and adopted or rejected.
order)?
1. The support obligation resulting from the modification review must be an
increase or decrease of at least $25.00 per month; 2. The modified support order
must include a requirement for the obligor to get and keep health insurance
whenever it is available through employment or other group plan whenever this
requirement is absent in the previous order; 3. The modified support order must
provide credit to the obligor for social security benefits paid to the child or
children because of the obligor's disability.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
A. Household composition of one of the parents has changed; B. Change in
custody/extended visitation (over 110 days/year); C. One or more of the children
have emancipated, reached the age of majority, or died; D. A child was born to
the parents after entry of the previous order; E. The obligor has become
disabled or rehabilitated since the previous order was entered. Social Security
benefits to the children have begun or ended as a result of the disability; F.
The previous order was set without reference to the guidelines.
No



reported?
payment?

cover the lump sum?
payment?
North Carolina
combination)?
State Administered/state operated.
17 state-operated offices representing 30 counties. Remaining 70 counties
operate program through Department of Social Services, County Tax Manager or
privatized.
Administrative Office of the Courts, several local sheriff's departments and
attorneys
Yes
G.S. 110-130.1
No
Act (UIFSA)?
1/1/1996
1/1/1996
G.S. 52C-1-101 thru G.S. 52C-9-902
http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?0052C
version)?
1996

United Kingdom (Great Britain, Scotland, Wales, Northern Ireland, Ireland)
Germany, Poland, Hungary, Sweden, Canada (Saskatchewan, Manitoba, Newfoundland,
Alberta, Ontario, New Brunswick, and Nova Scotia), Australia
Yes
services.
Cherokee Tribal Court
D. Age of Majority
18 years, unless attending secondary school full time or up to age 20 whichever
comes first.
G.S. 50-13.4
For additional information: http://www.dhhs.state.nc.us/dss/cse/statutes3.htm
18
No
emancipate?
No
Yes
Until age 20 if still attending secondary school..
support?
10 Years
Child's 18 birthday
Yes
possible.
Yes, a judgment can be revived once for 10 years.
F. Support Details
Income shares model
No
conditions.

No
conditions.

No
conditions.
medical bill?
No
Yes
Application fee from obligee.
Paternity testing and filing fees from obligor.
Yes
If the fees are part of a court order or if the request is in the initial
petition when we are asked to establish a court order.
N.C.G.S. 52C-2-201
No
Yes
withholding)?
Income Withholding
AFDC, SSI, federal, payments under Federal Tort Claims Act, federal grants,
fellowships, VA disability, VA Educational Assistance, refunds from erroneous
payment or overpayment of federal income tax, and ROTC.
Yes
NC statutes allow 40% maximum deduction when there is only 1 withholding; 45%
for multiples if the NCP is also directly supporting dependents; 50% for
multiples if there are no other dependents. These limitations are applied to the
child support withholding. When there are deductions for insurance premiums in
addition to child support, we also refer employers to the CCPA limits.
payments?
$2.00 fee per withholding per pay period.
14 days
employee's pay?
7 business days
If the employer fails to comply with income withholding, and negotiations fail
between the IV-D office and the employer, the IV-D office will join the employer
as a third party defendant and request the court to order income withholding to
begin.
There is a $100.00 penalty for first offense; $500.00 for the second offense;
and $1000 for the third offense.
No
lines.
No
State lines.

Within 10 days from receipt of Notice to Withhold, obligor files a Request for
Hearing to contest Income Withholding to enforce child support (AOC-CV-619).
Current support first.
assistance?
Yes
proceed.
termination?
rehired?
Employer
N/A
H. Paternity
No
97% or above.
Conclusive if neither rescission nor an order establishing paternity or support
occurs within 60 days of signing
10/1997
Yes

Yes
By competent evidence
determined?
No
If based on marital presumption, it is not conclusive
No

No
Yes
None
No
Written and teleconferencing. Videotape has not been used at this time.
provisions.
NCGS 52 C
Yes
When requested in the original petition
Affidavit of Parentage or order of the court
child?
One petition with separate Affidavit in Support of Establishing Paternity for
each child
support obligation?
Both
When the non custodial parent agrees and signs a Voluntary Support Order and
Agreement (VSA).
The judicial process is used when the non custodial parent does not agree.
N.C.G.S. 110-133
The other biological parent's income if available.
The guideline amount is inequitable to one party or the child.
Yes
NC can request retroactive support for expenses that a NPA client has expended
for a child at the time of support establishment. The request period has a 3
year statute of limitations. When a petition of support has been filed and
support is established after an extended period of time, the obligation can be
established retroactive to the date of filing.
Affidavit of expenses
Yes
See I4.1
Paternity
G.S. 110-132
subpoena?
expended?
both?
Administrative process
Administrative
3 months arrearage or $3,000. Interstate requests need proof of service of
process on noncustodial parent, and location of property
NC Central Registry forwards to County where property is located
Yes
TBD by Clerk of Court
Yes
both?
Judicial
Administrative
When action is initiated
No
Yes
State
be sent?
Notices of intent are sent to the NCP and Financial Institution simultaneously
$1000 minimum delinquency or amount equal to obligation owed for 6 months
No limitation

action?
action?

both?
Both
None
10 days, same for non-debtor. Grounds for appeal are mistaken identity or
delinquency is less than $1000.00 or an amount equal to the support owed for 6
months
Centalized and automated
Notices of Intent must be served on NCP and Financial Institution in accordance
with Rule 4 of NC Rules of Civil Procedure. Contest must be made in writing to
CSE agency and to court

period?

Yes
Workers' compensation, unemployment compensation.
may have.
Increase in income withholding
have.
Work requirement, work release, bond.
Copy of order, arrears statement, description of property, location of property,
arrears in excess of $3000.00 or arrears equal to three months of child support
obligation.
registration?
Direct Income withholding
A Registration packet is received from initiating state. The packet is filed
with the clerk of court, a notice of registration is served on the non custodial
parent. He has 20 days after service to contest the registration. If he contest,
a hearing is scheduled. If he does not contest, on the 21st. day, the order is
confirmed. A confirmation order is not issued unless a hearing is held.
None. The order is enforced the same as any local case.
(UEFJA)?
Yes
NCGS 44-50
information?
state, or both?
every three years)?
Every 3 years or less if there is a significant change in circumstance.
In public assistance cases, reviews are automatic, in N-TANF cases upon request.
A court order is modified upon motion in the cause and showing of substantial
change in circumstance affecting the welfare of the child by either parent or
interested party or by consent agreement.
order)?
15% deviation from present order amount and if the existing support order is 3
years or more older. If the order is less than 3 years old, the party requesting
the modification must verify "substantial change of circumstance".
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
Physical and emotional health needs, educational needs, day care costs or cost
relating to age of the child; and a change in the custody status may be
considered.
No
Current support - guidelines provide

Vital Records Branch P O Box 29537 Raleigh, NC 27626 Cost $15.00
Transmittal #1 requesting Registration for Modification. Registration Statement,
1 Cert order and all modifications, 1 Cert arrears affidavit, Uniform Support
Petition and General Testimony
reported?
payment?

cover the lump sum?
payment?
North Dakota
combination)?
State-supervised; County-administered.
8 regional child support enforcement units.
Clerks of court, state's attorneys, Attorney General's office, and the Supreme
Court Administrator's office.
Yes. Under state law, an attorney for the IV-D program represents the interests
of the people of the state of North Dakota. Representation by a IV-D attorney
may not be construed to create an attorney-client relationship between the
attorney and any party of witness to the action, other than the people of the
state of North Dakota.
N.D.C.C. section 14-09-09.27
Yes
The Ethics Committee of the State Bar Association of North Dakota issued an
opinion confirming that state law is clear on its face in providing that the
IV-D attorney represents the state and is not the attorney for either the
obligor or obligee. The opinion also addresses the obligation of the IV-D
attorney to fully disclose his or her role to any unrepresented party.
B. UIFSA
Act (UIFSA)?
08/01/1995
08/01/1995
N.D.C.C. ch. 14-12.2.
For additional information: http://ranch.state.nd.us/LR/01/cencode/CCT14.pdf
version)?
1996 amendments effective August 1, 1997.
Not Applicable
None
C. Reciprocity
Canadian Provinces or territories: Alberta, British Columbia, Manitoba, New
Brunswick, Northwest Territories, Nunavut, Newfoundland/Labrador, Nova Scotia,
Ontario, Saskatchewan, Yukon Territory (pending); Australia; Czech Republic;
England; France; Germany; Ireland, Mexico; Netherlands; Norway; Poland;
Portugal; Slovak Republic; Sweden; and Switzerland.
No
Not applicable
No
services.
Not applicable
D. Age of Majority
18 years of age.
N.D.C.C. section 14-09-08.2.
18 years of age. If child is enrolled and attending high school and child
resides with person to whom duty of support is owed, child support extends
obligation until child is 19 or graduates from high school, whichever occurs
first.
No
Statute specifically indicates that it is applicable to any child support order,
regardless of the date of entry of the order.
emancipate?
No
Not automatic. May be considered by the court on a case by case basis.
Yes
If the parties agree or if the court determines the support to be appropriate.
No
support?
Effective April 2, 1999, past due child support is no longer subject to statute
of limitations. Past due child support which had been affected by the statute of
limitations prior to April 2, 1999, is not revived; however, application of the
statute of limitations, while it serves to bar certain judicial enforcement
remedies, does not extinguish the debt. Also, effective August 1, 2005, the
duration of a lien arising from a docketed judgment and the time period for
issuing an execution are not subject to a statute of limitations.
A paternity action can be commenced at any time, even after the child becomes an
adult (but only if the child initiates the action) or an earlier paternity
action has been dismissed based on a statute of limitation then in effect.
No
possible.
Not applicable
F. Support Details
Variable percentage of obligor's net income.
Yes
conditions.
The interest rate is equal to the prime rate as published in the Wall Street
Journal on the first Monday in December of each year plus three percentage
points and rounded up to the next one-half percentage point. Interest may not be
compounded. The IV-D program will calculate interest on arrears that accrued
after July 1, 2002. For arrears that accrued on or before July 1, 2002, the IV-D
program will calculate interest effective January 1, 2004. Otherwise, interest
will only be added to the IV-D program's records if a court has ordered the
interest amount to be calculated by some other individual or entity and has
approved the calculated amount. For purposes of interest, arrears must be due in
a month prior to the current month.
Yes
conditions.
Yes
conditions.
medical bill?
No
Not applicable
No
Not applicable
Not applicable
Yes
None
N.D.R.Civ.P Rule 4(b) (General Long-Arm) NDCC Section 14-12.2-04 (UIFSA).
Yes
Establish - No, Enforce - Yes. If the spouse/former spouse is living with the
child or children and the child support obligation is being enforced by IV-D,
Modify - No.
No
None
withholding)?
Income Withholding.
Public assistance benefits administered under state law.
No
Not applicable
payments?
Income payer (employer) may withhold an additional $3 per month.
No later than the first payday that occurs after service of the income
withholding order.
employee's pay?
Within 7 working days of the date the obligor is paid.
Procedures for sanctions may be either judicial (e.g., contempt of court) or
administrative (e.g., late fee).
Income payer (employer) may be punished for contempt of court, which may include
a fine. The income payer (employer) may also be personally liable for the amount
of income that the income payer (employer) failed or refused to deliver, along
with costs, interest, and reasonable attorney's fees. In addition, if the income
payer (employer) failed or refused to deliver income for more than 14 days, the
income payer (employer) is liable for damages of $200 or actual damages,
whichever is greater. An income payer (employer) who fails to deliver income for
more than seven days may be charged a late fee of $25 per obligor per day or $75
per day, whichever is greater.
Yes
lines.
Send to: Job Service of North Dakota 1000 E Divide Ave PO Box 5507 Bismarck, ND
58506-5507
Yes
State lines.
Send to: Workforce Safety & Insurance PO Box 5585 Bismarck, ND 58506-5585
A written request for hearing must be filed within ten days of the date of the
notice to the obligor.
If the obligor has more than one child support claim and the combined amount to
be withheld exceeds 50% of disposable income, the income payer (employer) must
withhold and transmit the maxiumum amount permitted. The amount transmitted will
be allocated among the claims based on the portion of each claim to the combined
total of all claims.
assistance?
Yes
proceed.
Not applicable
Disposable income means gross income less deductions required by law for taxes
and social security.
termination?
Within seven days of the employee's termination.
rehired?
It is recommended that the employer retain the income withholding order for one
year if it is anticipated that the employee will be rehired.
No
Yes
Employer: Yes Financial Institution: No, unless the financial institution is the
employer Workers Compensation: Yes Other Income Payer: Yes
Any amount owed under an income withholding order must be satisfied before any
payment is made to a health insurance provider.
H. Paternity
No
IV-D does not address custody or visitation, but courts may address issues on
own volition.
99% or higher
If there is at least a 99% probability of paternity, a rebuttable presumption is
created.
07/01/1995
Yes
None
Yes
In general, a proceeding brought by a presumed father, mother, or another
individual to adjudicate the paternity of a child having a presume father must
be commended no later than two years after the child's birth. However, a
proceeding to disprove paternity of a presume father may be commenced at any
time if the court finds that the presumed father and mother didn't cohabitate or
engage in sexual intercourse with each other during the probable time of
conception and the presumed father never openly held out the child as his own.
determined?
No
Before voluntary paternity acknowledgments creating a conclusive presumption of
paternity were implemented, it was possible for a father's name to be added to a
birth certificate based on a rebuttable acknowledgment of paternity.
Yes
In addition to the marital presumptions, a presumption of paternity is created
if a man resides in the same household as a child for the first two years of the
child's life and openly holds out the child as his own.
No
Not applicable
No
No fees for an acknowledgment of paternity.
No
Not applicable
Not applicable
With court's permission, written, video or audio testimony is acceptable.
provisions.
N.D.R.Civ.P Rule 4(b) (General Long-Arm) N.D.C.C Section 14-12.2-04 (UIFSA)
Yes
Genetic testing costs are subject to recoupment from the alleged father if
paternity is established.
If a child's parents are unmarried, the father's name may not be entered on the
child's birth certificate unless the parents sign a voluntary acknowledgment of
paternity that is filed with the Vital Records agency or there is an order
adjudicating paternity entered by a court or other entity of competent
jurisdiction.
7/1/1997
child?
One set of documents (with paternity affidavit for each child)
support obligation?
Judicial process.

All of the obligor's income only, excluding means tested public assistance
benefits, employee benefits over which the employee does not have significant
influence or control unless the benefit may be liquidated without income tax
penalty to the employee, and child support payments.
The increased need if support for more than 6 children is sought; the increased
ability of an obligor, with a monthly net income which exceeds $10,000, to
provide child support; the increased need if educational costs have been
voluntarily incurred, at private schools, with the prior written concurrence of
the obligor; the increased needs of children with disabling conditions or
chronic illness; the increased needs of children age twelve or older; the
increased needs of children related to the cost of child care, purchased by the
obligee, for reasonable purposes related to employment, job search, education,
or training; the increased ability of an obligor, who is able to secure
additional income from assets, to provide child support; the increased ability
of an obligor, who has engaged in asset transaction for the purpose of reducing
the obligor's income available for payment of child support, to provide child
support; the reduced ability of the obligor to provide support due to travel
expenses incurred solely for the purpose of visiting a child who is the subject
of the order; the reduced ability of the obligor to pay child support due to a
situation, over which the obligor has little or no control, which requires the
obligor to incur a continued or fixed expense for other than subsistence needs,
work expenses, or daily living expenses; the reduced ability of the obligor to
provide support due to the obligor's health care needs, to a limited extent; and
the reduced ability of the obligor to provide support when two or more of the
obligor's children are in foster care or guardianship care.
Yes
IV-D will go back to (1) TANF: date of assignment or birth whichever occurs
later, (2) Non-TANF: date of application.
Child Support Enforcement Transmittal #1, Uniform Support Petition, General
Testimony.
Yes
No limitations under state law; however, there are limitations under IV-D
policy. See I4.1.
subpoena?
State law gives North Dakota's IV-D program the power to require by subpoena the
attendance of witnesses and the production of books, records, and papers. See
N.D.C.C. Section 50-09-08.2.
expended?
both?
Administrative.
Administrative
RP - due date of support obligation PP - arrearage equals 6 times monthly
obligation and obligor is not current in court established plan to repay
Financial Institution - Accounts
Yes
North Dakota CSE cases are exempt. Other states may be subject to varying fees.
Yes
both?
Executions on property may be either judicial or administrative.
Liens; administrative. Execution: may be administrative or judicial
A notice is sent to an obligor when a case meets federal tax refund offset
criteria. This notice also informs the obligor that the debt may be subject to
passport denail and state tax refund offset processes. Any other notice required
for a particular enforcement action is provided when the action is taken.
No
Yes
Lien on Account: yes, a copy of the notice of lien must be served by IV-D on the
obligor by first-class mail at last known address. Execution on account: any
notice to the obligor(i.e,notice of levy) is provided by the sheriff (or other
officer)
be sent?
Lien on account: Obligor is served w/a copy when the financial institution is
served. Execution on account: Any notice to the obligor (i.e.,notice of levy) is
provided by the sheriff(or other officer)
Amount greater than 6 times the monthly obligation and the obligor is not
current in a court-established repayment plan
None. Lien on account remains until lien is released
action?
action?

both?
Judicial(even if action was administrative)
None
Administrative action(liens and executions): the request for review must be
filed w/the ND court that has issued the child support order. If the child
support order will issued by another state, the request for review must be filed
w/any ND court that has jurisdiction to enforce the other state's order. If no
ND court has jurisidiction to enforce the other state's order, the request for
review must be filed w/any ND court w/jurisdiction over the necessary parties.
The request for review must be filed within 30 days of the administrative
action. Execution: (administrative or judicial): The obligor has ten days after
service of the notice of levy to claim exemptions.
Not centralized. Partially automated. System will identify likely cases and
track timeframes. Workers will review case information, generate documents, and
take appropriate actions
period?

Yes
Worker's compensation and unemployment compensation benefits - both
administrative and judicial. State Tax Refund Intercept - administrative.
may have.
Income withholding.
have.
Contempt of Court, criminal non-support statutes.
State law determines specific filing requirements for certain types of personal
property. N.D.C.C. ch. 35-34. A lien on a vehicle is filed with the ND
Department of Transportation; a lien on a vessel is filed with the ND Secretary
of State; a lien on other types of personal property may be filed with the
Register of Deeds in the county in which the property is located or with the ND
Secretary of State; a lien on a financial account is filed with the financial
institution in which the account is located. To file a lien against real
property, a judgment for the amount of unpaid child support must be docketed
with the clerk of district court in the county in which the property is located.
The creditor or creditor's assignee must file a written request accompanied by:
1. a verified statement of arrearage or certified copy of the payment records,
and 2. An affidavit of identification of the judgment debtor.
registration?
Any administrative remedy. However, registration is strongly encouraged.
Orders may be registered, under UIFSA, for enforcement.
None.
(UEFJA)?
Yes
N.D.C.C. ch. 28-20.1
No
The requesting state must send completed Transmittal #1, certified copy of the
support order, notarized affidavit of arrears signed by the official record
keeper in the other state, and bank account information. On the Transmittal #1,
indicate that "Request is for bank levy action only, case to be closed after
collection."
information?
state, or both?
every three years)?
3 years.
A review will not be conducted, in any type of case: if the court order is less
than 35 months old, less than 35 months has elapsed since the last review, or
less than six months remains on the current support obligation. In addition, a
review will not be conducted in a Medicaid-only case or in a non-TANF case, if
neither party requests a review. However, whenever there is a $0 child support
order in any case, regardless of the 35-month interval, the order may be
reviewed. If such an order is less than one year old, there must be a material
change in circumstances in order for a review to be conducted.
Upon the completion of the review, the parties are notified of the results. If
the review has determined that a modification is appropriate, the parties are
given an opportunity to stipulate. If parties do not stipulate to the
modification, a motion is made to the court and a hearing may be held.
order)?
15% change (upward or downward) - If the current order provides for child
support payments in an amount less than 85%, or more than 115%, of the guideline
amount.
apply, if any?

No
No
decreased.
No
has changed.
No
insurance.
No
No
The criteria for demonstrating a change in circumstances are not specifically
defined (case by case determination), except that the following are considered
material changes in circumstances: child receiving public assistance, the
availability of health insurance at reasonable cost, and the need to provide for
a child's health care needs, through health insurance or other means.
No

To obtain a copy of a voluntary paternity acknowledgment, a written request must
be forwarded to North Dakota's Vital Records agency. The written request must
contain the following identifying information: child's name, child's date of
birth, child's place of birth, and parents' names. The written request must be
accompanied by a release of information signed by the child's parent or guardian
(or by the child, if the child is age 18 or older). The written request and
release of information may be mailed or faxed to Vital Records. There is no
charge for obtaining a copy of a voluntary acknowledgment. To obtain a copy of a
birth certificate, a Request for Birth Certificate form (available on North
Dakota Vital Records website at www.vitalnd.com) must be completed and forwarded
to North Dakota's Vital Records agency. The completed Request for Birth
Certificate form must be accompanied by a notarized release of information
signed by the child's parent or guardian (or by the child, if the child is age
18 or older). There is a $7.00 fee for obtaining a copy of a birth certificate.
The fee must accompany the Request for Birth Certificate form and the release of
information.
Completed Transmittal #1, two copies (including one certified copy) of all
orders to be registered, a notarized affidavit of arrears signed by the official
record keeper in the other state, and completed Registration Statement.
Yes
Lump sum payment includes pay in liew of vacation or other leave, bonus,
commission, and any other payment to an obligor but does not include periodic
payments made on regular paydays as compensation for services or reimbursement
for expenses incurred by the obligor on behalf of the income payer (employer).
N.D.C.C. Section 14-09-09.34
Yes
N.D.C.C. Section 14-09-09.34
No
reported?
Not applicable
Income payers (employers) to whom the lump sum reporting law applies are
required to "notify" IV-D before making any lump sum payment of $1,000 or more
to the obligor. No particular form of notification is mandated.
30 days
Income payers (employers) to whom the lump sum reporting law applies maydisburse
one-half of the lump sumn to the obligor and must hold the other one-half for 30
days or until authorized in writing by IV-D to pay the other one-half, whichever
occurs first. Income payers (employers) must continue to hold the other one-half
after the 30-day timeframe if the income payer (employer) has been notified that
execution, garnishment, attachment, or other legal process has been initiated
against the lump sum for child support arrears.
payment?
No
cover the lump sum?
Not applicable
Yes
payment?
Writ of execution
Child Support Deduction order
No
Not applicable
Income payers (employers) to whom the lump sum reporting law applies may
disburse one-half of the lump sum to the obligor and must hold the other
one-half for up to 30 days. During this 30 days, IV-D may attach the one-half
being held in full or up to the amount needed to satisfy the arrears, whichever
is less.
No
Not applicable
Nebraska
combination)?
A combination
14 offices
County and authorized attorneys, clerks of the district court, and state
agencies (i.e. Department of Labor, State Court Administrator, Department of
Revenue)
Yes
Neb. Rev. Stat. §43-512.03(5) (Reissue 2004)
Yes
County/Authorized Attorneys represent the interests of the State in Child
Support matters.
B. UIFSA
Act (UIFSA)?
6/9/1993
1/1/1994
Neb. Rev. Stat. §42-701 to 42-751 (1998)
For additional information: http://statutes.unicam.state.ne.us/
version)?
N/A
2001
2003
C. Reciprocity
Australia, Czech Republic, France, Germany, Hungary, Ireland, Netherlands,
Norway, Portugal, Slovak Republic, Switzerland, and the Canadian Provinces of
Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Northwest
Territories, Nova Scotia, Nunavut, Ontario, and Saskatchewan.
No
services.

19 years of age, unless the child marries, dies, or is emancipated by the court.
Neb. Rev. Stat. §43-2101 (1998) see also Neb. Rev. Stat. §42-371.01 (1998).
See Neb. Rev. Stat. §42-371.01 (1998).
Yes
The age of emancipation at the time the order was entered governs.
emancipate?
No
Yes
Only if parties agreed and its included in the support order.
support?
None.
4 years after the child's birth if brought by the mother or alleged father; 18
years after the child's birth if brought by a guardian or next friend of child
or the state.
No
possible.
In Nebraska judgements for child support and spousal support become liens on
real and personal property by operation of law. This statutory lien expires 10
years after the youngest child becomes of age or dies or the most recent
execution was issued to collect the judgment, whichever is later.
F. Support Details
Yes
conditions.
In Nebraska, child support is considered a judgment. The interest rate on
judgments is fixed at a rate equivalent yield of the average accepted auction
price for the last auction of one-year Treasury bills, and takes effect two
weeks after the publication of the auction price by the Secretary of the
Treasury, pursuant to Neb. Rev. Stat. §45-103
Yes
conditions.
Yes
conditions.
medical bill?
Yes
In Nebraska child support, medical support etc. must be stated in a sum certain
pursuant to state case law; therefore, if the amount is just stated as a
percentage, then the answer is no. In other words the amount must be reduced to
a judgment.
Yes
Allowed pursuant to statue. Currently application fee is $1.00 and is paid by
the state.
None
Yes
If we know what they are and the Court allows it.
Neb. Rev. Stat. §42-705 (1998)
Yes
Nebraska will enforce alimony or maintenance support for a spouse or former
spouse if the provision for support is part of an order, decree, or judgment
which provides for child support and the child and spouse or former spouse are
living in the same household. However Nebraska will not establish or modify
spousal maintenance orders.
No
withholding)?
Income Withholding.
SSI, VA Disability.
No
payments?
Up to $2.50 per calendar month.
An employer must initiate the income withholding beginning with the next pay
period following the date on the withholding notice.
employee's pay?
Within 7 days after the date the obligor is paid.
The county or authorized attorney files an action in district court.
Up to the discretion of the court.
No
lines.
N/A
No
State lines.

1) If an order does not contain an income withholding provision, a Notice of
Intent to Withhold is sent to the obligor. After receiving the Notice of Intent
to Withhold, the obligor may send a request for an administrative hearing to the
Neb. Dept. of Health and Human Services. The request must be postmarked within
15 calendar days of the date the Notice of Intent to Withhold was sent. Upon
exhaustion of administrative remedies the obligor may seek judicial review. 2)
Orders containing income withholding provisions and direct income withholding -
the obligor would contest by filing in district court.
Income withholding orders for child support have priority over other civil
garnishments. In cases with more than one income withholding order, collections
are prorated and applied to all orders. Priority is given to current support. If
all current support orders are satisfied, any remaining collections would be
applied to any existing arrearages, also on a prorate basis.
assistance?
No
proceed.
Neb. Rev. Stat. §43-1718.02 (2)(I) (1998) and Neb. Rev. Stat.
§43-1723-(10)(1998).
termination?
rehired?
Yes -employers -financial institutins -workmans compensation
Current Child Support first. Remaining collection applied to Medical Support
H. Paternity
Yes
The court may entertain custody and visitation issues, if the parties are
represented by their own counsel or wish to proceed pro se.
Pursuant to Neb. Rev. Stat. §43-1415 (1998) a 99% rebuttable presumption.
9/9/1997
Yes

Yes
By court action.
determined?
Yes

No

Yes
Biological Father Registry.
Yes
None.
Yes
While common law marriages can not be "made" in Nebraska, marriages contracted
outside of Nebraska will be recognized if they are valid under the laws of
another state.
1923
Prior to 1923 common law marriages were recognized.
Pursuant to Neb. Rev. Stat §42-729 (1008), UIFSA special rules of evidence and
procedure, interrogatories, depositions, videotaped testimony or
teleconferencing.
provisions.
Neb Rev. Stat. §42-705 (1998).
Yes
Yes Acknowledgement of Paternity
child?

support obligation?
Judicial.
N/A
All
Under the Shared Income Model, both the custodial and non-custodial parent's
income are considered.
Pursuant to Neb. Rev. Stat. §42-364.16 (1998), the guidelines will be strictly
applied unless the court finds that one or both parties have produced sufficient
evidence to rebut the presumption that the application of the guidelines will
result in a fair and equitable child support order.
Yes
Retro to the date of birth. Birthing/prenatal expenses may also be recovered if
the petition is filed within 4 years of the child's birth. An order will not be
established until the child is born.
Determined by local county/authorized attorney. A state must indicate on the
interstate transmittal if it wants retro support.
No
When requesting the establishment of support all interstate requests must
include a request for current support.
Paternity Enforcement
Neb. Rev. Stat. §43-1408.01 (Reissue 2004) for paternity acknowledgement and
Neb. Rev Stat. §43-512.12 (Reissue 2004) for review and modification.
subpoena?
Yes
expended?
both?
Both - when administrative remedies are exhausted, then judicial.
Judicial
Child Support Order
County
Yes
Varies
Yes
both?
Judicial.
Administrative
No notice required when case is established or when the case becomes delinquent.
However, two notices are required prior to freeze and seize action: 1. Notice of
arrearage and 2. notice that withhold and deliver has been sent to a payor.
Notice of arrearage is sent when payment on a support order is in arrears in an
amount equal to more than three months support or upon request from a IV-D
agency from another state, and it is determined to seize property. The Notice of
Arrearage must be sent at least 30 days prior to the Freeze and Seize action.
No
Yes
The state sends a second notice after the issuance of the order to withhold and
deliver
be sent?
The second notice must be sent within 5 days after the issuance of the order to
withhold and deliver is sent to the financial institution.
No minimum delinquency dollar amount. Delinquency must be an amount equal to
more than 3 months support. No accounts exempted
Approximately 15 days if there is no co-owner and if obligor does not request a
hearing. If obligor and/or co-owner requests hearing, the account will be frozen
until decision is rendered.
action?
action?

both?
Administrative. When administrative remedies are exhausted then judicial remedy
is available.
None
20 days from date first notice is mailed. The first notice informs obligor that
he/she is delinquent and that his/her property may be seized. 7 days from date
second notice is sent. Second notice is sent after assets are frozen. Non-debtor
has appeal rights. Non-debtor has 15 days to request a hearing
Not centralized. Not automated
None
period?

Yes
Both - when administrative remedies are exhausted, then judicial.
may have.
State Lottery Offset, both - when administrative remedies are exhausted, then
judicial.
have.
Contempt, criminal non-support.
With regard to Interstate Liens, registration of the lien is accomplished by
sending a certified copy of the order, with the appropriate filing fee, to the
Clerk of the District Court in the county where the property is situated.
registration?
Income withholding, which includes the withholding of unemployment insurance
benefits, State Lottery Offset, State Revenue Offset.
Registration - Nebraska follows UIFSA procedures for registration. Enforcement -
based on county/authorized attorney's discretion.
None
(UEFJA)?
Yes
Neb. Rev. Stat. §25-1587.01 to 25-1587.09 (1995).
No
Process initiated from Interstate Case Registry.
information?
state, or both?
every three years)?
Non-public assistance cases - only upon request and no more often than 3 years,
unless the requesting party can show a substantial change in circumstances;
Public assistance cases - every 3 years, unless there has been a substantial
change in circumstances.
The state IV-D agency may initiate a review, the CP NCP or guardian may request,
but in all instances no more than every 3 years unless there has been a
substantial change in circumstances.
A review of a child support order can be requested by either parent or initiated
by the IV-D agency. A review and modification packet is sent to the requesting
party (in agency initiated cases the packet is sent to the CP receiving public
assistance) to complete and return. Once all information is received from the
requesting party or, if agency initiated, the custodial parent, a notice of
intent to review is sent to the non-requesting parent. The non-requesting parent
has 30 days to respond. After 30 days, a review determination notice is sent to
both parents stating the results of the review and whether or not the case will
be referred to the county/authorized attorney. An order shall be referred to the
county/authorized attorney for filing an application for modification with the
court when: 1) The newly calculated support varies by 10% (upward or downward);
2) Health insurance is available to the non-custodial parent and the child or
children is not covered by health insurance; and 3) Failure by a non-requesting
parent to provide adequate financial information creates a rebuttable
presumption. Upon receipt of the review determination notice, each parent is
allowed 30 days to submit a written request for consideration stating the
reasons he/she disagrees with the review determination, along with any evidence
or documentation that supports his/her position. Once the 30-day reconsideration
period has expired, the order is referred to the county/authorized attorney for
possible modification. Once referred to the county/authorized attorney, the
attorney decides whether or not he/she will file the application with the court.
order)?
A rebuttable presumption of a material change is created when the newly
calculated support and present support obligations vary by 10% and the variance
is due to financial circumstances which have lasted at least 3 months and can be
reasonably expected to last an additional 6 months.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
No
No
K.5.1. Yes, if the change results in a 10% variation (upward or downward) in the
amount of support and that change has lasted at least 3 months and can be
reasonably expected to last an additional 6 months. K.5.2. Yes, if the change
results in a 10% variation (upward or downward) in the amount of support and
that change has lasted at least 3 months and can be reasonably expected to last
an additional 6 months.
No
Applied to currently support first; arrearages second; interest third

The court may provide an adjustment in child support when visitation or
parenting time substantially exceeds alternating weekends and holidays and 28
days or more in any 90-day period.
Neb. Rev. Stat. §42-364.16 (Reissue 2004) and Paragraph J of the Nebraska Child
Support Guidelines.
Nebraska Review and Modification packet is required.
For all Nebraska Births, except Douglas County Vital Records Management Gold's
Building - Vital Stats - 1st floor P.O. Box 95065 1033 O Street, Suite 130
Lincoln NE 68509-5065 (402)471-2871 For birth in Douglas County Vital Records
Management Douglas County Health Department 402 Civic Center Omaha, NE 68683
(402)444-7205
Child Support Enforcement Transmittal #1 -- Initial Request 1 Certified copy of
all support orders and modifications Certified statement of arrears Certified
month-to-month pay history
reported?
payment?

cover the lump sum?
payment?
New Hampshire
combination)?
11 district offices, one centralized Interstate office and one centralized legal
office
Administrative Office of the Courts
Act (UIFSA)?
04/03/1997
01/01/1998
RSA chapter 546-B
version)?

None.
No
services.

Until age 18 or terminates high school, whichever is later; or becomes married
or becomes a member of the armed services; unless children are declared legally
dependent beyond that age due to mental or physical disability; or unless the
court has otherwise ordered support to continue beyond age 18.
RSA 458:35-c
18 or graduates High School whichever is later
No
emancipate?
No
Yes
There must be a court order to extend beyond the age of majority. Decided on a
case by case basis examples of extenuating circumstances include physical or
mental handicap of the child or college.
support?
Pursuant to RSA 508:5 Once a debt is a judgment the statute of limitations is 20
years and pursuant to RSA 458:17,VII, support payments become judgments when due
and payable by operation of law. (effective 1988)
Action must be commenced by the child's 18th birthday. Legal cite RSA 168-A:12.
No
possible.
New Hampshire's guidelines are statutorily determined using an income shares
formula.
No
conditions.

No
conditions.

No
conditions.
medical bill?
No
Yes
Blood testing, if court ordered.
Yes
If a court ordered dollar specific amount.
RSA 510:4
Yes
We do not establish or modify spousal maintenance orders, we will enforce
spousal maintenance if it is in conjunction with a child support order.
No
withholding)?
Wage Assignment
Public Assistance, including TANF, APTD, SSI, Food Stamps and general assistance
received from a county or town.
No
payments?
$1.00 per transaction which is optional
The first payday after receipt of the notice
employee's pay?
Immediately on each payday.
$1000 criminal misdemeanor fine, plus $100 administrative fine for each payday
for each employee.
Same as G7.
No
lines.

State lines.

He may contest either by administrative or judicial process, at the obligor's
choice.
If multiple withholding orders are payable through N.H. D.C.S.S., money is
prorated between orders.
assistance?
No
proceed.
The employer should contact the other state requesting the wage assignment
Employers should read the notices carefully and if they continue to have
questions they should call the contact listed on the Notice of Income
Withholding(s).
termination?
rehired?
No
97%
However a paternity acknowledgment may be rescinded during the 60 day recission
period.
11/01/1990
Yes

Yes
It is rebuttable through Judicial process.
determined?
No
It is a legal determination but may be rebutted through a court action.
No

Yes
Claim of paternity affidavit registry.
Yes
None.
Yes
Only recognized at the death of a party.
It is up to the Judge in each case to make a determination. Teleconferencing has
been allowed.
provisions.
RSA 510:4
Yes
When court ordered.
child?

support obligation?
Even though Administrative establishment is allowable under state law, only an
expedited judicial process is currently in use.
Administrative process is not currently in use
Judicial process is the only process in use.
The Custodial parents.
Pursuant to RSA 458-C:5 there may be adjustments to the application of the
guidelines under special circumstances as determined by the court. For example
such as for the extraordinary medical, dental or education expenses incurred by
a party on behalf of the children involved, or for shared custody arrangements.
Yes
For TANF cases, for periods of receipt of Public Assistance. For Non-TANF cases
back to the date of filing the petition to enforce support.
A petition, a return of service or waiver of service, a completed guideline
worksheet, financial affidavits completed by both parties, and a proposed
Uniform Support Order.
Yes
subpoena?
expended?
both?

Administrative and Judicial
$1,500 arrearage
RP - County Registry of Deeds PP - Local City Clerk Directly w/bank after asset
location
No
Yes
both?
However the state enforces the lien at the time of the normal sale of property.
Administrative
Administrative
Established
No
Yes
State
be sent?
$500 minimum delinquency plus 60 days delinquent and 75% of total obligation has
not been paid within 90 days. IRA accounts are exempted.
20 days

action?
action?

both?
Administrative
None
20 days from date of notice to request caseworker review. 30 days from date of
caseworker decision to request administrative review. If obligor claims that
funds belong to a present spouse, IV-D agency will set up administrative review
and allow both to be present at the review. No recourse for non-debtor
Not centralized. Automated
None

period?

Yes
Both for Unemployment Compensation only.
may have.
Obligors in NH have the right to either a court or administrative review for any
administrative enforcement action.
have.
See J8.
For real property, only, the state requires that the out of state order be
registered through the Central Registry Unit prior to the lien being placed on
the real property.
registration?
Wage Withholding, Financial Institution Data Match, License Revocation
Interstate Enforcement Transmittal Request and required documentation must be
sent to Central Registry. Central Registry follow UIFSA requirements for the
registration of a foreign support order for enforcement.
None
(UEFJA)?
Yes
RSA chapter 524-A
information?
state, or both?
every three years)?
Orders may be reviewed every three years or upon a substantial change of
circumstances for either party or the child.
Upon the request of either party.
A petition requesting the modification with basis for requesting the
modification must be filed in the appropriate court and served upon the opposing
party.
order)?
There must be a substantial change in circumstances for example if there is a
20% increase or decrease in either parties income or the children incur
extraordinary medical expenses, or after three years have elapsed from the date
the order was issued.
apply, if any?
Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Economic consequence of the presence of stepparents, stepchildren or other
natural or adoptive children, Reasonable expenses incurred by the obligor in
exercising visitation, the economic consequences to either party from the
disposition of the marital home, the federal tax consequences of the order,
state tax obligations, split or shared custody arrangements, post secondary
educational expenses of the children of the order or other children.
No

reported?
payment?

cover the lump sum?
payment?
New Jersey
combination)?
State administered/State and County operated
21 county welfare agencies
Administrative Office of the Courts, Department of Labor, Division of Youth and
Family Services. County Sheriff's Departments, County Departments of Law
No
No
Act (UIFSA)?
3/5/1998
3/5/1998
N.J.S.A. 2A:4-30 et seq
For additional information: http://www.judiciary.state.nj.us/csguide/index.htm
version)?
1996

Australia, Austria, Bermuda, Canada (Alberta, Labrador, Manitoba, New Brunswick,
Newfoundland, Northwest Territory, Nova Scotia, Ontario, Quebec, Saskatchewan,
Yukon Territory), Czech Republic, Finland, France (Guadeloupe, French Polynesia,
Martinique), Germany, Hungary, Ireland, Jamaica, Mexico, The Netherlands,
Norway, Poland, Portugal, Slovak Republic, South Africa, Sweden, United Kingdom
(England, Wales, Isle of Man, Northen Ireland, Scotland)
No
No
services.

The age of majority is 18 years old; however attaining this age does not
automatically emancipate the child
NJSA 9:17B-3
There is no automatic termination of support at any age. Emancipation is
determined by the court on a case by case basis
No
emancipate?
No
A motion must be filed with the court to emancipate the child for any reason.
Yes
If the child is handicapped or continuing education or any other reason as
determined by the court.
No
Party must petition court for modification due to emancipation
support?
None
5 years beyond the child's 18th birthday
No
possible.
Shared income model
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If ordered by the court.
No
No
The exception is genetic testing fees.
N.J.S.A. 2A:4-30.68
Yes
If ordered by the court.
Yes
For calculating the guidelines and the other dependent deduction
withholding)?
Income withholding, wage withholding, wage execution
TANF, Food Stamps, General Assistance, Supplemental Security Income for the
Aged, Blind, or Disabled, Veterans' Administration Disability payments
No
payments?
$1.00
The first pay period that ends immediately after the date the notice was
postmarked
employee's pay?
At the same time as the date of withholding
Employer is liable for the accumulated amount that should have been withheld and
a fine as determined by the court. The obligee may also commence legal action.
Determined by court
No
lines.
Requests must be submitted to the State IV-D Agency
No
State lines.

Obligor must notify probation division within 10 days; a hearing must be held
within 20 of receipt of contest and a decision be made.
The payor shall withhold payment on a pro rata basis up to the limits of the
CCPA
assistance?
No
proceed.
The employer must contact the appropriate agency designated on the withholding
notice
Yes
termination?
rehired?
Not specified
No
No
Employer, financial institution
Child support first; then medical support as an arrears balance
H. Paternity
Yes
If the complaint filed also requests that custody and visitation be considered
the court will address the issue.
95%
NJSA 9:17-41However was amended in 1998 to allow 60 days to rescind
06/20/1995
No

Yes
A presumption may be rebutted by clear and convincing evidence as determined by
the Court.
determined?
No
Rebuttable presumption
Yes
If the parents are or have been married; if a marriage was attempted prior to
the birth, but declared invalid; if a marriage was attempted after the birth,
but declared invalid; if he openly holds the child to be his; if he provides
support for the child; he acknowledges paternity in writing and files such with
local registrar and is not disputed by the natural mother.
No
Yes

No
A verified statement given under oath in another state is acceptable, as well as
testimony by telephone, audiovisual means, or other electronic means.
provisions.
NJSA 2A:4-30.68-69
Yes
If ordered by the court
If the parents are unmarried, the parents must have completed certificate of
parentage (COP)or obtained a court order
child?
Send one set with separate paternity affidavits.
support obligation?
State uses a judicial process.

Custodial parent's gross income/ assets; prior child support court orders; child
care costs; special medical needs of the child; second family involvement
A written or specific finding on the record is required, stating that the amount
is unjust or inappropriate.
No
No
subpoena?
expended?
Yes, temporary custody can be given and a support order entered
Yes
Modification
both?
Both
Both
Any arrearage
State Superior Court Clerk's Office
Yes
$25 Judgments, $5 Writ
Yes
both?
Available but rarely used
Administrative
When account is levied
Yes
Yes
State and financial institution
be sent?
5 working days after letter to financial institution
Three months delinquency and no regular payments for 35 days.
None
Yes
Three months in arrears and no payments for 35 days
No

No
The full amount can be levied, but usually 50% is levied.
No
State
action?
30 days
action?
45 days to forward challenge to the Appellate Court
Mistaken identity, incorrect arrearage amount, court litigation, joint account,
extreme hardship
both?
Administrative. Obligor has right to request a review based on mistake of fact
or mistaken identity. Appeals received from an injured spouse will also be
accepted.
None
Judicial
45 days from date of notice. No unique requirements. No recourse for non-debtor
Centralized. Automated
None
No
Yes
State sends letter to financial institution to liquidate assets.
period?
Yes
40 days
40 days after the initial notice
Yes
Unemployment benefits, workman's compensation, homestead rebate; administrative
may have.
Passport, lottery, insurance liens
have.
Incarceration.
All child support arrears are liens or judgments by operation of law; interstate
liens must be registered with the Judgment Section, Clerk, Superior Court of New
Jersey, PO Box 971, Trenton, NJ 08625. To record another state's lien, the
following documents are required: The federally approved Notice of Lien form; an
affidavit with the names and mailing address of the creditor and debtor; a
certified copy of the order making the past-due support a judgment or a
certified copy of the underlying support order and a copy of the state statute
making past-due support a judgment by operation of law. There is a $25 filing
fee to record a foreign judgment. To verify that the lien has been recorded, a
copy of the Notice of Lien and a stamped self-addressed envelop must be provided
at filing, with a request to return a filed copy of the Notice of Lien to the
filing party.
registration?
Financial institution data match, administrative liens (AEI)
The petition for registration and enforcement of existing order is received at
the Interstate Central Registry, processed and forwarded to the appropriate
vicinage. Notice is sent to the non-custodial parent, then case follows
expedited process (consent, hearing officer recommendation, etc.)
None.
(UEFJA)?
Yes
NJSA 2A:49-25 et.seq.
No
NJ FIDM will assist the sending state provided NJ FIDM requirements are met
Yes
information?
Experian, TransUnion, Equifax
Both
state, or both?
Responding state
Any arrears greater than $1000
every three years)?
Every three years
On request (Non-TANF) and every three years (TANF)
On request or every three years, county welfare agencies advise both parties
that a review will be conducted. An attempt is made to reach a consent
agreement; if consent is not reached, a formal motion is filed with the court.
order)?
20% change in existing order
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
It is no longer required to demonstrate a change in circumstances to modify an
order under the three-year review process.
Yes
CPI for the metropolitan statistical areas that encompass New Jersey
Yes
Party must petition the court for abatement unless specified in the order; i.e.,
children stay with obligor for the summer.

To obtain a COP send written request to Paternity Opportunity Program Office,
1102 Quakerbridge Plaza, Hamilton NJ 08619 (phone 1-800-POP-6607. To get a birth
certificate, contact the local registrar where child was born:
www.state.nj.us/health/vital/regbycnty.shtml
For Enforcement and Modification: Child Support Enforcement Transmittal #1,
Registration Statement, Copy of current order, Uniform Support Petition, General
Testimony, arrears calculation/ payment record are mandatory. Copies of prior

orders are recommended.
No
No
No
reported?
payment?
Yes
cover the lump sum?
Original order
Yes
payment?
Notice of Lien; CSLN
No
Not required, but limits are applied on a case by case basis
Yes
Yes
New Mexico
combination)?
7 offices
Department of Health and Labor Navajo Nation, The Judicial Districts
Act (UIFSA)?
1995
7/1/1995
NMSA 1978 Sections 40-6A-1, 40-4A and 40-5A
For additional information: http://www.state.nm.us
version)?

We are developing procedures for this.
services.

18 years of age, unless still in high school, then up to 19 years of age.
Section 40-4-7 (b)(3)(b)
18 years of age, unless still in high school, then up to 19 years of age.
No
emancipate?
No
Yes
If severely handicapped - by case law
support?
14 years after emancipation
21 years.
Yes
possible.
For paternity establishment with full arrears, length of time depends on
circumstances.
F. Support Details
Shared Income
Yes
conditions.

Yes
conditions.
Court's discretion.
Yes
conditions.
medical bill?
Yes
But not as a general rule. It has been done very few times. Exceptional
circumstance determined by individual case.
Yes
All costs are deducted from payments to obligee at the rate of 10% per payment,
except for those shown below.
Recoupment for NSF (insufficent funds). Paternity testing coasts are sometimes
paid by obligor and sometimes paid by obligee, based on individual case.
Yes
UIFSA 40-6A-201 Uniform Parentage Act 40-11-1
Yes
We will enforce only
No
Only if specifically directed by the court.
withholding)?
Wage withholding
Public assistance, required withholdings; see Section 40-4A-2 (E)
Yes
50%
payments?
$1.00 per withholding
Next payment after service
employee's pay?
Within 7 days of pay date.
Subpoenas, hearings and request the employer pay applicable unpaid portion.
Employer becomes responsible Section 40-4A-11
No
lines.
Yes
State lines.
Send withholding to insurance carrier.
Payor may petition court at any time to modify, suspend or terminate
withholding.
See allocation scheme in Section 40-4A-8 (C). This becomes a conflict of
interest situation.
assistance?
Yes
proceed.
Contact private attorney or the local office's legal section.
termination?
rehired?
No
These issues are treated separately.
99%

Yes
Rebutted by paternity tests.
determined?
No
Father and mother must both sign acknowledgement of paternity to establish a
presumption of paternity
Yes
See Section 40-11-5 marriage, acknowledgment, specific acts.
Yes
Putative Fathers Registry is maintained by the Bureau of Vital Statistics,
Department of Health...
Yes
Fees are $20 for paternity processing, $10 for birth search and $5 for death
search. The Bureau of Vital Statistics does not waive fees.
No
UIFSA provisions
provisions.
UIFSA 40-6A-1, UPA 40-11-1
Yes
child?

support obligation?
Judicial only

CP's income
There are few deviations - financial hardship is the usual reason - 40-4-11.1
(J) & (K).
Yes
Back to birth and pre-natal expenses.
Testimony and supporting documents
No
subpoena?
expended?
both?
Administrative
Judicial
Any arrearage Operation of Law
County
Yes
Varies by county and number of pages
Yes
both?
N/A
Administrative
Upon delinquency
No
Yes
Both: Notice is sent when assets are frozen by the FI, the State also sends
notice to NCP.
be sent?
NM is a Direct Levy State.
No minimum established
21 days, unless appealed
action?
action?

both?
Administrative, a hearing may be requested.
None
Non-debtor has appeal rights: Appeal must be in writing and mailed within 15
days from receipt of Notice. Direct telephonic information is also furnished for
the speedy address of concerns.
Centralized - Automated
None
period?

Yes
Administrative and/or Judicial.
may have.
Passport Denial; Federal Administrative Offset, IRS Intercept, Lottery
Intercept; Gaming Matches, Driver's and Professional licenses, as well as gaming
licenses are also referred for suspension (when the threshold of delinquency
meets or exceeds two months' past due for the total monthly support obligation
amount).
have.

We are in the process of developing these procedures.
registration?
Direct interstate wage withholding.
Per UIFSA.
Per UIFSA.
(UEFJA)?
Yes
See Section 39-4a-1 NMSA 1978
information?
state, or both?
every three years)?
Every 3 years or upon request or change of circumstance
On request of the CP, NCP in non-TANF cases; automatically in TANF cases.
Judicial hearing regarding change of circumstances.
order)?
20% from present order.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes

No


reported?
payment?

cover the lump sum?
payment?
Nevada
combination)?
Combination
3 State offices: Las Vegas, Reno and Elko 12 County District Attorney Offices
County District Attorney's and Judicial District Courts
N/A
N/A
Act (UIFSA)?
06/19/1997
1/1/1998
NRS 130
For additional information: http://www.leg.state.nv.us/NRS/NRS-130.html
version)?
1996

Polish People's Republic, Federal Republic of Germany, England, United Kingdom,
Canadian Provinces, - Alberta - Saskatchewan - Manitoba - British Columbia -
Ontario - Nova Scotia Norway, Ireland, Mexico, Slovak Republic, Austria,
Czechoslovakia, Hungary, France, Australia, Portugal, Netherlands
No
No
services.
N/A
D. Age of Majority
age of majority is 18; or up to a maximum age of 19, if a student is enrolled
in, but has not yet completed high school.
NRS 129.010, 125.510, 125B.110 and 425.300
For additional information: http://leg.state.nv.us/NRS/NRS-129.html#NRS129Sec010
age of majority is 18; or up to a maximum age of 19, if a student is enrolled
in, but has not yet completed high school.
No
emancipate?
No
Yes
Handicapped - NRS 125B.110
No
support?
None if an order exists; if no order, retroactive support may be requested back
4 years from date of application for services
3 years beyond age of majority of child. LINK
http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec081
No
possible.
Percentage of Income Model LINK http://leg.state.nv.us/NRS/NRS-
125B.html#NRS125BSec070 LINK
http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec080 Per NRS 125B.070;
125B.080: Gross income of obligor: 1 CHILD = 18%of gross monthly income: 2
CHILDREN = 25% of gross monthly income: 3 CHILDREN = 29% of gross monthly
income: 4 Children = 31% of gross monthly income: For EACH ADDITIONAL CHILD, add
an additional two percent (2%). The presumptive maximum amount per month per
child for an obligation of support is calculated as follows: Parent's Gross
Monthly Income (PGMI) PGMI = $0 to $4235 Maximum is $547; PGMI = $4235 to $6351
Maximum is $602; PGMI = $6351 to $8467 Maximum is $658; PGMI = $8467 to $10585
Maximum is $712; PGMI = $12701 to $14816 Maximum is $821; PGMI = $14816 to No
Limit Maximum is $877. These amounts must be adjusted on July 1st of each year
for the fiscal year beginning that day and ending June 30 the following year
calculated in a rounded dollar amount corresponding to the % of increase of
decrease in the Consumer Price Index (All Items) published by the US Dept of
Labot for the preceding year. Nevada requires the minimum amount of support that
may be awarded by a court in any case is $100 per month per child, unless the
court makes a written finding that the obligor is unable to pay the minimum
amount. willful underemployment or unemployment is not a sufficient cause to
deviate from the awarding of at least the minimum amount.
Yes
conditions.
NRS 99.040 Interest rate when no express written contract fixes rate. 1. When
there is no express contract in writing fixing a different rate of interest,
interest must be allowed at a rate equal to the prime rate at the largest bank
in Nevada, as ascertained by the Commissioner of Financial Institutions, on
January 1 or July 1, as the case may be, immediately preceding the date of the
transaction, plus 2 percent, upon all money from the time it becomes due.
No
conditions.

Yes
conditions.
NRS 99.040 LINK http://leg.state.nv.us/NRS/NRS-099.html#NRS099Sec040 Interest
rate when no express written contract fixes rate. 1. When there is no express
contract in writing fixing a different rate of interest, interest must be
allowed at a rate equal to the prime rate at the largest bank in Nevada, as
ascertained by the Commissioner of Financial Institutions, on January 1 or July
1, as the case may be, immediately preceding the date of the transaction, plus 2
percent, upon all money from the time it becomes due.
medical bill?
Yes
If prior order set specific dollar amount.
Yes
None.
1.)Genetic Test Fees as contained in court order; 2.)NRS 125B.095 Penalty for
delinquent payment of installment of obligation of support. If an installment of
an obligation to pay support for a child which arises from the judgment of a
court becomes delinquent in the amount owed for 1 month's support, a penalty
must be added by operation of this section to the amount of the installment.
This penalty must be included in a computation of arrearages by a court of this
State and may be so included in a judicial or administrative proceeding of
another state. Penalty continues to be calculated until ongoing support is
brought current. All penalty collected is passed on to the obligee. 3.)$2 fee
collected from employee by employer on all income withholding actions up to $4
monthly maximum, payable to CSEP.
Yes
If in court order, Nevada will enforce.
NRS 14.065; NRS 126; NRS 130
For additional information: http://leg.state.nv.us/NRS/NRS-014.html#NRS014Sec065
Yes
Establish spousal order - No; Enforce spousal order - Only in conjunction with
enforcement of an ongoing child support obligation; Modify spousal order - No.
No
withholding)?
Income withholding
Exempted funds such as TANF, SSI, VA disability
http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec016
No
payments?
Obligor responsible for a $2.00 fee payable to State Treasurer per withholding.
See NRS 31A.075 LINK http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec075
Employers may charge employee an optional fee of $3.00 per withholding.
With the first pay period that occurs within 14 days after the date the notice
was mailed.
employee's pay?
Within 7 days after scheduled payroll deduction.
Can apply for and the court may issue an order directing the employer to appear
and show cause why he/she is not subject to penalties.
May be fined, not to exceed $1000 for each pay period withholding that is not
honored.
No
lines.
Although NRS allows for direct withholding of UIB across state lines, the
programming at our Employment Security Dept. does not allow for this
functionality. Therefore, all interstate requests for direct withholding of UIB
are still referred via UIFSA for full service to Nevada Central Registry and are
essentially a two-state process.
Yes
State lines.

Within 15 days after a notice of withholding is mailed to the obligor, the
obligor may request a hearing by contacting the enforcing authority.
Employers are instructed in NRS 130.502 to treat an income withholding order
issued in another state that appears regular on its face as if it had been
issued by a tribunal of Nevada. Priority scheme in NRS 31A.160 states Child
Support has priority over any other proceeding against the same money and
current support has priority over any other orders for the support of a child.
assistance?
Yes
proceed.
No.
termination?
Employer must promptly notify the CSE (IVD) Agency when employee/obligor no
longer works for them.
rehired?
Yes, it is mandatory for the Employer to deduct an additional $2.00 for each
withholding, not to exceed two withholding fees per month per employee.
No.
Yes
Priority scheme in NRS 31A.160 states Child Support has priority over any other
proceeding against the same money and current support has priority over any
other orders for the support of a child.
H. Paternity
No
99.9% NRS 126.051e LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec051
10/1/1997
Yes
Rebuttable for six months after which it became conclusive.
Yes
If IV-D case, NCP brings rebuttal request to the District Attorney's office
enforcing the case or files directly with the court.
determined?
Yes
Only if the child was born 10/1/1997 or later.NRS 126.053. LINK
http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec053
Yes
NRS 126.051. LINK http://leg.state.nv.us/NRS/NRS-126.html#NRS126Sec051
Cohabiting 6 months prior to and through period of conception; Attempted
marriage is/or could be invalid; alleged father receives the child in his home
and holds child out to be his natural child.
No
Yes
None
No
Written testimony, teleconferencing, audiovisual means
provisions.
NRS 14.065; NRS 126; NRS 130
Yes
If stated as a sum certain amount in court order.
Court Order
10/01/1997
child?
One docket is sufficient (w/PA).
support obligation?
Quasi-judicial process

For additional information: http://www.leg.state.nv.us/NRS/NRS-125B.080
No income other than the NCP's is required to be considered.
NRS 125B.080 LINK http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec080
Yes
From the original IVD application date, not to exceed the four year statute of
limitations when no support order exist at the time of application
Depends on circumstances
No
Must also establish current support in court order.
Administrative Genetic Test Order. NRS 425.490 LINK
http://leg.state.nv.us/NRS/NRS-425.html
NRS 425 LINK http://leg.state.nv.us/NRS/NRS-425.html
For additional information: http://www/leg.state.nv.us/NRS/NRS-425.html
subpoena?
No
No
expended?
No
No
both?
Nevada has no state income tax
Administrative (NRS425.460 and 425.470) Judicial (NRS21)
Child Support Order
RP & PP - County Recorder's offices
No

Yes
both?
Judicial.
Nevada law provides the child support enforcement program with the option of
executing (Nevada Revised Statute 21) or liening (freezing) and attaching
(seizing) an account (NRS 425.470)
Administrative: Upon Delinquency. See NRS 425.470 Judicial: Any notice to the
obligor is provided by they sheriff. See NRS 21.
No
Yes
Administrative lien on account: State. See NRS 425.470 Execution on account: Any
notice to the obligor is provided by the sheriff. See NRS 21.
be sent?
Administrative lien on account: Simultaneously with notice to financial
institution. Execution on account: Any notice to the obligor is provided by the
sheriff
The obligor must owe adjudicated arrears for the support of one or more children
greater than $1000.00 and be at least two months in arrears since IVD services
began. Caseworkers must obtain attorney approval before proceeding with an
action against a joint, business, or trust account. Account balance must be at
least $500.00 if balance is known. When the financial institution does not
provide an account balance, this requirement does not apply.
$5000.00 for personal property other than bank accounts. $1000.00 for FIDM
None. Lien on account remains until released.

$500 if the balance is known. If unknown, no limitation.
Enforcing authority
action?
20 days
action?
N/A
Amount owed
both?
Judicial for both processes.
None specified.
N/A
Administrative lien process: The obligor must request a hearing within twenty
days after receiving notice of the lien. Receipt is statutorily defined as three
days after the notice of lien has been mailed first class, postage prepaid. See
NRS 425.475 Execution on account: The obligor must file within eight days of
receiving notice. See NRS 21.
Neither centralized nor automated.
None.
No
No
period?
No. State holds asset during the appeal time frame. See NRS 425-470 LINK
http://leg.state.nv.us/NRS/NRS-425.html
Upon receipt of notice

Yes
Unemployment Insurance Benefits, Worker's compensation, administrative
may have.
Other, creditor's claim against estate, administrative
have.
U.S. Attorney referrals
Must register with County Recorder where property is located (NRS
125B.142/125B.144)
For additional information: http://www.leg.state.nv.us/NRS/NRS-125B.html
registration?
Any administrative process such as: Income withholding, license revocation and
liens
(UIFSA) NRS 130
Implement contempt proceedings depending on case circumstances. A monthly
repayment amount for recovery judgment could be established for cases which have
a recovery judgment but no ongoing support ordered. Property seizure and sale.
(UEFJA)?
Yes
NRS 17.330-17.400
No
Nevada is unable to accept Transmittal #3 at this time. A full service request
must be made.
Yes
information?
INNOVIS
Judicial
state, or both?
Initiating State
Arrears over $1000 - Nevada judgment CST must live in Nevada.
every three years)?
Every 3 years. Less than 3 years with change in circumstances.
Upon written request from CST, NCP, legal guardian or interstate IV-D agency.
Case manager determines if order meets three-year review or change of
circumstance criteria. If case is excluded from modification, requestor is
notified of the decision not to review and the reason. Within 180 calendar days
of receiving the request, a review must be conducted and the case manager must
notify the parties of the proposed adjustment or determination there should be
no adjustment and their right to request a hearing to challenge the decision.
order)?
Order being enforced in NV; order is at least 36 months old; requests by NCP,
CST/Guardian or IV-D agency; 15% or $75 increase or decrease in the child
support order and/or health insurance coverage is available through the NCP's
employment and is not addressed in the court order. In the event the three year
rule does not apply and the request is based on change of circumstance, there
must be at least a 20% change in the gross monthly income of a person who is
subject to an order for support of a child.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
No
No
Change in circumstances criteria: Must be at least 20% change in the gross
monthly income of the obligor. If order based on Nevada Average Wage or the $100
minimum and current information is provided based on NCP's income, must be
considered change of circumstance. Any case in which ongoing obligation has been
reduced due to cost of health insurance when: a: CST has health insurance
available at no cost or at lesser cost than NCP, wants to cover child under
his/her policy and have NCP pay full child support obligation; b: NCP changes
employment and insurance not available at no cost; Existing order is a
percentage; not sum certain.
No
Yes
At the court's discretion an abatement period may be ordered.
LINK http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec008
http://leg.state.nv.us/NRS/NRS-125B.html#NRS125BSec008

Bureau of Health Planning and Statistics Office of Vital Records, 505 E King
Street, Room 102, Carson City, NV 89701-4749 (775) 684-4242
$20 verified copy
No
Lump sum is not defined, but lump sum payments are subject to income withholding
statutes.
LINK http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec150
http://leg.state.nv.us/NRS/NRS-031A.html#NRS031ASec150
No
reported?

payment?

cover the lump sum?
payment?
New York
combination)?
The Office of Child Support Enforcement (OCSE) within the State Office of
Temporary amd Disablity Assistance supervises and monitors the operation of the
program, which is administered by the Child Support Enforcement Units of each of
the state's 57 county social services districts and by the City of New York's
Division of Child Support Enforcement within the Administration for Childrens
Services. The Interstate Central Registry (ICR) within the OCSE serves as the
initial entry point for incoming interstate cases and carries out the
responsibilities specified at 45 CFR 303.7(a). Upon successful completion of the
review and evaluation procedure, the ICR updates the statewide Child Support
Managment System (CSMS), thereby inititating automated searches, and forwards
the case for action to the appropriate Family Court and/or Child Support
Enforcement Unit. All case work is accomplished at the local level including
direct contact with the inititating jurisdictions that may be required following
the ICR referral. In outgoing cases, the County/New York City child support
agency interacts directly with the responding jurisdictions' interstate central
registry and child support enforcement programs.
58
County Attorney, County Sheriff
No
No
Act (UIFSA)?
8/1/1997
12/31/1997
Family Court Act of the State of New York (FCA), Article 5B
For additional information: http://assembly.state.ny.us/leg/?cl=42&a=40
version)?
1996
N/A

Australia, Austria, Canada (all provinces), Czech Republic, Finland, Germany,
Hungary, Ireland, Mexico, Netherlands, Norway, Poland, Portugal, Slovak
Republic, Sweden, Switzerland, United Kingdom.
No
No
services.

21
FCA 413(1)a
21
No
emancipate?
No
Yes
Under very limited circumstances if the child is handicapped or stipulated in a
divorce decree.
No
support?
20 years from date of default in payment regardless of whether or not the past
due has been reduced to a judgment for support orders entered after 8/7/87; 6
years for default in payment on orders entered on or before 8/7/87; 20 years for
all defaults in payment which have been granted as a money judgment.
Up to age 21.
No
possible.
Income Sharing Formula: Combined parental gross income minus FICA and other
deductions multiplied by appropriate percentage (17% for one child - no less
than 35% for five or more), plus additional needs at a pro rata share of income.
Yes
conditions.
9%, but only on arrearages reduced to a money judgment by court.
No
conditions.

Yes
conditions.
If a money judgment is granted for any arrearage: 9% per year.
medical bill?
Yes
State law requires that parents may be required in support orders to pay a
proportionate share of unreimbursed medical expenses.
Yes
Costs recovered for legal representation and field investigations, if such
services are requested by obligee.
None, although the courts may order the obligor to pay the obligee attorney fees
on a case-by-case basis.
Yes
Blood testing fees.
FCA 154; FCA 580, CPLR 302
Yes
For enforcement when included with a child support order.
No
Although all forms should be filed out in their entirety.
withholding)?
Income executions for support enforcement (issued by child support units);
income deduction orders for support enforcement (issued by the courts).
Public assistance benefits paid pursuant to the social services law and federal
supplemental security income
Yes
Additional amount deducted for arrears payments capped at 40% of disposable
income.
payments?
None.
No later than the first pay period which occurs 14 days after service of the
execution.
employee's pay?
No later than 10 days from the date the debtor is paid.
Order to Show Cause, Family Court.
Employers are liable for failure to deduct amounts specified for accrued
deductions, interest, and reasonable attorneys fees. Also, as per CPLR
5241(g)(2)(D), there is a civil penalty of $500 for the first offense and $1000
for the second and subsequent offenses.
Yes
lines.
New York State Department of Labor State Campus Office Bildg. 12 P.O. Box 621
Albany New York 12240
Yes
State lines.
Individual insurance carriers can be served interstate wage withholding (for
periodic payments) or interstate liens (for lump sum payments).
Immediate income withholding: the agency shall have 30 days to correct an error
after notification by the debtor. Default income withholding: debtor may raise a
mistake of fact with the agency 15 days from notice of income execution
whereupon the agency has 45 days thereafter to resolve the claim and to send
notice to the debtor of the determination.
In statute, Civil Practice Law and Rules Section 5241(h); the employer shall
withhold the maximum amount permitted by law and pay to each creditor that
proportion of such amount which such creditor's claim bears to the combined
total. Child support deductions have priority over any other assignment, levy or
process.
assistance?
No
proceed.
Employers should contact the issuing agencies.
No. Only Social Security Tax (FICA) and other child support paid.
termination?
Not covered under statute
rehired?
Not covered under statute
No
No
Income withholding can be issued against any form of income including periodic
or lump sums or benefits including unemployment and workers compensation and
disability but excluding SSI and public assistance. (Section 5241 Civil Practice
Law and Rules)
Deductions to satisfy child support obligations (including arrears) has priority
over withholding for health insurance premiums. (CPLR Section 5241 (h))
H. Paternity
Yes
Depends on where the action for custody/visitation is filed.
95%
7/1/1993
No
Acknowledegements did not exist prior to 7/1/93.
Yes
If married at or after time of birth.
determined?
Yes
Effective 1/1/98, the father's name will not go on the birth certificate unless
he first acknowledges paternity, or an Order of Filiation has been issued.
No

Yes
Putative Father Registry mailing address PFR, OCFS/Adoption Riverview Center,
6th Floor 40 N Pearl Street Albany New York 12243 (518) 474-9406
Yes
None, although contact the State Bureau of Vital Statistics.
No
Telephonic and other electronic testimony are available for certain cases.
provisions.
FCA 154, Article 5-B (UIFSA), CPLR 302
Yes
From the obligor, if he is found to be the father.
An unmarried father's name can only appear on a birth certificate if he has
signed a Voluntary Acknowledgment of Paternity form or there is a judgment,
order or decree relating to parentage.
1/1/1998
child?
One packet for all children, with a separate Paternity Affidavit form per child.
support obligation?
Judicial process

"Income" includes gross total income as should have been or should be reported
on the most recent federal income tax return and may also include: investment
income, benefits not included in total income, attributed income from sources
available to the parent or former resources, and self employment deductions. CP
income and new spouse's incomes can be considered under very limited
circumstances.
10 factors including: financial resources of custodial and non-custodial parent
and child, physical and emotional health of the child and child's special needs
and aptitudes, standard of living child would have enjoyed if marriage or
household had not dissolved, tax consequences to the parties, non-monetary
contributions that the parents will make toward the care and well being of the
child, educational needs of either parent, a determination that the gross income
of one parent is substantially less than the other parent's income,
extraordinary expenses incurred by the non-custodial parent in exercising
visitation, and any other factors the court deems relevant.
Yes
A. Orders are effective from either the date the petition is filed or, in public
assistance cases, the date public assistance was granted; support may also be
ordered retroactive to the birth of a child in non-TANF cases at the court's
discretion.
The same as if current support were being requested.
No
Current support must be requested in concert with the request for support for a
prior period. We can collect prior support owed on an existing order without a
concurrent request for current support, however.
Paternity can be either administrative or judicial. Establishment & Modification
are judicial actions. Enforcement is administrative (as well as judicial).
Paternity: Public Health Law Section 4135-b and Social Services Law Section
111-k. Enforcement: various authorities.
subpoena?
No
Yes
expended?
Yes
Yes, although a new court order (or possibly a modified version fo the original
order) will be necessary before we can enforce on behalf of the new custoadial
parent.
Establishment, unless an actual dollar amount (including $0) was mentioned in
the original order.
both?
Administrative.
Judicial
Arrears greater than 4 months (not including amounts of any unpaid retroactive
support ordered)
County Level
Yes
Minimal
Yes
both?
Administration, through joint venture with the New York State Department of
Taxation & Finance.
Administrative
No notice required when case established. If the Iv-D agency or obligee has not
served notice of intent to freeze/seize within one year prior to the account
being frozen, notice must be given within four days of freezing account
No
Yes
The IV-D agency that sent the Freeze & Seize notice.
be sent?
If not served within one year before the freeze takes effect, notice must be
send within four days of the freeze notice to financial institution
No minimum delinquency amount. Arrears must equal three full payments or on full
month of current support. SSI, SS, TANF, alimony and child support accounts are
exempted.
$200 and four mounths delinquent.
One year or until debt is paid in full, whichever occurs first.
No

No
action?
30 days
action?
No such second contest is permitted.
Arrears already paid, money in account belongs to joint account holder.
both?
Administrative
No set penalties, seizer is liable for damages caused by erroneous seizure
N/A
15 days from date of receipt. No unique requirements, Non-debtor must file
action w/the court
Automated
None
No
No
period?

No
may have.
Lottery Intercept, Federal & State Tax Refund Offset Processes, Property
Executions, Medical Support Executions, Insurance Intercept Match.
have.
Issuance of Money Judgments, Cash Undertakings, Criminal Prosecution.
Other states must register the lien with the county clerk's office in the county
where the property resides; the New York child support unit does not get
involved in the case.
registration?
Starting June of 1999, all administrative enforcement remedies will be available
without registration.
Beginning in the summer of 1999, all requests for enforcement of foreign orders
will be handled administratively using the Change of Payee process.
Registrations will only occur under a very limited set of circumstances.
None.
(UEFJA)?
Yes
Civil Practice Law and Rules Articles 53 and 54.
Yes.
For all banks, the Freeze & Seize should be sent directly to the bank in
question. The only exception to this is M&T Bank, the only bank in New York that
will not honor interstate FIDM liens. For that one bank a complete registration
of your order will be required.
information?
state, or both?
every three years)?
COLA: Every two years. Judicial Modification: a substantial change in
circumstances or the petitioner is unable to provide for the needs of the child
and an increase is warranted based upon the child's best interests.
COLA: on request of the CP or NCP in non-TANF cases; automatically in TANF
cases. Judicial Modification: on request of the CP or NCP in non-TANF cases; on
request of social services agency or the NCP in TANF cases.
For administrative Review & Adjustment: a Cost of Living Adjustment (COLA) is
used. For an official modification of the order, a judicial review is required.
The specific change of circumstances must be detailed on the Uniform Support
Petition. Said petition must be signed by the obligee/obligor in a non-TANF
case, or by the social services agency in a TANF case. A certified copy of the
order to be modified, and all previous orders, is required in order to conduct
the judicial modification.
order)?
Minimum 10% increase in CPI for the COLA process. No minimum % increase required
for judicial modification.
apply, if any?

Yes
No
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes
If exceptional circumstances exist. A substantial change in circumstances or the
petitioner is unable to provide for the needs of the child and an increase is
warranted based upon the child's best interests.If exceptional circumstances
exist.
Yes
Federal Consumer Price Index (CPI).
New York can intercept SSA benefits just like any other form of income, and
apply it to a child support case. If the SSA pays money directly to a child, we
do not consider that as a child support payment.
No

Family Court Act Section 451
A child support order must be terminated in order to stop arrears from accruing.
A Uniform Support Petition is required to bring the case before the court, as
well as supporting documentation explaining why the order should be terminated.
New York State Department of Vital Records: (518) 474-3077 (rest of state),
(212) 788-4499 (New York City).
For enforcement: Child Support Enforcement Transmittal #1, Registration
Statement, certified copy of the order to be registered (with relevant
modifications); arrears affidavit or calculation is recommended as well. For
modification & enforcement: same as above, plus the Uniform Support Petition and
General Testimony showing a substantial change in circumstances.
No
No
No
reported?
payment?
No
cover the lump sum?
Yes
payment?
Lien form.
Yes
Per CCPA: 50% or 55% or 60% or 65%.
Ohio
combination)?
State Administered/County Administered and operated.
88 offices
Clerks of Courts, Prosecutors, Genetic Testing Labs, Credit Bureaus, Collection
Agencies, Private Attorneys, and county sheriffs for service of process and
extradition.
Act (UIFSA)?
01/01/1998
01/01/1998
Ohio Revised Code Chapter 3115.
http://onlinedocs.andersonpublishing.com/revisedcode/
version)?
None.

Australia, Austria, Canada (all provinces except Nunavit), Czech and Slovak
Republics, France, Germany, Hungary, Ireland, Mexico, New Zealand, Poland,
Sweden and United Kingdom
No
services.

18 years of age, or as long as the child attends high school on a full time
basis or a court order requires the duty of support to continue. Unless
specified in the court order, no duty of support extends beyond the nineteenth
birthday of the child.
Ohio Revised Code section 3103.03
See D1 above.
No
emancipate?
No
Yes
If specified in a court order either due to handicap or college.
support?
A. Ohio has no statute of limitations on collection of child support.
23
No
possible.
Income Shares Model.
Yes
conditions.
The court shall assess interest on the amount of support an obligor failed to
pay if the court determines the failure to be willful and the arrears accrued
after July 15, 1992.
No
conditions.
Ohio prohibits the ordering of retroactive support.
Yes
conditions.
Interest can be assessed if the arrears have been reduced to judgment.
medical bill?
Yes
Reimbursement of uninsured medical expenses is a non IV-D activity unless the
amount is reduced to a lump sum and a repayment order has been issued.
No
Ohio does not recover costs from obligees.
Ohio charges an administrative fee equal to 2% of each payment in addition to
the child support order. Court orders also assess repayment of genetic testing
fees and other court costs in their discretion.
Yes
Ohio Revised Code ? 2307.381, ? 2307.385, ? 3111.06 and ? 3115.03 (UIFSA).
Yes
Enforcement of spousal support in conjunction with child support is an IV-D
activity. We also enforce spousal support only as a non IV-D activity. Only a
domestic relations court may establish or modify spousal support.
No
withholding)?
Income withholding.
Benefits from means-tested public assistance programs or benefits for any
service connected disability.
No
payments?
$2 or an amount not to exceed 1% of the amount withheld for support, whichever
is greater.
No later than 14 working days following the date the notice was mailed to the
payer.
employee's pay?
Immediately, but no later than seven working days after the date the obligor is
paid.
The employer is liable for the accumulated amount the employer should have
withheld from the obligor's wages.
Employer will be subjected to violations that carry penalties of fines and/or
contempt.
Yes
lines.
Yes
State lines.

Contest to direct income withholding is through action for Declaratory Judgment
in Juvenile Court.
ORC 3113.21(F)(1). Any withholding or deduction requirement that is contained in
a notice described in Division D of this section...has priority over any order
of attachment, any order in aid of execution, and any other legal process issued
under state law against the same earnings, payments, or account.
assistance?
Yes
proceed.
Ohio Revised Code ? 3113.21(F). Allocate by multiplying the amount of current
support for each order by a fraction, the numerator of which is the amount
available for withholding and the denominator is the total amount in all the
notices as current support.
termination?
rehired?
No
A tribunal has no jurisdiction over visitation or custody in UIFSA cases.
99%
Paternity Acknowledgment is rebuttable. If not rescinded, within sixty days
after the acknowledgment is signed, it becomes a conclusive determination of
paternity.
01/01/1998
Yes

Yes
Evidence that marriage did not really occur.
determined?
No
Father's name on the birth certificate is evidence, but no longer a presumption
of paternity.
Yes
Voluntary acknowledgment.
Yes
Ohio Putative Father Registry.
Yes
Information on paternities established after 1/1/98 is available on line from
the Central Paternity Registry at no cost. Statistical and other data is
available from the Bureau of Vital Statistics, also at no cost. Certified copies
of birth certificates are available at $7.00 and certified copies of paternity
affidavits are available at $5.00.
No
10/10/1991
Common law marriage was recognized in Ohio prior to October 1991. Any valid
common law marriages that were already in effect on that date remained valid
until terminated by death or divorce.
Telephone or other electronic means of testifying , interrogatories, certified
copies of records, verified complaints, pursuant to UIFSA.
provisions.
ORC 3115.03.
Yes
None
child?

support obligation?
Judicial establishment via UIFSA tribunal.

New spouse's or child's income may only be considered by the court in a request
for a deviation. The guidelines worksheets do not include any incomes other than
the obligees and obligors.
ORC 3113.215(B)(3) (a) Special and unusual needs of the children; (b)
Extraordinary obligations for minor or handicapped children who are not
stepchildren or offspring from the marriage or relationship that is the basis of
the immediate child support determination; (c) Other court-ordered payments; (d)
Extended times or extraordinary; (e) Obligor obtains additional employment after
a child support order is issued in order to support a second family; (f)
Financial resources and the earning ability of the child; (g) Disparity in
income between parties or households; (h) Benefits that either parent receives
from remarriage or sharing living expenses with another person; (i) Amount of
federal, state, and local taxes actually paid or estimated to be paid by a
parent or both of the parents; (j) Significant in-kind contributions from a
parent, including, but not limited to, direct payment for lessons, sports
equipment, schooling, or clothing; (k) Relative financial resources, other
assets and resources, and needs parents; (l) Standard of living/circumstances of
parents; Standard of living child would have had if the marriage continued or
parents been married; (m) Physical/emotional condition/needs of child; (n)
Need/capacity of child for education and educational opportunities that would
have been available to child; had circumstances requiring court order for
support not arisen; (o) Responsibility of parents for support of others; (p) Any
other relevant factor. Court may accept agreement of the parents that assigns a
monetary value to any of the factors/criteria (B)(3) of this section that are
applicable to their situation.
Yes
In paternity cases, the court, in its discretion, may order the repayment of
birth expenses, as well as a support order, calculated based on the applicable
child support guidelines, back to the date of birth of the child.
Proof of medical expenses, plus all relevant income information for each year
from the child's birth forward so that guideline calculations may be completed.
No
Courts will only allow prior support in these limited paternity related cases.
No prior support is allowed in order establishment cases.
subpoena?
expended?
both?
Both administrative and judicial procedures are available.
Default. Liens are discretionary given case circumstances
County Recorder's Office
No

Yes
both?
Both administrative and judicial procedures are available.
Administrative
Delinquent
Yes
No
be sent?
NO minimum delinquency amount. No accounts exempted
None
action?
action?

both?
Administrative
None
None. Obligor cannot appeal once account has been frozen. Review must be
requested when super notice is sent
Automated
None
period?

Yes
Workers Compensation, Unemployment Compensation, Retirement benefits. Both
administrative and judicial procedures are available.
may have.
Ohio intercepts a variety of income types including lottery winnings and other
lump sums.
have.
Our criminal non-support statute porovides both misdemeanor and felony
penalties, contempt. Ohio Revised Code section 3121.08 permits the withholding
of prisoner earnings, however direct income withholding cannot be used for this
purpose. An order must be registered for enforcement in Ohio in order to
facilitate the withholding of prisoner earnings.
None.
registration?
Income Withholding, administrative lien filing and professional license
revocation, as well as locate and employment verification are available without
UIFSA registration.
Orders are registered when the order is filed in the registering tribunal. A
complaint or comparable pleading may be filed at the same time or later than a
registration, specifying the grounds for the remedy being sought. Such an order
may be recognized and enforced, but not modified. Immediately upon registration,
a notice of registration shall be sent to the non-registering party. That party
may request a hearing to vacate the registration no later than 20 days from the
date the notice is mailed. The party requesting the hearing has the burden to
prove lack of jurisdiction, fraud, that the order had been vacated, suspended or
modified, that the order was stayed pending appeal, that full or partial payment
had been made, that the statute of limitations precludes enforcement, or that
there is a defense to the remedy sought.
(UEFJA)?
Yes
Ohio Revised Code ? 2329.021 through ? 2329.027. Not currently used for child
support cases.
information?
state, or both?
every three years)?
Every 36 months unless one of these occur. -30% change in gross income or assets
for at least 6 months. -deletion of one child from the order due to emancipation
etc. -in order to access health insurance. -incarceration or
institutionalization of the obligor for duration of child's minority and no
income or assets are available for attachment or levy.
Request of CP or NCP.
Either party may request a review of their order from the local CSEA. Orders are
recalculated in the review using current information and recommendations for
possible adjustment of the order are made. Both administrative and judicial
appeals of this review are possible.
order)?
Must be a 10% variance in amount after recalculated order under guidelines. 30%
change in gross income or assets for at least 6 months.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
No
-deletion of one child from the order due to emancipation etc. -incarceration or
institutionalization of the obligor for duration of child's minority and no
income or assets are available for attachment or levy.
No



reported?
payment?

cover the lump sum?
payment?
Oklahoma
combination)?
State administered.
40 offices
District attorneys, community action, and private company.

Yes
56 O.S. Section 237.3
No, because we have case law which was later codified in the previously
mentioned statute: Haney vs. State, 850 P.2d 1087 (1993)
Act (UIFSA)?
05/1994
09/01/1994
43 O.S. Section 601-100 through 601-901.
http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST43&level=1
version)?
2001
Effective November 1, 2004

Australia, Saskatchewan, Czech Republic, Germany, Sweden, United Kingdom,
Scotland and Canadian Provinces:(Alberta, New Brunswick, Ontario and Quebec)
British Columbia, Manitoba, Nefounland, Novia Scotioa, Norway, Poland, Brazil,
Netherlands, New Zealand, Ireland, Portugal.
No
No, we only enforce spousal orders if there is also a current child support
order.
Yes
services.
Chickasaw Nation has their own IV-D program and has agreements with the Absentee
Shawnee tribe, Cherokee Nation, Choctaw Nation, Creek Nation, Osage Nation, Sac
& Fox Nation, and Seminole nation.
D. Age of Majority
Effective 8/31/06, 18 years of age or up to the 20th birthday if the child is
regularly enrolled and attending high school.
43 O.S Section 112 E
http://www.oscn.net/applications/oscn/deliverdocument.asp?citeID=385662
Effective 8/31/06 18 or up to 20 if child is still regularly enrolled and
attending high school.
No
Our duration of support law has changed over the years; however, based on case
law, the current duration of support law applies even if the law may have been
different when the order was entered. Carr vs Carr 834 P.2d 970
emancipate?
No
Our duration of support law has changed over the years; however, based on case
law, the current duration of support law applies even if the law may have been
different when the order was entered. Carr vs Carr 834 P.2d 970
Yes
Refer to 43 O.S. Section 112.1A - Disabled adult children
No
support?
We have no statute of limitation's. 43 O.S. Section 137 B 12 O.S. Section 95(10)
Any time before child's 18th birthday. The child may bring an action any time
before the age of 19.
Yes
possible.
Refer to 43 O.S. Section 137 (B). Dormancy only applies to real property and can
be revived by execution or renewal within 5 years from the date of the judgment
or last execution.
F. Support Details
Yes
conditions.
43 O.S. Section 114 Interest accrues at the statutory rate of 10% per year.
Yes
conditions.
Interest accrues at the statutory rate of 10% per year.
Yes
conditions.
Interest shall not exceed 10% per year. 43 O.S. Section 114; OAC 340:25-5-140.1
medical bill?
Yes
Only if there is a sum certain amount which is generally a medical costs
judgment provision in a court order.
Yes
None.
Genetic test costs are recovered from the putative father, if paternity is
established.
Yes
Genetic test cost are recovered from the putative father, if paternity is
established.
43 O.S. Sections 601-201 and 601-202, 601-202(UIFSA), and 604-501.
Yes
Enforce only if there is also a child support order.
No
Additional information may be requested in appropriate cases.
withholding)?
Income withholding.
None
No
payments?
$5.00 per pay period not to exceed $10.00 per month.
Upon the next payment to the obligor.
employee's pay?
Within seven (7) days after the date the obligor is paid.
Actions are filed in small claims court or district court.
A judgment for the amount that should have been withheld and paid and up to $200
per each failure to make the required deductions. 120.S.§ 1171.3 (B)(9).
Yes
lines.
40 O.S. 2-801 Send direct withholding to: Oklahoma Employment Security
Commission Attn: Benefit Division P.O. Box 52003 Oklahoma City, OK 73152
Yes
State lines.
Income withholding order should be directed to the insurance carrier or employer
paying the benefits.
By filing an action in District Court.
1st - In-State cases 2nd - Incoming interstate cases 3rd - Incoming high volume
administrative enforcement cases Oklahoma Administrative Code 340:25-5-351
assistance?
Yes
proceed.
termination?
Within 10 days of the date the obligor terminates employment.
rehired?
Until all chils support to all chilren is paid in full or until a termination of
the IWO is received.
No.
Yes.
Yes, to an employer, a workers' compensation insurance carrier, or a Social
Security Administration office.
The current child support is paid in full first, then the employer is to
withhold the insurance premium amount.
H. Paternity
No
When the IV-D agency brings the action we do not address these issues. If the CP
or NCP raise these issues in an action we bring or is brought privately, the
court can address these issues in a paternity order.
Rebuttable at 95% or more; conclusive at 98% or more.
See 10 O.S. §70 and 63 O.S. § 1-311.3
09/01/1994
Yes
Acknowledgments done before this date are not a presumption of paternity.
Yes
A husband, wife, putative father or their descendants may file a court action
within 2 years of the child's birght if the child is reared by the parents as a
family member (12 O.S. Section 3). Or by filing a Husband's Denial of Paternity
form with an Affidavit Acknowledging Paternity signed by the natural father. (12
O.S. Section 70).
determined?
No
Not a presumption of paternity unless voluntary acknowledgment of paternity was
completed 9-1-94 or later and filed with Oklahoma State Department of Health,
Vital Records Services.
Yes
Refer to 10 O.S. Section 504 and 505; 56 O.S. Section 238 6.B.
Yes
Centralized Paternity Registry 10 O.S.7506-1.1
Yes
None.
Yes
Elements are based on case law and are issues for the court to decide. We treat
these cases as paternity cases. OAC 340: 25-5-176 ITS 1
1907
N/A
This depends on the judge. Administrative Law Judges generally allow testimony
by telephone.
provisions.
43 O.S. Sections 601-201 and 601-202(UIFSA).
Yes
Genetic test costs are recovered from the putative father, if paternity is
established.
The Oklahoma State Department of Health, Vital Records Services will add the
fathers name to the childs birth certificate upon receipt of an original
Paternity Acknowledgment or a certified copy of an Order of Paternity.
child?

support obligation?
Both.
Most offices use the administrative process.
Some offices do not use the administrative processas they do not yet have an
assigned Administrative Lse Judge and actions are filed in District Court.
56 O.S. Section 237 et. seq.
Other parent of the child for whom support is being determined.
Court can deviate if award would be inequitable, unreasonable or inappropriate
under the circumstances, or not in the best interest of the child; a specific
finding of fact supporting such an action must be made by the court. 43 O.S.
Section 118(B)
Yes
Five (5) year limit for paternity cases and non paternity TANF cases only.
Guidelines information for the prior period. Documentation of income for both
parties for the period; evidence of custody; evidence of child support orders
for other children and documentation of payment being actually made.
No
Retroactive support allowed only in non paternity only if TANF expended and
current child support is being sought.
All actions except contempt. We can bring actions against the CP to compel the
CP and child to submit to genetic testing.
56 O.S. Section 237 et. seq.
http://www.oscn.net/applications/oscn/index.asp?ftdb+STOKST56&level=1
subpoena?
No.
expended?
No.
both?
Administrative.
Administrative
Past due amounts become a lien by operation of law. 43 O.S. 135(B)
Real property liens are perfected by filing a "Statement of Judgment" with the
County Clerk where real property is located. County Clerk. See www.OSCN.net for
a listing of County Clerks. Personal property liens are perfected in different
ways, depending on the type of property.
Yes

Yes
both?
Judicial. Exempt property may not be sold by forced sale.
Administrative.
Notice is sent annually
No
Yes
The state.
be sent?
, 3 days following notice to Financial Institution.
Arrears must equal the child support payable for at least 90 days.
Different for each NCP. Arrears must equal the child support payable for 90
days.
No.
Yes
100%
No
No.
action?
action?
Wrong person- wrong amount.
both?
Administrative.
None
Administrative.
30 days after Administrative order entered. No unique requirements. Non-debtor
has same review and appeal rights as obligor.
Automated levies are centralized. Matches not meeting automated criteria are
referred to district offices for review and potential manual levy.
No
No
period?
Financial Institution holds frozen funds for initial 21 days. Freeze continues
for a total of 60 days with remittance after each additional seizure.
21 days.

Yes
Both
may have.
have.

Procedures are under development.
registration?
Tax offset, credit bureau reporting, FIDM, and income withholding - current
support only unless payment plan ordered.
Registration is to occur at the time the enforcement action is taken.
Registration is done administratively or through district court depending on the
local office and the type of remedy being used.
None.
(UEFJA)?
Yes
12 O.S. Section 719-726
No
A tranmittal #1 clearly marked for FIDM levy ONLY, a copy of the Child Support
Order, the FIDM information and a current arrears computation should be sent to
the Interstate Central Registry. Additional information may be requested.
Transmittal must have CSE initiating workers direct contact information
(Telephone # & e-mail address).
information?
state, or both?
every three years)?
If requested, once a year if the non-requesting party is located or district
offices may initiate reviews at any time per 43 O.S.§118.1.
Upon request of the NCP, CP or the State.
Once case is reviewed and determined to be appropriate for a modification, we
attempt to obtain an agreement from the parties to the proposed adjustment. If
no agreement is reached, the parties are given 15 days to object to the
recommendation of the CSE by submitting additional information. A hearing date
is set for the court to approve the Order of Modification.
order)?
The amount of the support award must deviate from the existing award by an
amount greater than 10%.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
When an order is not in compliance with the child support guidelines or
visitation exceeds 120 nights per year.
No
For current support, the amount of Social Security benefit the child receives
from the non custodial parent for disability or retirement is added to the NCP's
gross income in preparing the child support guidelines. We then ask the court to
deviate from the guidelines to give credit against the base child support amount
for the amount of the monthly Social Security benefit payment to the child.
No
Enforcement- Certified copy of payment affidavits and Certifie3d copy of any
child support orders. Establishment/Modification- Child Care expenses, Insurance
information including cost, certified copies of payment affidavits.
Birth or Death Certificates: Vital Records Services Oklahoma State Department of
Health 1000 N.E. 10th Oklahoma City, OK 73117 (405) 271-4040
http://www.health.state.ok.us/program/vital/brec.html Cost is $10.00 per
certified copy or search for death record. Please include self addressed,
stamped envelope. Paternity Acknowledgments CSED-209 Affidavit Acknowledging
Paternity: Oklahoma Deparmtnet of Human Services Child Support Enforcment
Division P.O. Box 53552 Oklahoma City, OK 73126 (405) 522-4570 fax
Enforcement: 1 certified copy of orders Registration Statement Transmittal 1
Record of Payment Modification: Information listed above, plus: Uniform Spport
Petition General Testimony
reported?
payment?

cover the lump sum?
payment?
Oregon
combination)?
There are 15 local Division of Child Support (DCS) offices and 29 District
Attorney (DA) offices. **NOTE** DCS Operations Section has prioritized current
work to best utilize our resources. We will be focusing on the work which will
most likely lead to positive outcomes for families and children. Customers
inquiring about their case may find that we do not have information that enables
us to pursue paternity establishment, order establishment, and/or enforcement of
their child support order. Our case managers will be advising those customers
that we will be able to take additional actions when necessary verified
information is received. Customers and partner agencies interested in more
details about the priorities may contact their case manager or the local branch
manager.
Department of Justice, Division of Child Support (for cases involving TANF or
assigned arrears), County District Attorney offices (for non-TANF cases) and
federally recognized Tribal nations of Oregon.

Act (UIFSA)?
07/01/1994
07/01/1994
Oregon Revised Statute (ORS)110.303-110.452
For additional information: http://landru.leg.state.or.us/ors/110.html
version)?

State-level Reciprocity Arrangements: Austria; Canada (Prince Edward Island,
Quebec, Saskatchewan, & Yukon Territory); France; Germany; Hungary; Mexico;
Sweden; & United Kingdom (England, Northern Ireland, Scotland). Federal-level
Agreements: Australia; Canada (Alberta, British Columbia, Manitoba, New
Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut & Ontario);
Czech Republic; Ireland; Netherlands; Norway; Poland; Portugal; Slovak Republic;
& Switzerland.
Yes
services.
Memo of Agreement: Klamath Tribes; Confederated Tribes of Siletz; Confederated
Tribes of Umatilla. Memo of Understanding: Coos; Cow Creek; Grand Ronde; Lower
Umpqua & Siuslaw
D. Age of Majority
18 years old or 21 years old if attending school half-time or more
Oregon Revised Statute(ORS) 109.510. Also ORS 107.108 regarding child attending
school.
18 years of age
Yes
Beneficiaries that qualify as a "child attending school" under ORS 107.108 have
different requirements based on whether the most recent Oregon support order or
modification was entered before or after 10/4/1997. For orders dated prior to
10/4/1997, the child must be attending school at least half-time. For orders
dated on or after 10/4/1997, the child must be attending school at least
half-time, maintain a "C" grade average or better, and submit compliance
documents within 30 days from the start of each term or semester. Also, for
orders dated on or after 10/4/1997, a prorated share of the support is paid
directly to the child based on the number of children for whom support is
ordered.
emancipate?
No
Yes
Under special circumstances with Judicial approval.
support?
Prior to January 1, 1994, each overdue payment was a judgment that expired 10
years from the date of accrual if not renewed. Any arrears unexpired on January
1, 1994 and any child support judgment entered after that date expires 25 years
from the date of the original child support judgment. (see ORS 18.180(5) and
18.192)
No limit.
No
possible.
Shared Income Model
Yes
conditions.
Oregon Revised Statute (ORS) 82.010 provides for 9% interest. Interest is added
only if a party requests & provides an accounting that includes a calculation of
accrued interest. Periodic updates must be provided in order for a case to
reflect ongoing interest accrual.
Yes
conditions.
See F2.1 (same information)
Yes
conditions.
See F2.1 (same information)
medical bill?
Yes
Only if the medical debt is reduced to a judgement.
Yes
Fees for IRS Full Collection, Federal Tax Refund Intercept, State Tax Refund
Intercept & Federal Administrative Offset; Application fee for non-TANF cases
Application fee for non-TANF cases, genetic testing fees to establish paternity
Yes
UIFSA - Oregon Revised Statute (ORS)110.318
Yes
Oregon cannot establish or modify spousal-only support orders. Oregon can use
all enforcement methods for orders containing child & spousal support/arrears;
but for spousal-only orders, enforcement is limited to income withholding only.
No
withholding)?
Income Withholding, Wage Withholding, Automatic Order to Withhold, Direct Income
Withholding
TANF, Supplemental Security Income (SSI), Veteran's Benefits.
Yes
Withholding plus fee may not exceed 50% of disposable income unless by court
order; but still may not exceed CCPA limits. Arrears-only cases must retain
income equal to 160 hours multiplied by the federal minimum wage rate before
withholding occurs.
payments?
$5 per order per month
Employer shall begin withholding no later than the first pay period occurring
five working days after the date of the income withholding notice.
employee's pay?
Payments must be remitted within seven business days of the pay date/date of
withholding.
Seek judicial income withholding order from the court. If non-compliance, must
proceed with judicial contempt against the employer.
Same as above, however, the court could order employer to pay total amount
withheld from pay & potentially recover court costs & additional damages of up
to $250 for each occurence of non-compliance; payable to the court.
No
lines.
No
State lines.

An Obligor who wants to contest an order to withhold income must do so within 14
days from the date that income is first withheld pursuant to the Income
Withholding Order by requesting an Administrative review to the issuing agency
or an appeal to the issuing circuit court.
Prorate current support, then apportion any remaining amount to all orders.
assistance?
Yes
proceed.
Oregon Revised Statute (ORS) 25.414 is used to determine maximum withholding
limit when the obligor's principle place of employment is in Oregon.
termination?
rehired?
Employer: A direct income withholding may be sent to any public, private or
other income payer to attach earnings. Financial Institution: Not prohibited by
Oregon law; however, not all financial institutions will accept a direct levy
request. Most problems with direct levy requests involve issues with limitations
in the requesting State's law rather than in Oregon law. Workers Compensation:
Not prohibited by Oregon law; however, based on the advice of their legal
counsel, some insurers will not accept direct withholdings.
Withholding for cash child support takes priority over medical support.
H. Paternity
No
Conclusive of CPI 99% or higher.
Oregon Revised Statute (ORS) 109.070. The voluntary paternity acknowledgment may
not be challenged more than one year after the date of filing.
10/01/1995
Yes

Yes
If married parents are cohabiting at the time of conception & the husband is not
impotent or sterile, the child is conclusively presumed to be the child of the
husband. Otherwise, marriage creates a rebuttable presumption of paternity (ORS
109.070). Presumption may be rebutted through an Administrative or Judicial
process.
determined?
No
It will depend on how the father's name got on the birth certificate (e.g.:
voluntary acknowledgments are rebuttable up to one year).
Yes
The marriage of the parents after the child's birth creates a rebuttable
presumption of paternity.
No
Yes
There are no circumstances under which the fees are waived. Fees include $15 per
copy for a current record; $25 to amend a record.
No
Teleconferencing, Affidavit
provisions.
Oregon Revised Statute (ORS)110.318
Yes
child?

support obligation?
Both **NOTE** DCS Operations Section has prioritized current work to best
utilize our resources. We will be focusing on the work which will most likely
lead to positive outcomes for families and children. Customers inquiring about
their case may find that we do not have information that enables us to pursue
paternity establishment, order establishment, and/or enforcement of their child
support order. Our case managers will be advising those customers that we will
be able to take additional actions when the necessary verified information is
received. Customers and partner agencies interested in more details about the
priorities may contact their case manager or a branch manager.
Whenever possible, Oregon will use the Administrative process to establish a
support order. The Administrative process is most frequently used.
If the order is appealed or a party requests the case be heard by a judge, we
will proceed to the Judicial process.
Oregon Revised Statute (ORS) 416.400-416.470
The non-custodial parent's & custodial parent's incomes are used.
1) Evidence of other available resources of a parent; 2) Reasonable necessities
of the parent; 3) Net income of the parent remaining after withholdings required
by law, including, but not limited to the parent's mandatory contribution to a
retirement plan as a condition of employment; 4) A parents ability to borrow; 5)
Number & needs of other dependents of a parent; 6) Special hardships of a
parent; 7) Needs of the child; 8) Desirability of custodial parent remaining in
the home as a full-time parent or working less than half-time; 9) Tax
consequences-formula presumes custodial parent will have the tax exemption; 10)
Financial advantage afforded a parent's household by the income of a spouse or
other persons whom live with the parent; 11) Return of capital.
Yes
Past support may be ordered from the later of October 1, 1995 or the date of the
referral or application for services to the Child Support Program (ORS 416.422).
Dates & amounts of public assistance expended.
Yes
See answer to I4.1
subpoena?
expended?
both?
Administrative
Administrative
Any arrearage
There is no centralized lien registration process available through the Oregon
judicial system. Real property liens are created by operation of law within the
county where a foreign order is registered or where an Oregon order is
established. For a foreign order not registered in Oregon, an interstate lien
(Notice of Lien) may be recorded with the County Recorder in the county where
property is located.
Yes
Recording Fees: $11.00 flat fee plus $5.00 per one-sided page.
Yes
both?
Administrative or Judicial
Administrative
When the order established and in an annual letter.
No
No
N/A
be sent?
None, but must meet all qualifiers/criteria.
$500 minimum delinquency and 3 months delinquent. Note: Financial institution
account balance minimum is $500.
40 days; Oregon uses a one-step garnishment process.
action?
action?

both?
Judicial; Challenge to Garnishment. Dollars are held and NCP or joint account
holder has 40 days to file the challenge to garnishment.
None
40 days from date of service. Joint account holder has appeal rights and the
court makes a determination of what is allowable.
Centralized; not automated.
By Oregon Revised Statute, the financial institution receives a $10 processing
fee for each Writ of Garnishment, paid by the Oregon IV-D agency.
period?

Yes
Administrative: Worker's Compensation, Unemployment Compensation
may have.
Income withholding
have.
Contempt, Criminal Non-Support, Security Deposit Intercept
Contact the Oregon Central Registry to request an Interstate Lien packet which
contains information and forms for this process. Also see ORS 18.320-18.325.
registration?
*See J12 for additional information. All administrative enforcement remedies can
be taken without registration of a foreign support order. These include income
withholding, garnishment, license suspension, QMSCO, and withholding of
unemployment compensation and worker compensation benefits.
If only one foreign support order exists, it may be enforced administratively
without first being registered. If the Obligor objects to an administrative
enforcement action, the foreign support order must be registered before
enforcement activity can continue. When multiple support orders exist, no
enforcement action may be taken until all foreign orders have been registered
and a Determination of Controlling Order has been completed.
Judicial enforcement remedies that can be taken after registration of a foreign
support order include contempt and QDRO.
(UEFJA)?
Yes
Oregon Revised Statute (ORS) 24.105-24.175
No. Garnishment actions (freeze & seize actions) must come from an Oregon clerk
of the court or the Administrator (Division of Child Support).
Garnishment Criteria: Greater than $500 arrears; greater than $500 FI account
balance; & no payment in the last 3 months. Required Documents: Transmittal #3;
copy of order(s); complete dependent information (name, SSN, DOB); full
certified pay history; verified bank account information; name & address of
court with underlying authority over the order.
information?
state, or both?
every three years)?
Every two years, or less than two years if requested due to a change of
circumstances.
Upon request of the Custodial Parent, Non-Custodial Parent or Guardian in TANF
and non-TANF cases.
Administrative in accordance with UIFSA.
order)?
$50 or 15%, whichever is less.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
1)One of the children has been emancipated; 2)The obligated parent is
incarcerated and has no known assets or income; 3)Parties reside together and
are providing support for the child or children in their home; 4)The child(ren)
was not included in the original order.
No



Yes
ORS (Oregon Revised Statutes) 25.414(4) states: "Notwithstanding any other
provision of this section, when withholding is from a lump sum payment or
benefit, including but not limited to retroactive workers' compensation
benefits, lump sum retirement plan disbursements or withdrawals, insurance
payments or settlements, severance pay, bonus payments or any other similar
payments or benefits that are not periodic recurring income, the amount subject
to withholding for payment of a support obligation may not exceed one-fourth of
the amount of the lump sum payment of benefit." (Periodic recurring income is
defined as income that is received at least monthly on a regular basis.)
ORS 25.414(4)
For additional information: http://www.leg.state.or.us/ors/025.html
No
N/A
No
reported?
N/A
N/A
N/A
N/A
payment?
Yes
cover the lump sum?
It is noted on the original withholding order that the Employer should contact
the Oregon Child Support Program regarding whether to withhold or not from a
lump sum payment.
No
payment?
N/A
None
No
N/A
The Employer can withhold 25% of disposable income up to the amount of arrears
owed.
No
Oregon asks the Employer to separate the lump sum payment from the regular
wages. We do not go by the CCPA limits (does not apply in the State of Oregon).
The Employer can withhold up to 50% of the disposable income from regular wages
and up to 25% of the disposable income from the lump sum payment.
Pennsylvania
combination)?
None.
County Courts of Common Pleas, Domestic Relations Section.
Yes.
23 Pa. C.S.A. Section 4306
No
Act (UIFSA)?
01/01/1997
01/01/1998
Title 23 Sec. 7101
version)?
UIFSA 1996.

Australia, France, Germany, United Kingdom, Sweden, Ireland, The Canadian
Provinces of British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario,
Quebec and Saskatchewan.
No
No
services.

18
Title 23 PA.C.S. 4321 (2)
The age of majority in PA is now 18 or graduation from high school whichever
occurs later (23 PA CS section 4321). It does not occur automatically. PA no
longer recognizes a statutory cause of action for post secondary educational
support. 23 Pa.C.S.A Section 4327(a) was rules unconstitutional in 1995 by the
Supreme Court of PA in the Curtis vs. Kline case. However, contractually based
agreements for post secondary educational support contained in marital
separation agreements are enforceable.
No
emancipate?
No
Yes
Support beyond emancipation could be ordered for a child who is handicapped and
unable to support himself/herself.
No
support?
None.
18 years of age.
No
possible.
Income Shares Model -- child of seperated/divorced parents should receive same
proportion of parental income that he/she would have received if parents lived
together. (PA RCP 1910.16-1)
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If the uninsured amount is in excess of $250.00 per person annually -
Proportionally by income - if equal income.
No
Yes
23 PA CS section 4342(c) and section 7201.
Yes
Our Domestic Relations Sections, which are an arm of the Courts of Common Pleas
in PA (our trail courts), in addition to implementing the Title IV-D Child
Support Enforcement Program will also establish, enforce and modify (based upon
a change in circumstances) an order for spousal support. Grounds for
modification of a spousal order is often a change in the parties incomes.
Spousal support orders can also be suspended from charging for changes in
circumstances(such as incarceration of an obligee). In addition, our PA Rules of
Civil Procedure now allowing hearing officers to deviate from our support
guidelines (which is generally 40% of the difference in the parties incomes for
a spousal only order) in the establishment of spousal support order based upon
the length of marriage. This basis for deviation DOES NOT apply to child
support, however.
Yes
withholding)?
Income withholding
Non-periodic Income, Public Assistance Supplemental Social Security, and Alimony
Payment (23 PA CS section 4302)
No
Local courts have discretionary authority to place limits on income withholding.
payments?
Employer may deduct from the income of the obligor 2% of support obligation. Fee
cannot be deducted from support.
No later than 10 days after issuance of the notice to the employer.
employee's pay?
7 business days from the date the obligor is paid.
Adjudged in contempt, committed to or fined by court. Employer is also liable
for amount of support withheld.
Imposition of a civil penalty of up to $1,000 per violation for willfully
violating income attachment requirements.
Yes
lines.
Yes
State lines.

Obligor must appear before Domestic Relations Section within 10 days after
issuance of notice.
Prorate multiple income withholding orders.
assistance?
Yes
proceed.
23 PA CS section 7501.2 - Employer is to comply with the income withholding laws
of this state to establish priorities for withholding and allocation between
multiple income withholding orders. [court's Rules of Civil Procedures (RCP)
allows proration of multiple income withholding orders - PA.RCP 1910.21 (g)]
Per PA RCP 1910.16 (c) in determining net monthly income, the following items
are allowable deductions: Federal, state, and local income taxes; Federal
Insurance Contributions Act (F.I.C.A.) payments and non-voluntary retirement
payments; Union dues; and Alimony paid to the other party. In computing a
spousal support or and alimony pendente lite (APL) obligation, the court deducts
from the defendants monthly net income all of his/her child support obligations
and any amounts of spousal support, alimony pendente lite, or alimony being paid
to former spouses.
termination?
The Order/Notice to Withhold Income (En-028) form sent by the DRS to an employer
provides the following Termination Notification: You must promptly notify the
Requesting Agency when the employee/obligor is no longer working for you. Per Pa
Rules of Civil Procedure Rule 1910.21(d)(1) Upon termination of the obligor's
employment, the employer shall notify the domestic relations section of the
termination, the obligor's last known address, and the name and address of the
obligor's new employer, if known.
rehired?
The IWO should not be retained after termination of an employee. If the employee
is reinstated, the employer should report the hiring and a new IWO will be
generated.
No.
No.
You can send a direct income withholding order to an employer, the Pennsylvania
Department of Labor and Industry for Unemployment Compensation benefits, or
other income payor. Pennsylvania has a broad definition of income at 23 Pa.
C.S.A. Section 4302. Pennsylvania (in-state, not multi-state) financial
institutions will only honor Pennsylvania freeze and seize orders. Multi-state
financial institutions operating in Pennsylvania should honor an out-of-state
freeze and seize order provided the financial institution does business or
operates in the state issuing the order.
Current child support is paid first, then current medical support.
H. Paternity
No
99% creates a rebuttable presumption of paternity.
1/1/1998
Yes

Yes
Prove lack of access, physical incapacity or genetic test upon request.
determined?
No
Prior to 01/01/1998, paternity did not have to be established to name a father
on the birth certificate.
No

No
No

No
11/23/2004
Parties must be free to marry, must show intent to be married by presenting
themselves to the public as husband and wife. (effective 08/22/1958)
Written testimony and teleconference are used, but generally follow the UIFSA.
provisions.
23 PA CS section 4342 and section 7201.
Yes
The fees are a part of the court order for support.
Prior to Jan. 1, 1998, a birth certificate did not conclusively establish
paternity in the Commonwealth of Pennsylvania for children born out of wedlock.
The name appearing on the document was only a person so named the father. A
voluntary acknowledgement of paternity or a court order would be necessary to
establish paternity.
child?
One set of documents is preferred
support obligation?
Both.
Administrative used if action is not contested.
Judicial used if action is contested.
23 PA CS section 4305 --- general administration of support matters.
CP's income. If a child for whom support is sought is receiving SS reitrement or
disability derivative benefits as a result of a parent's age or disability, the
benefits the child receives shall be added to the combined monthly net incomes
of the obligor and obligee to calculate the income available for support. The
presumptive amount shall then be less the child's SS benefits before
apportioning the remaining support obligation between the two parties. (PA RCP
1910.16 -2(b)(2))
The amount of award determined from guidelines is the correct amount of support
to be awarded, unless trier of fact makes a written finding on record that an
award from the guidelines would be unjust or inappropriate. Fact to be
considered include: - Unusual needs and fixed obligations - Other support
obligations of the parties - Other income in the household - Ages of the
children - Assets of the parties - Medical expenses no covered by insurance -
Standard of living
Yes
Retroactive to include pre-natal and/or birthing expenses.
PA RCP 1910.27 Form for Complaint for Support
Yes
At the discretion of court
FTROP, STROP, real property liens, lottery intercept, passport denial and income
withholding (quasi-judicial as requires judge's signature).We use an
adminstrative process for our voluntary acknowledgement of paternity. The
program is conducted at hospitals. Establishment and Modification procedures are
judicial processes conducted by the Domestic Relations Sections of the Courts of
Common Pleas. Most enforcement remedies are a hybrid of administrative and
judicial, administratively generated by PACSES, but require the signature of a
judge (i.e. FIDM, Driver License Suspension, Income Withholding) and are subject
to contest.
12 PA CS section 4305
subpoena?
No
No Per Pa R.C.P. 1910.3 a support action may be filed by a person caring for a
minor child, with or without legal custody (23 Pa. C.S. §4341(b)) or appointed
as guardian ad litem (A guardian appointed by the court to appear on behalf of a
minor child). Legal custody is not required regardless of whether or not public
assistance is being expended.
expended?
No
No
PA does not reserve support
both?
Approved waiver form OCSE
Any child support arrearage
County
Yes
$5 - $25
Yes
both?
Judicial
Judicial
No
Yes
The State system generates the notice which notifies the NCP.
be sent?
Notice is sent to obligor 5 days after order to freeze assets is sent to the
financial institution
When an obligor owes any amount of overdue child support - overdue support is
the amount of delinquent support equal to or greater than one month support
obligation which accrues after the entry or modification of a support order as
the result of the obligor's non-payment of support
Pennsylvania's statute provides for the freeze and seizure of any amount of
overdue support. Overdue support is defined in the Pa Rules of Civil Procedure
(Pa.R.C.P.) at Rule 1910.1(c) as the amount of delinquent support equal to or
greater than one month's support obligation which accrues after each entry or
modification of a support order as the result of the obligor's nonpayment of
that order. Support is considered overdue if the obligor subsequently defaults
on a payment plan for past-due support. Rule 1910.1(c) clearly defines Past-due
support as the amount of support which accrues prior to entry or modification of
a support order as the result of retroactivity of that order. Past-due support
cannot be converted to overdue support unless the support obligor defaults on a
term of the order. In arrears-only cases, failure to pay an ordered on arrears
(OOA) amount for 30 days qualifies past-due support for conversion to overdue
support.
Yes
30 days.
No
No. The total amount of assets seized cannot exceed the total amount of overdue
support owed by the obligor but there is no limit to a percentage of the
financial assets eligible for Freeze and Seize.
No
No minimum amount in the account, however, the Pa Automated Child Support
Enforcement System (PACSES) only generates freeze orders automatically for
accounts with balances of $250 or greater. This threshold was established to
address operational and cost accountability concerns. Please note that the DRSs
may issue an order independent of PACSES to freeze and seize an asset with a
value less than $250
PACSES system identifies the cases that have more than the $250.00 minimum.
action?
Pa R.C.P., Rule 1910.23(b) states that the DRS shall provide a written
notification of the issuance of an Order to Freeze Assets to the support
obligor. The Notice of Freezing/Seizing Assets is sent to the obligor five
working days after a judge signs the freeze order. The freeze order provides the
obligor with the name of the financial institution and the account(s) to be
frozen. The obligor and/or joint owner of the account who has been notified by
the financial institution may object to the attachment in writing or by personal
appearance before the DRS within 30 calendar days after issuance of the notice.
action?
Our state law does not allow for a second contest to Freeze and Seize action.
The grounds for an objection are limited by Pa R.C.P., Rule 1910.23(b) to the
following: no overdue support exists under the support order or there is a
mistake in the certified amount of overdue support; there is a mistake in the
identity of the obligor; or the account is not subject to attachment as a matter
of law.
both?
Judicial
None
30 days. No unique requirements. Non-debtor must contest freeze through the
court
Not centralized. Automated
None
No
No
period?
The Order to Freeze Assets (En-525) instructs the financial institution to
freeze the assets up to the ordered amount for an obligor until further Notice
of this court.
Pennsylvania law (Pa. C.S. §4304.1(b.1)(2) states Remittance by the financial
institution shall be made within a reasonable period of time.

Yes
Judicial
may have.
have.
Imprisonment, Fine Probation
PA CS section 4352(d1)lists procedures for another state to register
administrative liens with PA. The existence of overdue support creates the lien
on real property and information regarding the amount of overdue support can be
obtained by accessing the Department of Public Welfare's internet website
www.pachildsupport.com or by contacting the local Domestic Relations Office.
registration?
None. Procedures to implement. Administrative Enforcement for interstate are not
finalized.
Enacted UIFSA Model Act Verbatim
Upon registration, order is enforced in the same manner and is subject to same
procedures as an order issued by a tribunal of this state.
(UEFJA)?
Yes
23 PA CSA 7101
No
State must register their case for enforcement because Pennsylvania financial
institutions will not honor out of state freeze and seize orders. A Pennsylvania
freeze and seize order must be generated by the PACSES system. Use Transmittal
#1. We may close the case immediately after the bank account has been seized
provided that is the only asset attachable in Pennsylvania and Federal case
closure regulations are met.
Yes
information?
Reporting is made to four Consumer Reporting agencies: Trans Union, Equifax,
Experian, and Innovis
Administrative.
state, or both?
An obligor is not submitted for credit reporting if the case is an interstate
initiating case, but an obligor is submitted for an interstate responding case.
Obligors with verified Social Security Numbers, with the exception of interstate
initiating cases, who have overdue (normal) arrears equal to or greater than two
months of the support obligation are identified by PACSES on a monthly basis as
eligible for credit bureau reporting.
every three years)?
Every three years without requirement to show change in circumstances.
Modification conferences automatically set in TANF case, but must be requested
in NON-TANF cases.
Petition for modification filed with court and modification conference
scheduled.
order)?
Material and substantial change in circumstances
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
Yes
insurance.
Yes
Yes

No
Distribution is the same as all other collections.

N/A

Acknowledgement of Paternity and birth records/certificates can be obtained from
the the Pennsylvania Vital Records office. Birth records can be requested from
the PA Division of Vital Records which has records since January 1906. There is
a fee and records are not open to public inspection and must therefore be
requested by person of record, immediate family member or legal guardian, or a
court order or subpoena as required. Additional information is available by
calling (724) 656-3100. Paternity acknowledgments can be requested by contacting
the PA Central Registry by fax ((717) 787-9706), or mail.
UIFSA Transmittal #1, Registration Statement, Uniform Support Petition,
Certified Copy of the Order and Modifications + 2 photocopies, General
Testimony, Certified copy of Arrearages.
Yes
Entitlements to money or lump sum awards factored into net income using a method
and time period determined appropriate by the court without regard to source
include: Lottery winnings Income tax refunds Insurance compensation or
settlements Awards and verdicts Any form of payment due to and collectible by an
individual
Pa R.C.P. 1910.16-2 and 23 Pa.C.S.A.§4302.
Yes
Per Pa R.C.P. 1910.21(c) an employer shall not remit to the obligor any
severance pay; commutation or compromise pay; worker's compensation benefits; or
similar payment without contacting the DRS regarding the amount to be withheld
from a lump-sum payment.
Yes
reported?
No threshold
Employers are instructed on the Order/notice to Withhold Income for Support
(En-028) to contact the person/authority listed on the form, which is the
individual county DRS worker that issued the order. At that time, the employer
will be informed whether or not and the amount that will have to be withheld
from the lump sum as it varies among the 67 individual Pennsylvania county
courts.
There are no specified time frames
Payment is due from the first check after the receipt of the income withholding
order
payment?
Yes
cover the lump sum?
Process varies among 67 county courts.
Yes
payment?
Lump sum payments are attached a variety of different ways depending upon what
type of lump sum payment is being attached and according to various laws of the
67 Pennsylvania county courts.
See above response
Yes
It depends on the type of lump sum payment that is being attached.Pennsylvania
law specifies that the limits on the amount of income that can be withheld from
an obligors aggregate disposable weekly earnings for support obligations are
described in the Consumer Credit Protection (CCP) Act: A maximum of 50% can be
withheld if the obligor has another family to support, but arrears are equal to
or less than 12 weeks of support. A maximum of 55% can be withheld if the
obligor has another family to support, and arrears represent support that became
due more than 12 weeks prior to the current pay period. A maximum of 60% can be
withheld if the obligor does not have another family to support but has arrears
that are equal to or less than 12 weeks of support. A maximum of 65% can be
withheld if the obligor does not have another family to support, and arrears
represent support that became due more than 12 weeks prior to the current pay
period.
Yes
The CCPA limits would be applied to the entire amount
Puerto Rico
combination)?
State Administered/State Operated program.
Ten (10) Regional Offices One hundred thirteen (113) Local Offices
Department of Justice of Commonwealth of Puerto Rico, Office of Courts
Administration

Act (UIFSA)?

12/20/1997
version)?
No
services.

21 years of age or whenever minor is self supporting through marriage or
requiring non-custodian to provide for post-secondary education

emancipate?
support?
None, while minor has not attained majority; 5 years after minor attains
majority, if obligor is disabled, when disability ceases.
Action for recognition of children can only be established during life of
presumptive parents and 1 year beyond their death except in following instances:
(1) if father or mother died during minority of child, in which case child may
bring his action before first 4 years of his having attained his majority shall
have elapsed; (2) if after death of father or mother there shall appear a
written statement or document, of which no notice was previously had, wherein
child is expressly recognized, in this case action shall be established within
next 6 months after document has been discovered. Voluntary acknowledgements by
ascendents and collaterals of putative parent.
No
possible.
conditions.
No
conditions.

Yes
conditions.
medical bill?
Yes
Yes
Act No. 180 of December 20, 1997, known as the Uniform Interstate Family Support
Act.
No
Yes
withholding)?
Income withholding
Yes
Single 50% Married 50%
payments?
None.
employee's pay?
For the first withholding no later than seven (7) business days after the first
date the amount would have been paid or credited to the employee. For future
withholding within seven (7) business days of the employee's pay date.
After due notice and after judgment is pronounced for total amount not withheld
and remitted by employer or disburser on request of creditor; [property of
employer or disburser will be executed except if employer is the Commonwealth of
P.R., any of its agencies or municipalities.] Additionally, penalty of up to
$500. per violation is statutorily provided.
Yes
lines.
Yes
State lines.

NCP has ten (10) days to contest entering of the order by the Administrator or
Court.
Employers should report in a written form if they have received other orders of
income withholding of the obligor. Entity, case number, amount to be withheld
and name of the custodian should be informed. If more than one (1) Notification
to Withhold to same obligor, employers should withhold and deposit in the
Administration the total amount claimed to a maximum of 50% of the available
income of the obligor after tax deductions, Social Security and other deductions
required by law, as imposed by Section 303(b) of the Consumer Credit Protection
Act, 15 U.S.C.A
assistance?

proceed.
termination?
rehired?

Rebuttable presumption of paternity in cases in which the genetic test ordered
by the Administrator or the Administrative Judge produces a probability of
paternity of ninety-five (95) to ninety- seven point nine (97.9) percent.
Paternity shall be conclusive in the cases in which the genetic test ordered by
the Administrator or Administrative Judge produces a probability of paternity of
ninety-eight (98) percent or more.

Yes
determined?

No

No
provisions.
Yes
child?

support obligation?
Both
Expedited Administrative Procedure in cases filed after July 1, 1995.
Court hearing by Judge in cases filed before July 1, 1995.
Mistakes of fact; that there is no debt, or that the amounts corresponding to
the debt or to support payment are mistaken, or that the person is not the
obligor.
No
subpoena?
expended?
both?

Yes
both?

be sent?
action?
action?

both?

period?

Yes
Department of Labor, Unemployment benefit Government and Private Retirement
benefits
may have.
have.

registration?

(UEFJA)?
Yes
Act. No. 180 of December 20, 1997
information?
state, or both?
every three years)?
All support orders shall be reviewed and modified, if necessary, after three (3)
years from the date in which the order was established or modified.
Notwithstanding any law or provision to the contrary, the requirement of
significant or unexpected change in the circumstances of any of the parties
shall be complied with, if the application of the Mandatory Guidelines for the
establishment and Modification Support Payments in Puerto Rico results in an
amount different from that of the support payments currently ordered. The need
to provide health care for the minor in an order shall also be a criteria to
modify support payments.
order)?
Application of Guidelines results in a 25% upward or downward modification of
previous established amount.
apply, if any?

decreased.
has changed.

insurance.



reported?
payment?

cover the lump sum?
payment?
Rhode Island
combination)?
One state-wide office.
RI Family Court, RI Dept. of Labor and Training, RI Dept. for Children & Their
Families. Vital Records.
Act (UIFSA)?
08/02/1996
01/01/1997
C. Section 15-23.1-101 - 15-23.1-907 of the RI General Laws.
http://www.rilin.state.ri.us/Statutes/TITLE15/15-23-1/INDEX.HTM
version)?

Same as federal OCSE.
No
No
services.

18 years of age.
Section 15-5-16.2(b) of RI General Laws.
http://www.rilin.state.ri.us/Statutes/TITLE15/15-5/S00019.HTM
No automatic termination.
No
emancipate?
Yes
Discretionary with the court, but for the majority of the cases child support
will end.
Yes
If the court finds the child has a severe physical or mental impediment and
needs continuing support to age 21.
support?
None.
4 yrs. after age of majority Section 15-8-4.
No
possible.
Yes
conditions.
12% per anum
Yes
conditions.
12% per anum
Yes
conditions.
12% per anum.
medical bill?
Yes
If provided in a court order. Proper notice to the obligor. Proof of notice
followed by a refusal or non-payment.
No

Obligor may be charged attorneys fees and court costs.
Yes
If requested specifically.
Section 15-23.1-201 of RI General Laws.
Yes
Enforce only, if we are also enforcing child support.
Yes
If they have a child in common and the obligee is to be given a credit for the
child on the guideline worksheet.
withholding)?
Income withholding.
Veterans benefits.
http://www.rilin.state.ri.us/Statutes/TITLE15/15-16/INDEX.HTM
No
payments?
$2.00 per withholding.
7 days.
employee's pay?
Payment must be remitted within 7 days of the date the income was paid or
payable to the obligor.
Court action/contempt.
Personally liable for the amount of income, costs, interest and attorneys fees.
Yes
lines.
Yes
State lines.

Provides in writing the basis for the contest. RI in turn advises other state to
register for enforcement which has a built-in court hearing process.
First come, first serve priority. Employer would have to follow the federal
Consumer Credit Protection Act.
assistance?
Yes
proceed.
termination?
rehired?
No
97% conclusive presumption.
1997
Yes
Yes
If child born while parties were married or within 300 days after marriage
terminated.
determined?
No
Rebuttable presumption may be rebutted by a court decree establishing paternity
of the child by another man.
Yes
Section 15-8-3 of Rhode Island General Laws.
No
Acknowledgments are all filed with Vital Records and birth certificates
immediately created.
Yes
State agency does not pay fees.
Yes
Couple living together as husband & wife (same address, same bank account)
recognized by community as husband & wife.
1926
In case law from 1926 to date standard remain the same.
Teleconferencing: UIFSA testimony
provisions.
Section 15-23.1-101 of RI General Laws.
No
child?

support obligation?
Judicial.

New spouse only, if they have a child in common and obligor is to be given a
credit for supporting that child.
The court has the discretion to deviate from the guidelines. No set criteria.
Yes
In paternity cases, 6 years prior to the filing of the paternity complaint.
Also, may pursue past education, necessary support and maintenance.
Proof of income for 6 years and all bills for above.
No
6 years prior; only in paternity cases.
subpoena?
expended?
both?
Administrative.
Administrative.
$500 or more arrearage.
RP - Local Boat - DEM Directly with bank after asset locate PP - Secretary of
State.
No

Yes
both?
Administrative.
Administrative.
No
Yes
be sent?
10 days after assets are frozen.
$150 minimum delinquency for TANF, $500 minimum delinquency for non-TANF and 90
day delinquency. No accounts exempted.
None.
action?
action?

both?
Administrative.
None.
30 days. No unique requirements. Non-debtor has same appeal rights as obigor.
Centralized.
State law allows a $25 processing fee. Financial institution will deduct fee
from obligor's account.
period?

Yes
Judicial.
may have.
None.
have.
Contempt- civil, criminal - referral to the Attorney General and U.S. Attorneys
office.
Section 15-21-1 through 15-21-10. Same procedures must be followed per 15-21-11.
registration?
None.
Identical to all other states under UIFSA.
Motion to adjudge in contempt.
(UEFJA)?
No
information?
state, or both?
every three years)?
Every 3 years upon request.
On request of CP, NCP; in TANF cases upon request of state.
Judicial process. IV-D agency files the action in court as long as the criteria
listed below is met.
order)?
10% as a guide.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes

No


reported?
payment?

cover the lump sum?
payment?

South Carolina
combination)?
6 offices
Clerks of Court, Sheriffs
Act (UIFSA)?
07/01/1994
07/13/1994
SC Code Sec. 20-7-965
For additional information: http://www.scstatehouse.net/code/statmast.htm
version)?

Germany
No
services.

18 years of age.
SC Code Sec. 20-7-420 (17)
Court order is necessary to terminate support.
No
emancipate?
No
Yes
Child is handicapped, or child is still in high school and expected to graduate
before age 19.
support?
None.
No statute of limitations but IVD will not establish beyond age 18.
No
possible.
Income shares (Last revised March 1999).
conditions.

No
conditions.

No
conditions.
medical bill?
No
Yes
Genetic testing fees only.
No
S.C. Code Sec. 20-7-953
Yes
Enforcement only, if included as part of a child support order.
withholding)?
Wage Withholding.
None
No
payments?
Up to $3.00 per withholding.
Next pay period.
employee's pay?
Within seven (7) days of withholding.
Rule to Show Cause (Contempt) action in Family Court.
Total amount withheld.
No
lines.
No
State lines.

Family Court.
All will receive prorated payments if income is insufficient to satisfy all
requests completely.
assistance?
Yes
proceed.
termination?
rehired?
No
95% - Rebuttable
06/10/1997
Yes

Yes
Family Court Proceeding.
determined?
Yes

No

No
Yes
None.
Yes
Both parties must be legally free to marry and hold themselves out to the
community as husband and wife.
1911
Teleconferencing
provisions.
SC Code Sec. 20-7-953.
Yes
child?

support obligation?
May establish using either administrative or judicial process.
Administrative process in most cases.
Judicial process in contested cases or natural/legal cases.
SC Code Sec. 20-7-9505 et. seq.
CP's income is considered when calculating guidelines.
Left to judicial discretion.
No
No
subpoena?
expended?
both?
Administrative.
Administrative.
$1,000 or more arrearage
County - Registrar of Mesne Conveyance
No

Yes
both?
Administrative.
When case established.
No
Yes
be sent?
30 days before seizure.
$1,000 minimum delinquency. No specified number of months delinquent. No
accounts exempted.
30 days.
action?
action?

both?
Administrative.
None.
30 days. Grounds for appeal must be based on mistaken identity and arrears not
correct as stated in notice. No recourse for non-debtor.
Centralized.
The IV-D agency will send a follow-up notice requesting that the bank remit the
funds.
period?

Yes
Administrative.
may have.
have.
Procedures Pending
registration?
None.
UIFSA transmittal and required packet.
Rule to show cause for contempt is available through family court.
(UEFJA)?
No
information?
state, or both?
every three years)?
Every 3 years.
On request of either party; automatically in TANF cases.
This is a judicial process that requires a Summons and Complaint.
order)?
20% from present order.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes

No


reported?
payment?

cover the lump sum?
payment?
South Dakota
combination)?
8 Local Offices.
Unified Judicial System, IV-D Prosecutors and Sisseton-Wahpeton Sioux Tribe
No
NA
NA
Act (UIFSA)?
07/01/1994
07/01/1994
SDCL 25-9B.
http://legis.state.sd.us/statutes/Index.cfm?FuseAction=DisplayStatute&FindType=S
tatute&txtStatute=25-9B
version)?
1996

Poland, Newfoundland, Labrador, Federal Republic of Germany, Ontario, New
Brunswick, Territory of Nunavut, Yukon, Manitoba, Australia, Northwest
Territories, Nova Scotia, France, Hungary, Saskatchewan, Norway, Sweden, United
Kingdom, Mexico, England, Czech Republic, Slovac Republic and Ireland.
No
services.
The Sisseton-Wahpeton Oyate Tribe has a federally approved CSE program, and
interstate requests should be sent directly to the SWO Child Support
Enforcement, PO Box 808, Agency Village, SD 57262-0808.
D. Age of Majority
18 or until 19 years of age, if full-time student in a secondary school.
SDCL 25-5-18.1.
tatute&txtStatute=25-5-18.1
18 years of age.
No
emancipate?
No
The child must reside with the obligee in order for the IVD agency to enforce.
Yes
The parties can agree to a longer period of support and if approved by court
order is enforceable and binding upon the parties.
No
The only time the support would be reduced automatically would be in cases where
the court order indicates a specific amount to be paid for each child.
support?
20 years from date support is due.
Proceedings may start anytime before 18th birthday.
No
possible.
Income Shares.
No
conditions.
Discretionary with the courts on whether to grant interest or not. 1% per month
if awarded.
Yes
conditions.
1% per month. However, South Dakota DCS does not compute or collect interest.
Yes
conditions.
1% per month. However, South Dakota DCS does not compute or collect interest.
medical bill?
Yes
If unpaid medical expenses reduced to judgment, OWI can be issued for collection
of the same.
Yes
Obligee - $5.00 application fee for IV-D services; $20 fee for Locate Only; $50
($54 if no SSN) for child custody or parental kidnapping; $25 for wage
withholding only.
Obligor - Genetic Testing Costs, Court Costs.
Yes
Paternity - SDCL 15-7-2(8). Establishment - SDCL 15-7-2(7).
tatute&txtStatute=15-7-2
Yes
SD will only enforce spousal support if current child support is due.
No
withholding)?
Income Withholding, Wage Withholding, OWI.
Supplemental Security Income (SSI); VA Benefits; Work Release Earnings of
inmates of the State Penitentiary; State Retirement Funds; Census Bureau
Earnings; Work Study.
tatute&txtStatute=25-7A-32
Yes
Total amount of arrearage may be withheld from personal property, money and
credits, or other income not listed. 50% of wages, salaries, commissions,
bonuses, compensation as an independent contractor, workers compensation,
unemployment compensation or disability benefits. SDCL 25-7A-32
payments?
None.
First payment of income which is payable to the obligor following service of the
order.
employee's pay?
Within seven business days after the obligor is paid or his property withheld.
Request employer compliance. If unsuccessful with voluntary compliance, refer to
prosecutor for court action.
Petty Offense. Can also sue employer for amounts which were not withheld as
required by law.
No
lines.
No
State lines.
By filing a written request for administrative review.
The total amount withheld cannot exceed 50% of an employee's income, after
deducting the following: federal income tax, social security tax, health
insurance premiums attributable to dependent child(ren) listed in the
withholding order and any other deductions which are required to be withheld,
either by law or as a condition of employment. If multiple withholding orders,
the employer is to prorate payment to each withholding order, giving priority to
payment of current child support.
assistance?
Yes
proceed.
SDCL 25-7A-32
Disposable income is calculated by Gross Income minus mandatory taxes only.
termination?
The employer must promptly notify the Child Support Agency when the employee is
no longer working for them.
rehired?
The IWO is valid until a termination order is received by the employer. However,
in most instances, a new withholding order is issued when the employee returns
to the employer.
No.
The noncustodial parent may pay his current support with a credit card through
our website.
Direct income withholding orders may be issued to employers, financial
institutions and workers compensation carriers. However, South Dakota
Unemployment Insurance Division does not accept direct withholding orders from
other states.
South Dakota law gives priority to current support and arrearages. The amount
withheld for current support, arrearages and health insurance premiums cannot
exceed the 50% withholding limitation.
H. Paternity
No
99% or higher.
South Dakota has rebuttable presumptions of paternity. Either party can rescind
the affidavit by commencing an action in circuit court within 60 days of signing
the affidavit unless any administrative or judicial proceeding related to the
child has already been commenced. A party can also contest paternity for a
period of up to 3 years after signing the paternity affidavit on the basis of
fraud, duress or material mistake of fact. In order to do so, the party will be
required to commence circuit court action.
07/01/1994
Yes

Yes
The NCP must commence an action to contest paternity in circuit court within
statutory time frames referenced above.
determined?
No
The father must either sign a paternity affidavit, there must be genetic test
results of 99% or higher, or there must be a judgment of paternity entered by
the circuit court.
No

No
Yes
None.
No
Depending upon circumstances and judge. Videotape and teleconferencing may be
used.
provisions.
SDCL 15-7-2(8); Child must have been conceived in South Dakota.
tatute&txtStatute=15-7-2
Yes
The DCS will obtain a judgment on behalf of the initiating state for the genetic
testing costs.
The affidavit acknowledging paternity must be executed and filed shortly after
the birth of the child in order to have the father's name listed on the birth
certificate. In order to modify the birth record, the court order must
adjudicate paternity, must order the birth record to be amended to include the
father's name, and a Court Determined Paternity Report must be filed with the
court and the Vital Records office in the Department of Health.
child?
One set of documents with a seperate paternity affidavit for each child.
support obligation?
Administrative process is used when Notice of Support Debt is served on the NCP
and he does not contest the action. Application for an order for support is then
filed with circuit court. Judicial proceedings are used when the Notice of
Support Debt is contested or when referral has to be made to the IV-D
prosecutor.
See I1.1
SDCL 25-7A-5 through 25-7A-7.
Custodial Parent.
The NCP has 10 days from date of service of the Notice of Support Debt to
request a hearing.
Yes
Limited to 3 years from date of application.
Child Support Enforcement Transmittal #1, Uniform Support Petition, General
Testimony, and Paternity Acknowledgment or Genetic test results. If paternity is
an issue, an Affidavit in Support of Establishing Paternity needs to be
included.
Yes
Prior period support is limited to 3 years retroactive to date of application.
South Dakota uses judicial and quasi-judicial processes to establish paternity,
establish support orders, and modify support orders. Both administrative and
judicial processes are used to enforce support obligations.
SDCL Chapter 25-7A
subpoena?
Yes, SDCL 25-7A-56.3
No.
expended?
Yes.
Yes.
Modification of the order that reserved the support.
both?
Not applicable.
Administrative process.
Any arrearage.
County Register of Deeds.
No
Not applicable.
Yes
both?
Judicial process.
Administrative. South Dakota DCS can issue OWI to financial institutions to
seize funds within account.
Yes
Yes
The agency initiating the action.
be sent?
Simultaneously
The noncustodial parent must have a minimum arrearage of $1,000 and 3 months
with no payment. The account balance must be in excess of $1,000. However if the
DCS determines there are extenuating circumstances, the DCS may seize a lower
amount.
$1,000.
Yes.
Three consecutive months with no payment.
No

No
$5,000.00
State.
action?
20 days from the date the payment is received by the State Disbursment Unit.
action?
10 days from the decision date on the Administrative Review.
Wrong person or arrears balance discrepancy.
both?
Administrative.
None
Administrative.
10 days from date of notice. No unique requirements. No recourse for non-debtor.
Account can be seized as long as there is immediate withholding in the order.
No
Yes
Stocks and Bonds are considered income under state withholding laws.
period?
No.
Within 7 days of the date of withholding order.

Yes
Administrative process.
may have.
Lien against estate and settlements, Lottery offset.
have.
Order to show cause hearings.
Send to Register of Deeds in county where property is located and that office
will record the lien.
tatute&txtStatute=25-7-6.20
registration?
Wage withholding, Lottery Offset, Driver and professional license restriction,
UI and Workers Compensation Withholding.
Registration is made when all administrative enforcement attempts have been
exhausted. A referral to the IV-D prosecutor is made to register the order and
proceed with an Order to Show Cause Hearing.
After the registration, the NCP is served with an Order to Show Cause to appear
in Circuit Court.
(UEFJA)?
Yes
15-16A-1 to 15-16A-10.
tatute&txtStatute=15-16
Yes
If the financial institution will not accept the direct action, then SD DCS
requires Transmittal #1, certified copy of arrears, certified copy of the order
and a copy of the financial institution match record.
information?
state, or both?
every three years)?
Every 3 years.
On request of CP, NCP or Initiating Jurisdiction.
Petition is requested and completed by petitioning party. Petitioning party
sends completed petition with appropriate attachments to Modification Section of
DCS. Petition is filed with Clerk of Courts. Referee schedules and conducts
modification hearing. Referee submits a recommended order to the court. Court
enters modified court order if no objections have been filed. If objections are
filed, hearing is scheduled in Circuit Court and court order will be entered
after hearing.
order)?
Support obligation increases or decreases by 20% or more and proposed
increase/decrease is more than $25.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
Tax deduction of children, Custody or visitation changes, Obligation of
subsequent children, Travel costs for visitation, Abatement for visitation,
Health insurance coverage
No
In 1991, the South Dakota Supreme Court ruled that if a child(ren) receives SSA
benefits as a result of the noncustodial parent's disability, the NCP is
entitled to a credit on the child support obligation. The DCS has interpreted
this as a dollar for dollar deduction. If the SSA benefit is larger than the
current support obligation, the DCS will not enforce the current support
obligation. If the SSA benefit is lower than the current support obligation, the
DCS will enforce the difference. If there is a retroactive disability payment
and arrears are due and owing, the arrears may be reduced dollar for dollar if
the arrears accumulated during the same timeframe as the retroactive disability
payment.

The child support order must specifically state an abatement is allowed when
visitation occurs. The order must include the amount of abatement.
25-7-6.14
The child support order must specifically state an abatement is allowed when
visitation occurs. The order must include the amount of the abatement.
The Child Support Enforcement Transmittal #3 needs to be sent to the Central
Registry requesting a copy of the paternity acknowledgement/affidavit. The
request must include the names of the parties in addition to the child's name
and date of birth. The legal name of the child should be used when making the
request.
South Dakota requires the Child Support Enforcement Transmittal #1 requesting
registration for enforcement/modification. The request must include the
Registration Statement, certified Affidavit of Arrears and certified child
support order.
reported?
payment?

cover the lump sum?
payment?
Tennessee
combination)?
31
Agreements with local District Attorneys, Juvenile Courts and private contract
agencies
Yes
T.C.A 71-3-124
Yes
Opinions were issued by the TN Office of Attorney General, Opiinion # 00-27 and
by the Board of Professional Responsibility of the Supreme Court of TN, Opinion
# 90-F-123.
B. UIFSA
Act (UIFSA)?
7/1/1997
1/1/1998
TCA Section 36-5-2001
For additional information: http://www.michie.com/resources1.html
version)?
1996

Norway, Hungary, Jamaica, Australia, Germany, United Kingdom, France, Puerto
Rico, Ireland, Poland, Netherlands, England, Slavic Republic and Canada
(Ontario, Brunswick, Northwest Territories, Manitoba, Nova Scotia, Newfoundland,
Yukon Territory, Prince Edward Island, Saskatchewan),Sweden
No
No
services.

18 years of age, unless child is still in high school; in such cases
emancipation occurs when child graduates from high school or when class child is
in when he/she reaches 18 or graduates.
T.C.A. Section 34-11-102
Age 18 unless child is still in high school; in such cases emancipation occurs
when child graduates from high school or when class child is in when he/she
reaches age of majority.
No
emancipate?
No
Yes
No
support?
(TCA Section 36-2-321) Judgment for child support payments for each child
subject to the order for child support pursuant to this part shall be
enforceable without limitation as to time. The law is not retroactive.
Paternity can be established up to 3 years after child reaches age of majority.
No
possible.
Income Shares Model
No
conditions.

No
conditions.

No
conditions.
medical bill?
Yes
If there is a judgment or specific dollar amount in order, we would enforce.
No
No
T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
Yes
Establish - not a IV-D function Enforce - only in conjunction with child support
order Modify - not a IV-D function
Yes
withholding)?
Income withholding, wage withholding or income-assignment.
None.
Yes
The amount withheld must not exceed 50% after FICA, withholding taxes and health
insurance, which covers the child.
payments?
5% not to exceed $5.00 per month.
Within 2 business days.
employee's pay?
Within 7 days of the date the employee is paid.
Initial contact made to the employer. If no payment is made, a warning letter is
sent to the employer. If still no payments, contempt proceeding are initiated.
This is a last resort measure.
T.C.A. Section 36-5-501 (c) (1) (h) states an employer shall be subject to fine
for a Class C misdemeanor if the income assignment is used as a basis to refuse
to employ a person or to discharge the obligor/employee or for any disciplinary
action against the obligor/employee or if the employer fails to withhold from
the obligor's income or to pay such amounts to the clerk or to the Department as
may be directed by the withholding order.
Yes
lines.
Yes
State lines.
Worker's Compensation claims should be sent to the employer who in turn sends to
their Worker's Compensation insurance carrier.
Appeal for Fair Hearing process within 15 days of date of notice or date of
personal service.
Income withholding takes priority over any other assignment except tax debts.
assistance?
Yes
proceed.
termination?
rehired?
Direct income withholding can be sent to an obligor's employer. Direct income
withholding can be sent to a financial institution (FI) only if the FI is the
obligor's employer In regard to Workers Compensation, direct income withholding
can be sent to an obligor's employer who will forward it to its Workers
Compensation insurance carrier. TN accepts direct income withholding for UI
benefits from other states: FEIN: 62-6001445 CONTACT: Linda Wyman Fax:
(615)253-4649 ADDRESS: TN Dept of Labor and Workforce 10th Floor, Davy Crockett
Tower 500 James Robertson Pkwy Nashville, TN 37245-2400
Payments are applied first to current child support, then to current medical
support.
H. Paternity
Yes
Can be addressed at hearing; but, not by IV-D attorney
99%
1994
No

Yes
If parties marry after child is born, it is considered legal. If married and
natural father is there, all parties may sign affidavit as to legal father
through court action.
determined?
Yes
Since 1994, father's name on birth certificate means paternity is conclusively
determined.
Yes
If child is born within 10 months from the date of divorce.
Yes
Yes
None.
No
Although TN does not recognize common-law marriages, if common-law law marriage
is recognized in state in which it was contracted, it will be recognized.
Usually the standard Paternity Affidavit is all that is necessary; however,
interrogatories may be required-either written, videotaped, or teleconferencing,
depending on court preference.
provisions.
T.C.A. Section 36-5-2201 T.C.A. Section 20-2-214
Yes
If the mother was not married at the time the child was born or within 300 days
prior to that day, and if she and the biological father desire to add his name
to the child's birth certificate, this can be done by completing the "Voluntary
Acknowledgment of Paternity" form if the child is less than 19 years of age. If
an individual lives in TN, this form and information may be obtained from either
the local child support enforcement office or from the county health dpartment.
Whether an individual lives in TN or somewhere else, if their child was born in
TN, they can contact or visit the TN Vital Records Office for instructions. If
either the mother or the father is not willing to add his name to the birth
certificate or if another man is already listed as the father, then a court
order will be required to make the change to the birth certificate.
child?

support obligation?
Judicial process.


None.
If the court finds evidence sufficient to rebut, the court must make a written
or specific finding that application of the guidelines would be unjust or
inappropriate in the particular case. Findings that rebut must state the amount
that would have been required under guidelines and include justification for
duration which takes into consideration the best interest of the child.
Yes
(T.C.A. Section 36-2-311(a)(11) and 36-5-101(e)(1)). Code presumes retroactive
support should be set to the date of the child's birth or set to the date of the
parents' separation or divorce. If rebutted by clear and convincing evidence the
retroactive support date can vary.
Documentation of income or amount will be imputed.
Yes
Based upon individual's ability to pay.
1. Issue administrative subpoenas. 2. Issue Notice of Lien. 3. Issue
Administrative Order for payments to be made on arrears. 4. Issue Request for
Information for child support enforcement. 5. Issue Administrative Order to NCP
or employer to redirect child support payments to State's Centralized Collection
Unit. 6. Issue Notice of Redirect Child Suport Payments to State's Centralized
Collection Unit. 7. Issue Notice of Civil Penalty for failure to comply with the
Request for Information for child support enforcement. 8. Issue Notice of
Seizure of Asset. 9. Issue Administrative Order for Seizure of Asset. 10. Issue
Administrative Order for Parentage Test. 11. Issue Notice to Applicant or
Recipient of Child Support Services to inform the recipient of the notice that
the IV-D attorney assigned to the Child Suport case does not represent that
individual but represents onlythe State of TN. 12. Issue Petition to Enforce
Administrative Order. 13. Issue Petition to Enforce Administrative Subpoena. 14.
Issue Administrative Order for Modification of Current Support. 15. Conduct
administrative review of appeals regarding administrative actions. Yes.
T.C.A. 36-5-808
subpoena?
T.C.A. 36-5-801
expended?
both?
TN does not have a State income tax.
Both judicial and administrative.
An arrearage of $500 or more.
Locally.
Yes
The State does not charge a fee, but the county Clerk of Court and Register of
Deeds may charge a filing fee. The amount is unknown. This may vary from county
to county.
Yes
both?
Property seizures are administrative. The Tennessee Department of Revenue
procedures control the sale of seized property.
Administrative
When the case is established and a support order is entered.
No
Yes
The State is required to notify the NCP.
be sent?
Notification must be sent to the NCP within 5 days of the issuance of the order
of seizure.
An arrears balance of $500 or more. No accounts are exempted.
$500.00
No defined time period. The freeze remains in effect until the State notifies
the financial institution to remit the funds or release the lien.
N/A
Yes
100% Savingins Account Balance 50% Checking Account Balance
No
N/A
NO
N/A
action?
15 days (beginning with the date printed on obligors Notice of Seizure of
Assests.
action?
N/A
1. The correctness of the identity of the person(s)against whom the
administrative action is directed. 2. Whether there is a mistake of fact
involving the action of the department. 3. The correctness of the amount of the
obligation. 4. The extent of the obligor's interest in the assests. 5. Whether
good cause exists to not seize, sell,levy, levy upon, distribute or otherwise
dispose of all or a part of such assests.
both?
Administrative.
None.
15 days from date of notice. No unique requirements. No recourse for non-debtor
(financial institution sends notice to non-debtor, IV-D agency will hear
complaint if asked).
Not centralized. And not automated.
None.
No
N/A
No
N/A
period?
Yes
10 Days

Yes
Administrative procedures are available to intercept Unemployment Compensation
and Worker's Compensation benefits.
may have.
Genetic testing
have.

Procedures are not in place at this time. T.C.A. Section 36-5-903 provides that
the TDHS may enforce the lien without further order by a court by (1)
intercepting or seizing periodic or lump-sum payments or benefits or benefits
due the obligor from: (A) A state or local agency; (B) Judgments or any judicial
or administrative tribunal, settlements approved by an judicial or
administrative tribunal, and lottery winnings; (2) By attaching or seizing
assets of the obligor and other person or entity held in financial institutions
as defined in T.C.A. Section 36-5-910; (3) By attaching public and private
retirement funds; and (4) By enforcing the sale of the obligor's legal or
equitable interest in property and by distribution of the proceeds of such sale.
registration?
Income assignments, liens, contempt action and license revocation.
T.C.A. Section 36-6-2602 states an order may be registered in this state by
sending the appropriate documents to a trial court in the county where the
respondent resides, or in Title IV-D cases, the Central Registry of the TDHS.
On receipt of request for registration, the court will file the order as a
foreign judgment, together with one copy of the documents and information.
(UEFJA)?
No
Yes
information?
state, or both?
every three years)?
Under T.C.A. Section 36-5-103 (1) (A), upon the request of either parent, or if
there is an assignment of benefits under Title 71, Chapter 3, Part 1, upon
request of the Department of Human Services or either parent, any order subject
to enforcement pursuant to Title IV-D of the Social Security Act by any court
under this Title or Title 37 shall be reviewed at least every 3 years, and, if
necessary, adjusted in accordance with the guidelines established pursuant to
Section 36-5-1-1(e) if the amount of the child support order in the existing
order differs from the amount that would be awarded in accordance with the
guidelines.
Reviews are conducted upon request of TN Department of Human Services for IV-D
cases or either parent in Non-TANF cases.
T.C.A. Section 36-5-103 provides that the existing order of child support will
be reviewed every 3 years and, if necessary, adjusted in accordance with the
child support guidelines. If there are substantial changes in the parties'
situations between the mandated 3-year review period, the order can be adjusted
in accordance with the child support guidelines.
order)?
At least 15% change in gross income of an obligor; and/or a change in the number
of children for whom the obligor is responsible.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No
Effective January 1, 2006, orders considered for modification on or after that
date will require the parties to show only the fifteen percent (15%)or the seven
and one-half percent(7.5%) difference between the current and proposed orders
for a modification to occur.
No
The TDHS is planning to develop a cost-of-living index to use through automated
wage comparisons as a means of reviewing and adjusting the order.
1. To the extent Social Security Title II benefits received by a child on the
obligor's account meet the support obligations ordered to be paid by the obligor
for the child, these benefits shall be counted as child support payments. 2. If
after calculating the obligor's net income for child support obligation
determination purposes and after calculating the amount of the support
obligation, the amount of the child support award is equal to or less than the
Social Security benefits paid on behalf of the child on the obligor's account,
the child support obligation is met and no further child support amount shall be
paid. Any Social Security Title II benefit amounts above the court ordered
support shall be retained by the caretaker for the child's benefit. The court
shall make a written finding in the order to this effect. 3. If after
calculating the obligor's net income and after calculating the amount of the
support obligation, the amount of the child support award is greater than the
Social Security benfits paid on behalf of the child on the obligor's account,
the difference between the amount of benefits paid on behalf of the child from
the obligor's account and the amount of the presumptive award shall be the child
support award in the case. The court shall make a written finding in the order
to this effect.

TN Vital Records Central Services Building 1st Floor 421 5th Avenue North
Nashville, TN 37247 Ph. (615) 741-1763 FAX (615) 741-9860 The TN Office of Vital
Records registers and maintains the original certificates of births,
deaths,marriages and divorces that occur in TN. Certified copies of the original
records are available to the person named on the record and to certain family
members or legal representatives. Fees - Fees include a search of the records
for the year before and the year after the event date you provide. If, after
searching three years of records, the requested certificate cannot be located,
you will be sent a letter certifying that no record was found. The fee will not
be refunded because it is charged for the search of the records. Birth Records -
A certified photocopy of the original record may be obtained at a fee of $12.00
for the first copy and $4.00 for each additional copy of the same record
requested at the same time. For persons born from 1949 to the present, a
certified copy produced by computer is also available at a fee of $7.00 for the
first copy and $4.00 for each additional copy of the same record requested at
the same time. Both types of copies (photocopy and computer produced) are
certified and include a raised, embossed seal. Other Services - The Office of
Vital Records provides other record services including the creation of a new
birth certificate subsequent to adoption, legitimation or court ordered
parentage; the addition of a father's name to a child's birth certificate with a
voluntary acknowledgment of paternity; and the correction or amendment to facts
shown on a certificate. Call or write to obtain more information about these
services and the fees.
Uniform Support Petition, Support Order and Judgement, ENF Transmittal # 1,
General Testimony, Arrearage Affidavit, and Registration Statement. Three (3)
copies of all documents are required.
No
No, however, the depatment's guidelines for determining child support
obligations defines sources of income to be considered in arriving at the
obligation amount. As such, lump sum payments would be included. For example,
lump sum payments associalted with lotter winnings, workers compensation
settlements, bonus payments, severance payments.
Go to address http://www.state.tn.us/sos/rules/1240/1240-02-04.pdf This is the
site of Tennessee's Child Support Guidelines. Go to section 1240-2-04 (3) Gross
Income.
No
However, employers often report bonus payments and severance. Personal injury
insurance settlements and worker's compensation settlements are identified
through the Child Support Lien Project (seat agency Rhode Island).
No
reported?
N/A
N/A
If e3mployer reports, for example, pending bonus or severance pay, the state
immediately issues a lien against the amount.
Fifteen days (15) is allowed for an appeal of the lien. Collections would
immediately disburse according to finding of appeal or expiration of the appeal
period
payment?
No
cover the lump sum?
A lien would have to be issued
Yes
payment?
The Administrative Order for Seizure of Assets is used for in-state seizures.
Notice of Lien is used for out-of-state actions and also for in-state activity
as the situation warrents.
Notice of Seizure of Assets is issued to the non-custodial parent whenever the
Administrative Order of Seizure is issued. The Notice of Seizure notifies the
non-custodial parent, or the non-custodial parent's attorney, that the
non-custodial parent's assets; are subject to a lien; the assets have been
seized to satisfy a child support arrearage and the non-custodial parent has the
right to appeal the action.
No

Up to 50% of the person's net income as defined in the child support guidelines
for establishing support obligations.
No
The 50% limit would apply. Any amount over the 50% would have to be secured by a
lien.
Texas
combination)?
State administered and State operated
68 offices
Cooperative agreements reached with limited number of county offices; these
agreements do not affect incoming interstate cases.

Yes
Texas Family Code section 231.109.
Act (UIFSA)?
06/18/1993
09/01/1993
Texas Family Code chapter 159.
http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000159.00.
htm
version)?
Effective 9/1/03, Texas has adopted the revisions and additions to UIFSA
approved in 2001 by the National Council of Commissioners of Uniform State Laws.
2001

Austria, Australia, Canadian Provinces of; Alberta, Manitoba, New Brunswick,
Northwest Territories, Nova Scotia, Ontario, Saskatchewan, and the Yukon
Territory, Czech Republic, Germany, Hungary, Mexico, Norway, Poland, Sweden, and
the United Kingdom.
No
No
services.

18 years of age.
htm#101.003.00
18 years of age. But note that virtually all but extremely old orders have child
support continuing until age 18 or when the child graduates from high school,
whichever occurs later.
No
emancipate?
No
Yes
Court may extend support for high school, as noted above, or in the case of
mental or physical disability. Texas Family Code chapter 154, subchapter F.
Yes
Orders involving multiple children should state at the time they are issued the
amount of support based upon the guidelines for that number of children, i.e., a
"step-down" as emancipation occurs.
support?
There is a jurisdictional limitation after termination of the obligation of 10
years for judgments and 6 months for contempt. Texas Family Code section
157.005.
If a child has no presumed, acknowledged or adjudicated father, there is no time
limitation. If a child has a presumed father, the statute of limitations is four
years from the date of the child's birth. Texas Family Code sections 160.606 and
160.607.
Yes
possible.
Judgment must be renewed every 10 years; renewed by proof of attempted
execution. However, dormancy rules do not apply to the state in IV-D actions.
F. Support Details
Fixed percentage of obligor's net resources with adjustment for multiple family
obligation. Variances from guidelines within courts discretion. Texas Family
Code chapter 154, subchapter C.
Yes
conditions.
Interest accrues on the delinquent child support at the rate of 6% simple
interest per year from the date support is delinquent (payment considered
delinquent if not received before the 31st day after payment due date). Texas
Family Code section 157.265.
Yes
conditions.
NOTE TO F3: Interest is charged for post-judgment retroactive support. NOTE TO
F3.1: Interest accrues from the date the Texas order is rendered at the rate of
6% simple interest per year.
Yes
conditions.
6% simple.
medical bill?
Yes
Unreimbursed medical expenses may be enforced for whatever percentage that is
stated in the order, or 100% if a party was ordered to obtain coverage and did
not.
Yes
None
Attorney's fees should be assessed in contempt cases where the obligor's arrears
equal or exceed $20,000. The court may waive the fee if the obligor is
involuntarily unemployed or lacks financial resources. Attorney's fees are
optional in enforcement actions with arrears less than $20,000.
Yes
Genetic testing costs are recovered from the obligor.
Jurisdiction is established in the initial order, and need not be asserted again
in subsequent enforcement actions. The long-arm statutes for establishing an
obligation may be found in Texas Family Code sections 102.011 and 159.201.
htm#102.011.00
Yes
Texas law allows the establishment of spousal support orders in very limited
situations. Spousal support may be collected by IV-D agency in conjunction with
current child support only. Texas can only modify Texas spousal support orders.
IV-D agency does not establish or modify spousal support orders.
No
withholding)?
Income withholding.
Those things which are not considered disposable earnings. However, other income
may be subject to other remedies such as liens or intercepts. Texas Family Code
section 101.010 and chapter 158.
htm#101.010.00
Yes
Up to 50% of the obligor's disposable income may be withheld.
payments?
Up to $10.00 per month; this fee is optional and is deducted from the employee's
remaining disposable income.
Not later than the first pay period following the date on which the order or
writ was delivered to the employer.
employee's pay?
Each pay date.
A pleading may be filed in court to seek compliance and/or a penalty (including
contempt, if appropriate) for employer non-compliance. The employer is liable to
the obligee for the total amount of child support and medical insurance not
paid. In addition, the employer may be fined $200.00 for each occurrence in
which the employer fails to withhold.
The employer is liable to the obligee for the total amount of child support and
medical insurance not paid. In addition, the employer may be fined $200.00 for
each occurrence in which the employer fails to withhold.
No
lines.
Texas SESA requires that the request to withhold come through the IV-D agency
via an automated interface.
Yes
State lines.

Texas establishment order: Issue resolved at time of entry of initial wage
withholding order. Judicial Notice of Withholding: Obligor must file an answer
or motion to stay within 10 days of receipt of notice. Administrative Notice of
Withholding: Contact IV-D agency and right to judicial contest. UIFSA
registration: Obligor must file answer not later than 20 days from the date
notice is mailed or served.
For an obligor with multiple family obligations, Texas Family Code section
158.207 provides that the employer withhold an equal amount of current support
on each order up to the full amount of each order until all current support
amounts are paid, and thereafter equal amounts for any ordered arrearage
payments until all orders have been satisfied or the maximum amount of allowed
withholding is reached.
assistance?
Yes
proceed.
htm#158.207.00
Yes.
termination?
No later than the seventh day after termination. Texas Family Code section
158.211
rehired?
No statutory requirement.
No.
No.
Employers.
Cash medical is considered current support and covered in Texas Family Code
section 158.207. State withholding limits apply to disposable income, and
disposable income is determined after payments for health insurance premiums
have been withheld. Texas Family Code sections 101.010 and 158.009.
H. Paternity
Yes
On intrastate cases only. A presumption of joint managing conservatorship is
considered to be in the child's best interest. A "standard" visitation schedule
is followed.
Test results disclose a 99% probability of paternity and a combined paternity
index of 100 to 1. Texas Family Code section 160.505
09/01/1999
Yes

Yes
By an adjudication which must be done before the child's fourth birthday;
except, where it can be shown the presumed father and mother did not live
together or engage in sexual intercourse with each other during the probable
period of conception, and the presumed father never held the child out as his
own, there is no limitation. Texas Family Code section 160.607.
determined?
No
A man is only presumed to be the father if he was voluntarily named as the
child's father on the child's birth certificate and he married the mother of the
child after the birth of the child in apparent compliance with law. After
9/1/99, the name of the father should appear on a birth certificate only if
there has been an achknowledgment. Texas Family Code sections 160.204.
Yes
A man is presumed to be the biological father of a child if: (1) he and the
child's biological mother are or have been married to each other and the child
is born during the marriage or not more than 300 days after the date the
marriage terminated by death, annulment, or divorce or by having been declared
void; (2) before the child's birth, he and the child's biological mother
attempted to marry each other by a marriage in apparent compliance with law,
although the attempted marriage is or could be declared void, and the child is
born during the attempted marriage or not more than 300 days after the date the
attempted marriage terminated by death, annulment, or divorce or by having been
declared void; (3) after the child's birth, he and the child's biological mother
have married or attempted to marry each other in apparent compliance with law,
although the attempted marriage is or could be declared void or voided by
annulment, and: (A) he has filed a written acknowledgment of his paternity of
the child; (B) he voluntarily is named the child's father on the birth
certificate; or (C) he is obligated to support the child under a written
voluntary promise; (4) during the first two years of the child's life, he
continuously resided with the child and represented to others that the child was
his own. Texas Family Code section 160.204.
Yes
Paternity Registry, Vital Statistics Unit.
Yes
None.
Yes
Common law marriage in Texas must have all 3 of the following conditions: 1) the
parties must have agreed to be married, 2) cohabitate after the agreement to be
married, and 3) represent themselves to others as being married. A declaration
and registration of informal marriage is available. An action to establish an
informal marriage must be commenced within two years of the date of separation.
1989
Living together and holding out as married.
For instate parties, personal appearance may be necessary to avoid adverse
interferences. In interstate (longarm and two state) situations, UIFSA is
utilized (primarily forms and telephonic) to avoid personal appearance.
provisions.
Texas Family Code sections 102.011 and 159.201.
htm#102.011.00
Yes
If a man is found to be the father of a child, he is ordered to pay genetic
testing fees.
Yes, the Vital Statistics Unit's form VS-166.
child?

support obligation?
While Texas does do some establishment actions judicially, a
quasi-administrative process is normally used to establish obligations.
Interstate responding cases are frequently handled judicially.
In most circumstances, unless one of the exclusions in I1.2 is applicable.
A party is presently incarcerated, history of family violence, foster care,
minor party, custodial party is not the mother or father, a presumed father
needs to be excluded, contempt is sought.
htm
None.
That the application of the guidelines would be unjust or inappropriate. There
are several other factors set out in law, which a court may consider in
deviating from the guidelines. Texas Family Code sections 154.123.
Yes
It is presumed that a court will limit the retroactive amount to four years
preceding the date of the petition.
No additional documentation is required.
Yes
NOTE TO I4.3: If the child is not emancipated, current support will also be
sought in addition to retroactive support. The retroactive support period will
be the entire 4 year period unless the obligee has waived the claim to any
unassigned retroactive support. NOTE TO I4.4: Support can be established only if
all parties whereabouts are known. In ordering retroactive child support, the
court shall consider the net resources of the obligor during the relevant time
period and whether: (1) the mother of the child had made any previous attempts
to notify the biological father of his paternity or probable paternity; (2) the
biological father had knowledge of his paternity or probable paternity; (3) the
order of retroactive child support will impose an undue financial hardship on
the obligor or the obligor's family; and (4) the obligor has provided actual
support or other necessaries before the filing of the action.
Establish parentage, support, modify and enforce.
htm
subpoena?
Texas Family Code sections 231.303.
No.
expended?
No.
No.
No.
both?
There is no state income tax in Texas.
Judicial for all but FIDM.
Any arrearage balance.
In the county where real property is located or delivered to to asset holder.
No

Yes
both?
Judicial
Both, but usually administrative.
There is no requirement that a non-custodial parent (NCP) receive notice that a
Freeze and Seize action is an enforcement remedy and may be used by the State to
collect delinquent child support prior to the action being commenced.
No
No
NOTE TO J5.3: Not necessarily a new notice, but a notice is sent for a Freeze
and Seize. A Notice of Lien only encumbers the account, whereas a Notice of Levy
warns that the assets are about to be seized. NOTE TO J5.4: The claimant is
responsible for giving the NCP both a notice of lien and a notice of levy.
be sent?
There must be past due support.
There is no statutory minimum. The IV-D agency uses an arrears threshold. The
threshold is subject to a periodic review.
No.
No

No
No statutory minimum.
action?
No statutory time period to contest a FIDM lien (freeze). 10 days for an obligor
to contest a levy (seize).
action?

both?
A freeze and seize initiated by the Texas IV-D agency provides for an
administrative complaint process. All freeze and seize actions are subject to a
judicial complaint process. The issues involved are mistaken identity or
incorrect arrears.
None.
30 days. The IV-D agency must release the lien if there is an absence of arrears
or if the lien was filed based on mistaken identity. Recourse for current spouse
only.
Centralized and partially automated. System will identify cases and track
timeframes. Workers will verify assets, send documents and initiate seizure
actions.
If an account contains property owned by the community estate, the law gives the
court discretion as to the amount of community property that may be garnished to
satisfy child support arrears.
period?

Yes
Administrative; unemployment benefits, lottery intercept, State Debt Set Off
Pending.
may have.
Lottery Intercept.
have.

Interstate liens are enforced in the same manner as intrastate liens. Texas
Family Code Chapter 157, subchapter G
htm#157.311.00
registration?
Income Withholding, Credit Bureau Reporting, State Debt Set Off, and Lottery
Intercept.
Registration under UIFSA. Enforcement action can be filed simultaneously with
the registration request.
No required procedure but any enforcement action may be filed simultaneously
with registration.
(UEFJA)?
Yes
Texas Civil Practice and Remedies Code, section 35.001.
http://www.capitol.state.tx.us/statutes/docs/CP/content/htm/cp.002.00.000035.00.
htm
No. While nothing precludes another state from attempting a Freeze and Seize in
a Texas financial institution, the claimant must be prepared to follow Texas
law. Assistance from the Texas IV-D agency is strongly suggested.
Do a limited services request.
information?
state, or both?
every three years)?
Every three years or upon the request of the custodial parent, non-custodial
parent or guardian.
Every 3 years or upon the request of the custodial parent, non-custodial parent
or guardian.
A change in circumstances must be demonstrated.
order)?
General modification standard that is there requires a change in the
circumstances of the child or a person affected by the order that is material
and substantial and has occurred since the date of the order. Review/Adjust
criteria, in addition, the monthly amount of child support awarded under the
order differs by either 20% or $100.00 from the amount that would be awarded in
accordance with the child support guidelines.
apply, if any?

Yes
No
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
No
Payments received by or for the child because of the obligor's disability may be
credited when establishing current support.

While Texas does not have an abatement statute for ending or reducing support in
certain circumstances, Texas does have an abeyance process for temporarily
holding enforcement of assigned arrears in abeyance. Texas Family Code sections
157.262.


reported?
payment?

cover the lump sum?
payment?
Utah
combination)?
6 Regional Offices.
Attorney General's Office, Process Service Companies, DNA Diagnostic Companies,
and Office of State Debt Collection.
Yes
www.utahbar.org/rules ops pols/ethics opinions/op 99 02.html,
www.utahbar.org/rules ops pols/ethics opinions/op 115.html,
www.utahbar.org/rules ops pols/ethics opinions/op 99.html
Act (UIFSA)?
04/28/1996
07/01/1996
U.C.A 78-45f-100-901.
For additional information: http://www.le.state.ut.us/~code/TITLE78/78_3A.htm
version)?
2001
July 2004
C. Reciprocity
Alberta, British Columbia, British Isles, England, France, Germany, Manitoba,
Mexico, Northern Ireland, Norway, Ontario, Poland, Quebec, Saskatchewan,
Scotland, United Kingdom, Wales, West Germany and Yukon territory.
No
No
services.

18 years of age or has graduated from high school during the child's normal and
expected year of graduation, which ever occurs later.
U.C.A. 78-45-7.10.
http://www.le.state.ut.us/~code/TITLE78/htm/78_36022.htm
For orders issued after July 1, 1994, 18 years of age or has graduated from high
school during the child's normal and expected year of graduation, which ever
occurs later. For order issued prior to July 1, 1994 the age when child support
is automatically terminated is 18.
Yes
See D3
emancipate?
No
Yes
By court order.
Yes
The guidelines worksheet is recalculated with the only change being that one
less child is included.
support?
The majority of the last child in the order, plus 4 years unless a sum-certain
judgment has been taken (support has been reduced to a judgment and the eight
year statute of limitations allow collection for a longer time period).
The child's 18th birthday; 4 year statute of limitations on arrearages when
establishing paternity is pursued privately. The IV-D office does not pursue
arrears on paternity cases prior to the date of the paternity notice.
Yes
possible.
Judgments may be renewed by court order prior to expiring. The IV-D office does
not pursue judgment renewals.
F. Support Details
Income Shares.
No
conditions.

No
conditions.

Yes
conditions.
Federal post-judgment rate plus 2% on judgments. Rate changes each January.
medical bill?
Yes
If the uninsured medical portion has been reduced to a sum-certain judgment by
the parent.
Yes
Charge the custodial parent for payment processing ($5.00 per check with a
$10.00 limit per month) and Federal Tax offset ($25.00).
Charge the obligor for each payment made by income withholding ($3.50 per check
with a $7.00 limit per month). This only applies to Utah orders dated January 1,
1994 through July 1, 1997.
Yes
U.C.A. 78-27-23, 78-45a-2, 78-45e-1 through 4, and 78-45f-201 & 202.
Yes
Will not establish; Will enforce and modify in conjunction with a child support
obligation. Will continue to enforce after the child support obligation ends if
income withholding is already in place.
No
If the parties wish to receive a present family credit in establishment or
modifcation, information on the new spouse will be required before the credit c
an be calculated.
withholding)?
Notice to Withhold (NTW), for "Income Withholding."
Means tested income (i.e. IV-A, SSI).
Yes
50% of disposable income after mandatory deductions; up to 65% in some cases to
meet all current support obligations.
payments?
May charge a one time fee of $25.00.
The next pay period.
employee's pay?
Within 7 days.
1. Administrative non-wage garnishment 2. If #1 is not effective, the employer
is referred to the Attorney General's Office for judicial enforcement.
Liability for willfully failing to withhold is $1,000, or the accumulated amount
which should have been withheld, whichever is greater. Liability for late
payments is $50, or 10% of the withheld amount for each late payment, whichever
is greater.
No
lines.
The withholding request must be sent to Utah's IV-D agency. The Unemployment
Compensation Agency is not defined as an "employer."
No
State lines.
The withholding request must be sent to Utah's IV-D agency. The Worker's
Compensation Agency is not defined as an "employer."
Send in a written request contesting income withholding.
Current supports for all claims are honored first. If there is not enough money
to cover all, current support is prorated. Utah's arrears have priority over
other States' arrears.
assistance?
Yes
proceed.
Utah employer - contact the Office of Recovery Services/Child Support Services
to establish priorities for allocating the support withheld. Out-of-state
employer - follow the laws of the non-custodial parent?s work state to establish
priorities for allocating the support withheld.
No
termination?
rehired?
Indefinitely - UCA 62A-11-408(2)&(3)
Charge the obligor for each payment made by income withholding ($3.50 per check
with a $7.00 limit per month). This only applies to Utah orders dated January 1,
1994 through July 1, 1997.
No
Direct income withholding can be sent to an employer.
Current child support should always be paid first, however, the NCP can ask the
employer to continue withholding the medical support amount and exceed CCPA
limits.
H. Paternity
No
99.33% or higher.
It is conclusive unless it is successfully challenged or rescinded.
07/01/1997
Yes
Yes
Court action required or genetic test results.
determined?
No
It is merely evidence of paternity.
No

Yes
Department of Health/Office of Vital Records and Statistics.
Yes
None.
Yes
Paternity must still be legally established. Determination of common law
marriage must be made during the relationship or one-year after its termination.
Unknown.
1987
No law in effect prior to 1987.
Written, teleconferencing, videotape, or other electronic means.
provisions.
U.C.A. 78-27-24, 78-45a-2, 78-45e-1 through 4, and 78-45f-201.
Yes
As requested by other state.
Copy of court or administrative order or acknowledgment of paternity and payment
of fee upon filing with the Office of Vital Records and Statistics.
child?
One set of document with a paternity affidavit for each child.
support obligation?
Primarily Administrative, Judicial as needed.
No prior judicial order exists or a prior judicial order authorizes use of
administrative process.
A prior judicial order exists or involves a minor parent. U.C.A. 62A-11-304.2,
63-46b.
U.C.A. 62A-11-301 through 328, authorizes the administrative process; U.C.A.
63-46b Utah Administrative Procedures Act (UAPA).
http://www.le.state.ut.us/~code/TITLE62A/htm/62A0A027.htm
Both CP'ss & NCP's income are used. A current spouse's income may be used to
determine present family credit.
Amount would be unjust, inappropriate, or not in the best interest of the child.
Yes
In conjunction with establishing a current support obligation only. Paternity
cases: prior period from date of paternity notice forward (no arrears pursued on
paternity cases). Non-paternity cases: prior period up to four years at time of
notice, but not to exceed the earlier of the IV-A date of eligibility or date of
IV-D application on Non-IV-A cases.
Time periods and parents income information.
Yes
Cannot establish suppor for prior periods on emancipated child(ren).
Paternity and order establishment, modification of existing administrative
orders.
Utah Administrative Procedures Act (UAPA) UCA 63-46b.
subpoena?
No
expended?
Yes
We rely on the issuing state's laws to determine whether support follows the
child and under what circumstances.
Establishment (Utah uses the phrase "establishment by modification" internally)
because there is no dollar amount.
both?
Administrative.
Administrative
$150 TANF, $500 Non-TANF - one month delinquent, received annual notice plus 30
days delinquent, no bankruptcy, and no good cause.
County.
No

Yes
both?
Judicial. However, the IV-D agency does not currently execute on real property.
Judicial and Administrative
No
Yes
The State.
be sent?
Simultaneously.
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at
least more than one month delinquent. No account exempt.
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF. The value
of the asset must exceed the costs associated with the asset seizure.
Yes
60 days.
Yes
Any amount available over a $2,000.00 threshold.
No
Any portion that can be shown to belong to a non-obligated joint owner will not
be levied.
Yes, current IV-D agency procedures require over $2,000.00.
State, prior to issuing the lien; Financial Institution ater receiving the lien.
action?
15 Calendar days.
action?
15 Calendar days.
- Case is currently under adminsitrative review. - Some or all funds are exempt
as theya re from Federal or State benefits. - Not the obligor. - Some or all
funds do not belong to the obligor. - Contesting the past-due amount alleged.
both?
Administrative or judicial.
None.
Administrative or judicial.
15 calendar days from date of notice. Financial institution sends non-debtor
notice if non-debtor lives at a different address. IV-D agency sends notice to
non-debtor if non-debtor lives at same address as obligor. Non-debtor has same
None
period?
Yes.
21 Calendar Days.

Yes
Administrative.
may have.
Automated Annual Notice of Past-due Support (Super Notice).
have.
File an Interstate Lien with the appropriate Clerk of Court where the property
is located.
registration?
All administrative enforcement procedures are available, as long as the orders
are not contested.
Judicially referred.
None.
(UEFJA)?
No
See 62A-11-315.5, Enforcement of Liens Arising in Another State. All
administrative enforcement procedures are available, as long as the orders are
not contested.
http://www.le.state.ut.us/~code/TITLE62A/htm/62A0A036.htm
information?
state, or both?
every three years)?
Every three years or as requested.
By request of the CP, NCP or by the request of the state.
Income information is gathered and the state guidelines are applied.
Modifications are pursued when amount of change meets the statutory threshold.
order)?
10% , if it has been 3 years since present order date; change in circumstances
and 15% , if it has been less than 3 years.
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
No
Material change in custody. Material changes in wealth or assets of the parties.
For a complete list, see UCA 78-45-7.2.
No
If child receives money on behalf of a disabled parent, credit is given.
Yes
Parent-time reduction (see K8.2). For prison only if a reduction provision was
included in the original support order.
Parent-time reduction: UCA 78-45-7.11 Support Follows the Child: UCA 78-45-4.4
No statute cite for prison abatement.
None.
Submit a written request on agency letterhead to the Department of Health,
Office of Vital Records and Statistics, PO Box 141012, Salt Lake City, UT
84114-1012 . The written request must include all identifying birth information,
a copy of the requestor s badge for identification purposes, and the $15.00 fee
payable to Utah Department of Health.
For enforcement the Child Support Enforcement Transmittal #1 Initial Request
and the registration Statement. For modification the Child Support Enforcement
Transmittal #1 Initial Request, Uniform Support Petition, General Testimony, and
the Registration Statement.
reported?

payment?

cover the lump sum?
payment?
Virginia
combination)?
21 Local IV-D offices
Office of the Attorney General and County or City Commonwealth Attorneys;
Virginia Employment Commission; Department of Motor Vehicles; Department of
Taxation; Department of Medical Assistance Services; Department of Corrections;
Department of Health; Electronic Parent Locator Network; Department of Accounts;
Virginia Courts and Department of Treasury
No
Not Applicable
Yes
The Virginia State Bar issued a Legal Ethics Opinion stating that attorneys for
the child support agency represent only the state agency.
B. UIFSA
Act (UIFSA)?
7/1/1994
7/1/1994
C. 20-88.32 to 20-88.82 of the Code of Virginia
For additional information: http://leg1.state.va.us/000/src.htm
version)?
2001
July 1, 2005
C. Reciprocity
Australia; Austria; Canadian Provinces (Alberta, British Columbia, Manitoba, New
Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Ontario,
Prince Edward Islands, Quebec, Saskatchewan, Yukon Territory); Czech Republic,
England and Wales; France; Hungary; Northern Ireland; Poland; Scotland; Sweden;
Germany and Zimbabwe
No
No
services.
D. Age of Majority
Age of majority is 18.
16.1-228 of the Code of Virginia
Support will continue for any child that is a full-time high school student, not
self-supporting, and living in the home of the parent, until the child reaches
the age of nineteen (19) or graduates from high school, whichever comes first.
Support terminates when the child turns 18 if the child is not in high school
No
emancipate?
No
Yes
Handicapped.
Yes
If the current support order is a per child order, we automatically reduce the
amount by the amount set for the child reaching the age of majority or other
wise emancipating. If the order is unilateral, we would not reduce the current
support amount.
support?
No statute of limitations
Age of majority of child (18)
No
possible.
F. Support Details
Income shares based on the combined gross income of both parents
Yes
conditions.
Statutory rate of 6% on amount unpaid after 30 days.
Yes
conditions.
01-Jul-73 30-Jun-81 8% 01-Jul-81 30-Jun-83 10% 01-Jul-83 30-Jun-87 12% 01-Jul-87
30-Jun-91 8% 01-Jul-91 30-Jun-04 9% 01-Jul-04 Present 6%
Yes
conditions.
Statutory rate 6%
medical bill?
Yes
We will only enforce a medical debt when a court has set a specific dollar
amount.
Yes
none
Costs are recovered from the obligor for genetic testing for paternity, IRS tax
intercept fee, and legal fees for enforcement
Yes
20-88.35 of the Code of Virginia
Yes
No, establishment and modification. Yes, will enforce when there is also a child
support order
No
withholding)?
Income Withholding
Public assistance payments, SSI, college work study, annuities to survivors of
federal judges, benefits for victims of crime, burial contracts, proceeds from
industrial sick benefits insurance, benefits from group life insurance policies,
and growing crops not severed
No
payments?
The employer may charge the NCP $5 for each reply or remittance sent to the
Division
By the next regular pay period following service of the order on the employer
employee's pay?
Payment shall be made at regular intervals consistent with the pay periods of
the obligor
Such employers are referred to the Attorney General's office for legal action
The employer is liable for the support amount if he fails to deduct and remit
the support as ordered
No
lines.
No
State lines.
State law allows it, but the Virginia Employment Commissions automated system
cannot process order from another state
The NCP has 10 calendar days from the date of service of the support order
containing the income withholding to appeal to the administrative hearing
officer
Wage withholding orders take priority over any other type of lien created by
state law against an employee's income, except the IRS. When an employer
receives more than one income withholding orders, the employer must prorate
among the orders based upon the current amounts due, with any remaing amounts
prorated amoung the ordrs for any arrearages to the extent that the amounts
withheld, when combined, do not exceed the maximum limits imposed by the CCPA.
assistance?
Yes
proceed.
No
termination?
The employer is required to send notice of termination immediately.
rehired?
There is no requirement for the employer to retain the IWO after termination of
the employee.
No
Yes. Both obligors and employers can make payments 24 hours a day/7days a week
through our secure web-based Virginia $4Kids at www.govone.co/vacs.
A direct income withholding can be sent to any employer in the Commonwealth of
Virginia. The Virginia Employment Commission will NOT accept direct withholdings
from other states.
Child support is ordered as the priority when there is insufficient income for
an employer to withhold both.
H. Paternity
No
98% or greater is conclusive
7/01/1988
No

Yes
The legal father may petition for ajudication of paternity if he can present
reasonable doubt that he is the biological father.
determined?
No
If the parents were not married at the time of the child's birth, the man listed
on the birth certificate must also have signed an Acknowledgement of Paternity.
No

No
Yes
None
No
Paternity Affidavit, teleconferencing, written documents
provisions.
20-88.35 of the Code of Virginia
Yes
If state request genetic testing recovery.
To get a father's name on the birth certificate, a sworn acknowledgement of
paternity of both parents or a final determination of paternity by a court of
competent jurisdiction is needed.
child?
A custodial parent and alleged father with multiple children can be included in
the same set of UIFSA documents with a seperate paternity affidavit for each
child.
support obligation?
Administrative with Judicial used as a back-up
Administrative is the states first preference
minor PF/NCP, incarcerated felons, after administrative process has been
exhausted
63.1-249 to 63.1-274.11 of the Code of Virginia
Combined monthly gross income of both parents' income is considered when
calculating the child support obligation
20-108.1 of the Code of Virginia contains 18 provisions that can be used for
rebuttal
Yes
receipt of public assistance
Financial information for the period being assessed
Yes
Virginia may not establish support for prior periods except for the repayment of
public assistance debt. No debt can be established when the public assistance
was paid before the putative father was determined to be the legal father or for
a period when the NCP received public assistance or SSI or had no verified
identifiable assets and was institutionalized, incarcerated or medically
verified to be totally and permanently disabled with no evidence of paying
support.
Yes, Virginia can use an administrative process for paternity establishment and
the establishment, modification, and enforcement of child support.
63.2-1903 of the Code of Virginia
subpoena?
Yes
No
expended?
No
No
Anytime that child support was specifically addressed in the original order even
if it was to reserve support, any change to that would require a modification.
both?
Administrative.
Administrative & judicial.
Arrears equal or exceed $500 or evidence that NCP owns real or personal
property.
Circuit Court where assets are located.
No

Yes
both?
Administrative.
When case established.
Yes
Yes
The state.
be sent?
On a case with a current support obligation, the NCP has child support arrears
in an amount greater than or equal to 90 days obligation; the arrears total at
least $500; and the NCP has not paid the full amount of current support for the
last three consecutive months. On an arrears only case, the NCP owes at least
$500 on arrears.
See above answer
Yes
90 days
No

No
No
State
action?
The obligor and/or account holders have 10 calendar days after service to
challenge the action.
action?
The obligor can file a "de novo" appeal to J&DR court within 10 calendar days of
receipt of the hearings officers decision.
The obligor/account holder can challenge the action based on a mistake of fact
or by claiming a legal exemption.
both?
Administrative
None
Judicial
10 days. No unique requirements. Non-debtor has same appeal rights as obligor.
IV-D agency has 21 days to notify the non-debtor that assests have been frozen.
The administrative hearings officer has 45 days to render a decision.
None
No
No
period?
Yes
The Financial Institution is instructed to send the assests immediately.

Yes
may have.
Income withholding, lottery intercept, orders to withhold and deliver, and
passport denial
have.
none
registration?
All. If administrative enforcement fails, Virginia will register the order for
enforcement with the court. DCSE will register the order for modification
Orders can be registered under UIFSA for either enforcement or modification and
enforcement
No additional judicial procedures required after registration. After
registration for enforcement and modification. Virginia can modify if Virginia
has jurisdiction to do so
(UEFJA)?
Yes
Chapter 17.1, Sections 8.01-465.1 to 8.01-465.5 of the Code of Virginia
No. Virginia law does not require financial institutions to accept these actions
directly from other states; however, most do.
Virginia will accept a Transmittal #3 but requires the basic Transmittal #1
information (names of all parties, copy of order, certified arrears
balance/payment history, FIDM match, financial institution and account
information). We will NOT pursue the funds unless there is a minimum balance of
$500.
Yes
information?
Innovis Data Solutions Equifax Infomation Service Center Trans Union Credit
Information Company Experian (TRW) Information Services
Administrative
state, or both?
Initiating
Debt of more than three months support or $500 on an arrears only case.
every three years)?
TANF cases are reviewed every 36 months from the date of the entry of the most
recent order. In addition reviews are done at the request of either party.
At the time of a written request or automatically every three (3) years in TANF
cases.
Either party in a IV-D case (including the TANF custodial parent) or a IV-D
agency may request a review of the child support obligation at any time. The
request must be in writing. Regardless of whether a review has been requested,
child support orders for active obligated TANF, IV-E, and Medicaid only cases
are reviewed every 36 months from the date of the entry of the most recent
order. Modifications may be either for an increase or decrease. Reviews can be
requested on child support cases with DCSE or the court. DCSE will initiate a
review of the amount of support ordered by any court or administrative agency.
If the child support order is court ordered and the order specifies that the
order deviated from the child support guidelines, DCSE petitions the court for a
hearing. If the order is a court order and the order does not specify that the
order deviates from the guidelines, DCSE asks the court to approve the Proposed
Modified Order
order)?
At the request of either party; at the request of another IV-D agency and there
is a difference between the existing child support obligation amount and the new
obligation amount is at least 10% of the existing obligation amount, and the
change in the monthly obligation is at least $25
apply, if any?

Yes
Yes
decreased.
No
has changed.
No
insurance.
Yes
Yes

No
Virginia adds SSA disability benefits paid for a child on account of, or in the
name of the NCP, as income to the NCP on the obligation calculation worksheet.
After the obligation is calculated, the benefit amount is subtracted from the
NCP's share of the support obligation.
No
Not applicable
Not applicable

Birth records can be obtained by the appropriate parties (father, mother, person
of record) from the Office of Vital Records & Health Statistics (OVR) at P. O.
Box 1000, Richmond, Virginia 23218 for a fee of $12. They can be reached at
(804) 662-6200. Acknowledgments of Paternity are sealed and can only be released
by OVR upon the Order of a court or upon a request from Virginia's Division of
Child Support Enforcement (DCSE). IV-D agencies may send a UIFSA request to
Virginia DCSE as follows: *Transmittal #3 (which must include the names, social
security numbers, and dates of births for the mother, father, and children). The
requesting state should choose selection #8 on the form and indicate the
information that is needed. These requests can be faxed to the attention of
Brenda Adkins at (804) 726-7482. Please note the following time frames for
return of information from OVR: *If OVR has only the Birth Certificate on file,
it will take OVR 2-3 weeks to process the request. *If OVR has the Birth
Certificate and the Acknowledgment of Paternity on file, it will take OVR 60-90
days to process the request.
To register an out of state order, Virginia requires a completed Transmittal #1,
two copies of the Order (one certified), a completed Registration Statement, and
a sworn statement of arrears.
No
No
No
reported?
payment?
No
cover the lump sum?
No
payment?
No
No
Virgin Islands
combination)?
Act (UIFSA)?

version)?
services.
emancipate?
support?
possible.
conditions.
conditions.
conditions.
medical bill?
withholding)?
payments?
employee's pay?

lines.

State lines.
assistance?

proceed.
termination?
rehired?
determined?
provisions.
child?

support obligation?

subpoena?
expended?
both?
both?

be sent?
action?
action?

both?
period?

may have.
have.

registration?

(UEFJA)?
information?
state, or both?
every three years)?
order)?

apply, if any?

decreased.
has changed.

insurance.

reported?
payment?

cover the lump sum?
payment?
Vermont
combination)?
State Administered/State Operated. See www.ocs.state.vt.us/ Statutes available
at www.leg.state.vt.us/statutes/titles.htm
5 regional offices.
Other agencies (SRS, Medicaid, etc.), Family Court.
Act (UIFSA)?
1/1/1998
1/1/1998
15B VSA 101 et. seq.
http://www.leg.state.vt.us/statutes/chapters.cfm?Title=15B
version)?

Vermont has no official agreements
No
services.

18
1 VSA 173
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=01&Chapter=003&Section
=00173
18 or the termination of secondary education, whichever is later.
Yes
Instruments executed prior to July 1971 used the age of 21 as the "age of
majority."
emancipate?
No
Has not been addressed by the VT Supreme Court. However, one magistrate ruled
that "marriage" of minor emancipated.
Yes
Only if stipulated by the parties.
support?
Cases with an order, but no adjudicated arrearage: an action to adjudicate
arrears must be taken within 6 years after the youngest child reaches 18 years
of age. Cases in which arrearages have been previously adjudicated: the limit is
8 years after the last adjudication.
21 years. No later than when the child reaches 21.
Yes
possible.
Enforcement actions in accordance with 15 VSA 606(c) and judgment liens in
accordance with 15 VSA 791(f). Statutes available at
www.leg.state.vt.us/statutes/titles.htm
F. Support Details
Shared income model. 15 VSA 650, 654, 656.
No
conditions.

No
conditions.

Yes
conditions.
As a matter of policy, OCS is not currently charging interest in TANF cases. In
Non-TANF cases, interest is charged only on amounts reduced to judgments.
medical bill?
Yes
If the obligation to reimburse is in the court order.
No
A $5.00 per month processing fee is charged in Non-IV-D cases only if payment is
made.
None with the exception of blood testing costs on a case by case basis.
Yes
Administrative fees, service cost, but not confinement costs.
15B VSA 201 12 VSA 913
=00913
Yes
OCS will enforce existing maintenance orders in UIFSA cases. Depending on the
circumstances of the parties, the family court may issue a spousal support
order.
No
Exception may be in a request to deviate from the guidelines.
withholding)?
Wage withholding.
Needs based income: TANF, SSI, VA benefits.
No
payments?
$5.00 per obligor, per month.
10 days or the next pay period, which ever is later.
employee's pay?
7 business days after withholding.
Enforcement action may be filed against the employer.
The employer may be liable for the amount that was not remitted.
No
lines.
Yes
State lines.

The obligor may appeal to the Family Court in a UIFSA case.
The employer is instructed to follow the statute (CCPA), and if available income
is less than the combined obligations, amounts are prorated.
assistance?
Yes
proceed.
Effective 07/01/1999, the employer may call 800-786-3214 for employer questions.
OCS can assist employers as per 33 VSA 4103(d).
=04103
termination?
rehired?
Yes
Parental rights and responsibilities are decided which may affect the type of
guideline calculation. In UIFSA responding cases, the answer is no.
98%
It is still a rebuttable presumption, but limited to challenges of mistake,
inadvertence, excusable neglect, newly discovered evidence and fraud.

Yes
Genetic testing.
determined?
No
Vermont statute does not consider the father's name on a birth certificate
presumptive.
Yes
Failure to submit to genetic testing as ordered without good cause and
probability that the alleged parent is the biological parent, if the genetic
test exceeds 98% percent.
No
No

No
Sometimes teleconferencing.
provisions.
15B VSA 201 12 VSA 913
=00913
No
child?

support obligation?
Judicial.

Both the income of the obligor and the obligee are considered.
Deviation criteria are set forth in 15 VSA 659. (Ten factors within the Court's
discretion)
Yes
From the date the obligor knew the child was the obligor's biological child and
upon showing that the obligee made diligent attempts to establish.
Notice to the obligor, written evidence the obligor had knowledge of the child,
evidence of the obligee's efforts to establish.
No
Retroactive support may be considered, but must be very factually specific. Must
have sufficient evidence that the father had knowledge of the child, and mother
made diligent effort to establish.
subpoena?
expended?
both?
Administrative.
Both.
Court Order is 30-days old with no appeal pending. Debts must be greater than
1/12th of annual obligation.
Town and/or City Clerks
Yes
$7.00 per page.
No
both?
State law allows judicial or administrative process to be used.
No
Yes
be sent?
No minimum delinquency amount. Support must be in excess of one-quarter of the
annual obligation. Checking accounts are exempted.
Statute is silent on issue.
action?
action?

both?
Administrative.
$500 per occurrence. Penalty will be passed to requesting IV-D agency.
20 days from receipt of notice. No unique requirements. Non-debtor has appeal
rights
Centralized.
None.
period?

Yes
Administrative
may have.
Administrative wage withholding, Administratively increasing the withholding in
order to collect arrearages. Issuing administrative garnishment orders.
have.
Civil remedies, trustee process, assets in escrow, contempt, work search.
No existing procedures in place, but we could do with certified copy of the
order, month by month account of payments, location of property (town, book, and
page number).
registration?
All administrative remedies.
In the event that administrative enforcement remedies are not available, a
Notice to Register is filed at the same time a motion for enforcement or a
transmittal #1 is filed with the tribunal. Contest to the registration is heard
before the judicial officer prior to the enforcement.
Contempt, seek work orders are possible.
(UEFJA)?
No
information?
state, or both?
every three years)?
TANF cases are reviewed every three years. Non-TANF cases are reviewed at any
time at the request of either party.
TANF cases are reviewed every three years. Non-TANF cases are reviewed at any
time at the request of either party.
Judicial procedure. Petitioner has burden to show real, substantial and
unanticipated change of circumstance.
order)?
A 10% or more change in the current support amount, three years without review,
receipt of unemployment, workers compensation or disability benefits
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes

No
Some orders contain provisions for cost of living increases.



reported?
payment?

cover the lump sum?
payment?
Washington
combination)?
10 Field Offices
35 local county prosecuting attorneys for representation in superior courts;
attorney general representation in counties not handled by local prosecutors.

No
N/A
No
N/A
B. UIFSA
Act (UIFSA)?
5/12/1993
7/1/1994
RCW 26.21A
For additional information: http://apps.leg.wa.gov/RCW/default.aspx?cite=26.21A
version)?
2001
1/1/07

CANADA: Alberta, British Columbia, Manitoba, New Brunswick,
Newfoundland/Labrador, Nova Scotia, Ontario, Northwest Territories, Nunavut
UNITED KINGDOM: England, Wales, Scotland, No. Ireland EUROPE: Austria, Czech
Republic, Germany, Hungary, Norway, Poland, Slovak Republic, OTHER: Australia,
Fiji, Guam
No
Yes
services.
Colville Confederated Tribes of Washington, Lower Elwha, The Tulalip Tribes,
Nisqually Tribe, Swinomish Resolution, Nez Pierce
D. Age of Majority
18
RCW 26.28.010
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.28.010
18, unless administrative order and child is full- time student expected to
graduate before age 19.
No
emancipate?
No
Unless the child goes to live in the NCP's household.
Yes
Court may extend support in special cases or order post-secondary support.
support?
10 years after emancipation of youngest child for orders entered after 7/22/89;
10 years after a payment becomes delinquent for orders entered before 7/23/89.
Age of majority of child. (18 years old)
No
possible.
Income shares.
No
conditions.

Yes
conditions.
Only if reduced to or included in judgement.
Yes
conditions.
Only if reduced to judgement.
medical bill?
Yes
Must be reduced to judgement.
No
Yes
Birth costs (non-assistance only) and genetic test costs, but not court costs.
RCW 4.28.185, 26.26.080, 26.21.075 (UIFSA)
Yes
Establish - no; Enforce - yes, if there is also a child support obligation;
modify - no.
Yes
withholding)?
Order/Notice to Wtihhold Income (OWI)
TANF, SSI, VA disability, work release earnings from state,federal work-study
grants, non-obligated spouse.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion74.20A.030
Yes
50% of disposable income.
payments?
$10 set up fee, $1 per-payment fee.
Immediately.
employee's pay?
Within 7 days.
Notice of noncompliance with administrative hearing rights.
Liability for the lesser of the amount that should have been withheld or the
total debt, also $100 fine.
No
lines.
No
State lines.

Conference board request.
Policy under development.
assistance?
Yes
proceed.
termination?
rehired?
Direct income withholding may be sent to any employer within the state,
including all state agencies other than Labor and Industries.
Employers to withhold up to maximum allowable by law, 50% of income after
mandatory deductions. The money received will be applied to child support first,
then to medical.
H. Paternity
Yes
Subject to court's jurisdiction.
98%
7/27/1997
Yes

Yes
Genetic testing,court order, filed paternity acknowledgement and presumed
fathers denial of paternity.
determined?
No
Does not create presumption of paternity by itself.
Yes
7 other presumptions in RCW 26.26.040 (Uniform Parentage Act)
No
Yes
None.
No
Written, other per UIFSA
provisions.
RCW 4.28.185
Yes
If requested.
A father's name may be placed on a birth certificate by use of the paternity
affidavit or by court order.
child?

support obligation?
Both
Administrative process - if no court order specifically establishes or relieves
parent of support obligation
Judicial process - anytime.
RCW 74.20A.055
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=74.20A.055
Any other household income.
See RCW 26.19.075 "Standards of Deviation from the Standard Calculation".
Yes
From date assistance paid or application for services filed with initiating
state.
Copy of assignment or application for services.
Yes
5 year limitation if paternity hasn't been established.
The administrative process is used to - establish child support and medical,
modify an administrative order, and to enforce an administrative or court order.
The administrative cannot be used to establish paternity.
RCW 74.20A and RCW 74.20
subpoena?
No
expended?
both?
N/A
Administrative. IV-D agencies may find the proper county and file directly using
Washington's Internet Lien Page.
Any arrearage $500 or more.
County
Yes
Fees none. Central Registry -$8 - 1st page filed in County + $1 additional page.
Yes
both?
Administrative. Vehicles, motorcycles, RVs, boats, airplanes only.
Administrative.
IV-D agency must send notice if order does not contain language that enforcement
action will be taken without further notice. Once notice is served, IV-D agency
may take any enforcement action without notice.
No
Yes
The state.
be sent?
Simultaneously.
No minimum delinquency amount. No specified number of months delinquent. Payment
plan accounts, trust accounts and tribal cases are exempted.
20 days.
action?
action?

both?
Administrative.
None.
20 days. No unique requirements. Non-debtor has appeal.
Not centralized. Semi-automated.
None.
period?

Yes
Administrative. Workers compensation, unemployment compensation, lottery prizes.
may have.
Any settlements or payments to NCP
have.

Please refer to the specific requirements outlined on our website at
http://www.dshs.wa.gov/dcs/interstate/
For additional information: http://www.dshs.wa.gov/dcs/interstate/
registration?
All.
Notice of registration sent to NCP with administrative hearing rights, all
enforcement methods available.
None required.
(UEFJA)?
Yes
RCW 6.36
No
Transmittal #1, name and address of the financial institution, name of the
custodial parent, verification of the debt, and payment history.
information?
state, or both?
every three years)?
Every 3 years.
Automatically in TANF cases, on request of CP or NCP in non TANF cases.
Existing orders compared to current child support guidelines.
order)?
$100 and 25%, $2400 over life of order.
apply, if any?

No
No
decreased.
No
has changed.
No
insurance.
No
Yes
Not established by statute or administrative rule.
No
SSA dependent benefits are credited dollar for dollar against the child support
obligation as of 7/1/1990.

case by case determination
There is none, it is based on case law.
All referrals for modification should be through UIFSA. Requests for review
should be accompanied by a copy of the support order and income information.
Birth Certificates - The Center for Health Statistics, PO Box 9709, Olympia, WA
98507-9709, the fee is $17. Paternity Affidavits - The Center for Health
Statistics, Attn: Ray Moffatt, Jr., PO Box 47814, Olympia, WA 98504-7814, the
fee is $32.
Transmittal #1, uniform support petition, general testimony, 2 copies of the
support order to be modified (one of which is certified), copies of all the
underlying orders, addresses for both parties, and income information.
No
N/A
No
N/A
No
reported?
N/A
N/A
When an employer discloses they will be paying a lump sum, the child support
agency asks for the distribution date and works within the parameters set by the
employer.
Employers do not "hold" lump sums or release them to the custodial parent. Time
frames for remitting the payments to the IVD agency apply when the child support
agency has issued with withholding notice.
payment?
Yes
cover the lump sum?
The withholding order is usually sent specifically to cover the lump sum.
Yes
payment?
Lien on the specific property, followed by an Order to Withhold and Deliver
Property and Accounts.
N/A

Washington has a state imposed 50% limit on withholding earnings. The definition
of earnings is broad enough to cover lump sum payments.
http://apps.leg.wa.gov/RCW/default.aspx?cite=74.20A.090
50%
No
The employer withholds according to the terms of the withholding order which
generally provides for a monthly withholding amount. See L7
Wisconsin
combination)?
71 local agencies
County Clerks of Court, Sheriff Departments, and Corporation Counsels, Tribes
Act (UIFSA)?
4/14/1994
4/30/1994
Wis. Stat. 769
For additional information: http://www.legis.state.wi.us/rsb/Statutes.html
version)?
1996

Australia, Austria, Bermuda, Canada: Provinces: Alberta, British Columbia,
Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Prince
Edward Island, Quebec, Saskatchewan, Yukon Territory, England and Wales (the
United Kingdom), Fiji Islands, Finland, France, Germany, Hungary, Northern
Ireland, Republic of Ireland (pending), Jamaica, Mariana Islands, Mexico (all
states except Durango, Mexico, Oaxaca, Sinalos), Netherlands, Pacific Islands,
Trust Territory of the Newfoundland and Labrador, New Zealand, Norway, Poland,
Portugal, Scotland, Sweden, Switzerland
No
Yes
services.
We have a service agreement with the Lac du Flambeau for the administration of a
IV-D program on tribal lands. We also have a service agreement with the
Menominee Nation for the administration of a IV-D program on tribal lands. We
have a Memorandum of Understanding with the Forest County Potawatomi. Other
tribes in Wisconsin will allow our local child support agencies to register
their orders with the tribe for purposes of income withholding from per-capita
payments.
D. Age of Majority
18
54.01(20)
Ss.767.511(1m)(4) and 767.89(3)(c) provide for support until age 18 unless the
child is still in high school or pursuing a course of education designed to lead
to a high school diploma or its equivalent, in which case support continues
until age 19.
No
Child support is not a vested right until the child reaches the age of majority.
Therefore, if the age of majority changed during the term of an order, it would
change for purposes of the order as well.
emancipate?
No
No
support?
The statute of limitations is 20 years after the child/ren reach the age of
majority
Statute of limitations for paternity judgment is age 19, but there is no limit
on filing a voluntary paternity acknowledgment.
Yes
possible.
If a paternity action is dismissed with prejudice it is a dismissal on the
merits and cannot be recommenced. An action dismissed without prejudice,
however, can be recommenced.
F. Support Details
Percentage of Income Standard
Yes
conditions.
1% per month charged on all arrearages greater than one month's worth of
support. If a person misses the court-ordered periodic payment on retroactive
support, the missed payments are charged interest.
Yes
conditions.
Yes
conditions.
medical bill?
Yes
Wisconsin requires a medical order for a fixed dollar amount.
Yes

Obligor: $35 annual fee for receipt and disbursement Either obligee or obligor,
by court order: genetic tests, court filing fees, vital records fee. Either who
requests FPLS locate-only $20.
Yes
Blood test fees
Our long arm statute is Wis. Stat.769.201
Yes
Wisconsin does not establish or modify spousal maintenance orders: Wisconsin
will enforce per 45 CFR § 302.31.
No
withholding)?
Income Withholding.
Veteran's disability benefits, Supplemental Security Income benefits, and Public
Assistance payments
No
payments?
Actual cost of withholding but not to exceed $3.00 per withholding.
Must implement income withholding with the first payment made to the NCP that
occurs more than seven work days (next pay day) after receiving a withholding
notice.
employee's pay?
Within 5 days after withholding monies from wages.
Employer Contempt of Court.
Required to forfeit not less than $50. If it exceeds $50, then equal to 1% of
the amount not withheld or sent.
Yes
lines.
Yes
State lines.

NCP can request a hearing within 10 business days of the date the agency mailed
the notice. A hearing must be held within 10 business days of receiving the
request.
Prorate the amounts based on the relative size of the withholding amounts on the
notices.
assistance?
Yes
proceed.
No
termination?
Yes
rehired?
No
Not at this time
Yes - Employers, Unemployment Insurance, Worker's Compensation
Current monthly obligation for child support paid first, then medical support.
H. Paternity
Yes
Wis. Stat. 767.89(3)(b) requires legal custody and physical placement be
included in the order.
99%
5/1/1998
Yes

Yes
Marriage creates a rebuttable presumption. Rebutted by appointment of a GAL and
genetic tests excluding the husband OR by genetic tests showing 99% probability
that another man is the father, even without locating the husband.
determined?
Yes
Yes
Legitimization (marriage after birth of child.)
Yes
Potential fathers data are recorded in the statewide system and reported to the
FCR
Yes
Fees are never waived.
No
Depositions, interrogatories, and electronic testimony are all appropriate.
provisions.
Wis. Stat. 769.201
Yes
We recover genetic test costs for other states.
child?
Wisconsin requires a separate package for each child in paternity establishment
cases.
support obligation?
Judicial.

CP's only when setting support in shared placement cases
767.511(1m) (16 Factors) The financial resources of the child. The financial
resources of both parents. Maintenance received by either party. The needs of
each party in order to support himself or herself at a level equal to or greater
than that established under 42 USC 9902 (2). The needs of any person, other than
the child, whom either party is legally obligated to support. If the parties
were married, the standard of living the child would have enjoyed had the
marriage not ended in annulment, divorce or legal separation. The desirability
that the custodian remain in the home as a full-time parent. The cost of day
care if the custodian works outside the home, or the value of custodial services
performed by the custodian if the custodian remains in the home. The award of
substantial periods of physical placement to both parents. Extraordinary travel
expenses incurred in exercising the right to periods of physical placement under
s. 767.41. The physical, mental and emotional health needs of the child,
including any costs for health insurance as provided for under 767.513. The
child's educational needs. The tax consequences to each party. The best
interests of the child. The earning capacity of each parent, based on each
parent's education, training and work experience and the availability of work in
or near the parent's community. Any other factors which the court in each case
determines are relevant.
Yes
Birth of Child
Date of child's birth.
No
Liability for Past Support SS. 767.89(4) and 767.805(4m) are amended to provide
that liability for past support in paternity actions and actions based upon
paternity acknowledgments is limited to the period after the day on which the
paternity action is filed unless a party shows that he or she was induced to
delay filing the action by any of the following: 1. Duress or threats 2.
Actions, promises or representations by the other party upon which the party
relied. 3. Actions taken by the other party to evade paternity proceedings. 4.
That after the inducement to delay ceased to operate, he or she did not
unreasonably delay in commencing the action. The provisions related to liability
for past support in marital actions under s. 767.511(5) continue to provide for
support back to the date of birth.
subpoena?
No
expended?
No
No
Request for modification
both?
Administrative procedures.
Administrative.
Lien arrearage debts equals or is greater than $500 or one months support,
whichever is greater. Lien arrearage debt does not include interest, fees or
costs. The obligor can not have a bankruptcy action pending and all obligors on
the lien docket must have a SSN and all due-process timelines must have expired.
County Registry of Deeds State Department of Transportation. Liens attach to all
real and personal property, not to a specific piece of property. Vehicle liens
are effective only if the lien is printed on the title. Other states must
initiate an interstate case if they want to place a lien in Wisconsin.
No

No
both?
No. Wisconsin Statute 49.854 (6) allows for it, but Wisconsin is not actively
seizing real or personal property administratively at this time.
Administrative.
When case is established and becomes delinquent.
No
Yes
The State
be sent?
Obligor and joint account holder notice must be sent 1 day after the notice of
levy to the financial institution is sent.
The court case lien must be fully enforceable, the court case lien amount must
equal 300% of the monthly amount due and be at least $1000, There can be no
Alternative Payment Plan in effect, there can be no account seizure bar on the
court case and there can be no bankruptcy recorded.
$1000 and 300% of the monthly amount due
None.
No
$500 must remain in account and is not eligible for seizure. .
No
$500 must remain in joint account. The balance is available on a pro-rata share.
Greater than $500.
Financial Institution
action?
Payer has 10 business day (measured as 16 calendar days) to request in writing,
an alternative payment plan. Payer has 20 business days (measured as 35 calendar
days) to request a hearing. A joint account holder has 20 business days from the
date of the notice to request a hearing to establishe the value of ownership in
the account.
action?
N/A
Mistake of fact - limited to an error in the court case lien amount or identity
of the payer. Joint account holder can request a hearing to establish the value
of ownership in the account.
both?
Judicial.
Wisconsin Statute 49.854 (14) states that the department must return the
property seized and/or money from sale. This section does not prevent the person
from seeking damages under other state provisions.
See above
Combination. Selection of accounts for seizure will not be centralized. Issuance
of levy notices to financial institutions will be centralized. Not automated.
A payer has ten business days from the date of notice to request a meeting with
the child support agency in order to negotiate an alternative payment plan. An
alternative payment plan will stop the account seizure.
Yes
Amount in account must be greater than $500
No
period?
Yes
Immediately upon notice by the CSA. The CSA has the responsibility to track due
process timelines.

Yes
Administrative procedures for withholding from worker's compensation and
unemployment compensation, and for intercepting state vendor payments.
may have.
Administrative subpoenas and denial of grants and loans, i.e., grants and loans
for higher education and lump sum pension intercepts.
have.
Contempt, warrants, bonds, criminal nonsupport, Children First (a court-ordered
work program)
In there is no interstate case, another state may submit the request to place a
lien on a property in Wiscsonsin to the county Register of Deeds.
registration?
Direct income withholding and administrative subpoenas.
The registration and enforcement procedures are consistent with UIFSA.
There are no additional procedures required to enforce a support order.
(UEFJA)?
Yes
Section 806.24, Wis. Stats.
No. Other state can attempt long-arm. If it doesn't work, the other state must
go through the Wisconsin Central Registry.
Yes
information?
TransUnion, TriMerge
Administrative
state, or both?
In interstate cases where Wisconsin is the responding state, the lien is
reported to credit bureaus. In cases where Wisconsin is the initiating state,
the responding state is responsible.
Once a payer receives the Notice of Lien and Credit Bureau Reporting, the payer
has 20 business days to contest the amount of the lien to their local csa. If
the payer does not contest, they are reported to the credit bureau at the end of
the month when the lien becomes fully enforceabe. If an error is alleged by the
payer within the timeframe, the worker follows the steps and timelines in Lien
Docket Due Process.
every three years)?
3 years upon request by either parent. Less than 3 yrs. and the requesting
parent demonstrates substantial change in circumstance. In aid cases the agency
may request a review without parents request, if the agency determines a review
is needed and appropriate
3 years upon request by either parent. Less than 3 yrs. and the requesting
parent demonstrates substantial change in circumstance. In aid cases the agency
may request a review without parents request, if the agency determines a review
is needed and appropriate
Wis. Stats. 767.59, 769.611, 769.613.
order)?
15% and at least $50 difference monthly.
apply, if any?

Yes
No
decreased.
No
has changed.
No
insurance.
No
No
Substantial change in physical placement and other factors that the court
determines relevant.
No
No



No

reported?
payment?

cover the lump sum?
payment?

West Virginia
combination)?
State Administered / State Operated
54
Genetic Testing Laboratory; State Disbursement Unit; operation of full service
IV-D offices in two Counties; Bureau of Employment Programs; DMV; Lottery
Commission; Workers' Compensation; Financial Institutions; Dept. of Corrections;
Tax and Revenue

Yes
WV Code 48-18-110, 48-19-101 to -105
No
Act (UIFSA)?
1997
01/01/1998
WV Code 48-16-101 to -903
http://www.legis.state.wv.us/WVCODE/48/masterfrmFrm.htm
version)?
The 2001 version.
01-01-2002
Include a certified copy of the child(ren)'s birth certificate(s) and/or
paternity affidavits with the UIFSA Packet.
C. Reciprocity
No agreements.
No
No
services.

18 years.
WV Code 2-3-1
18 years
No
emancipate?
No
Occurs automaticically upon marriage. (WV Code 49-7-27)
Yes
Courts may order for 18 and 19 year olds as long as the child remains in
caretaker's household while enrolled in secondary school and is making
substantial progress toward a diploma. In some situations, child support may be
extended if the child is handicapped. (WV Code 48-11-103)
No
If the order specifies a monthly amount per child, the order is reduced by the
amount owed for the emancipated child.
support?
10 years (WV code 38-3-18)
Child's 18th birthday. Child may bring an action in his/her own right after the
child's 18th birthday, but prior to the 21st birthday. (WV code 48-24-101)
No
possible.
Dormancy revival is not possible. However, issuance of a writ of execution
before the statute of limitations runs out will renew a judgment for another 10
years. There is no limit upon the number of renewals.
F. Support Details
Income Shares
Yes
conditions.
10% per annum simple interest. Other rates applied prior to July 1995. (WV Code
48-1-302; WV Code 56-6-31)
Yes
conditions.
1) No pre-judgment interest is charged. 2) Once the retroactive support becomes
a judgment, 10% simple interest is charged from the date of the order forward.
Yes
conditions.
10% Simple
medical bill?
Yes
If the obligor's amount is reduced to a judgment.
No
No
WV Code 48-16-201
Yes
WV will only enforce an existing order.
No
withholding)?
Income Withholding
TANF benefits, SSI, VA Disability
Yes
WV Code 48-14-408 reduces the CCPA limits by 10% each, i.e., to 40% - 55%. Also,
in a case with current support, the arrearage collection cannot be more than 25%
of the current support amount. The 25% limit can be increased by $100 per month
if the obligor owes an arrearage at least equal to 6 months support (WV Code
48-14-408; WV Code 48-14-801)
payments?
The employer is entitled to deduct a fee of $1 for each withholding. (WV Code
48-14-406)
No later than the 1st pay period or first date for payment of income that occurs
after 14 days following the date the notice to the source of income was mailed.
(WV Code 48-14-407 and WV Code 48-14-409)
employee's pay?
Same day as employee is paid. (WV Code 48-14-407)
Provides misdemeanor with fine up to $100 or civil suit for damages. (WV Code
48-14-415; WV Code 48-14-414)
Same as G-7. Also, criminal prosecution for theft.
No
lines.
No
State lines.

The Obligor may contest the income withholding, in writing, to the BCSE and an
administrative review will be scheduled. If the issues cannot be resolved at the
administrative review, the obligor may petition the court for a resolution. (WV
Code 48-14-405)
The employer should withhold the amount requested in each of the withholdings,
if possible. However, if the obligor's income is not enough to pay the full
amount, the employer should withhold up to the CCPA limit. Current support is
paid proportionately between all the obligor's cases. Current support is paid
first on all cases before any money is distributed to arrearages. Arrearages
paid are divided evenly between all cases. (WV Code 48-14-408). The employer may
call the WV Employer Relations Unit hotline at 800-835-4683 for clarification.
assistance?
Yes
proceed.
WV Code 48-14-408
Disposable income means that part remaining after the deduction of any amounts
required by law to be withheld. (WV Code 48-1-223)
termination?
The source of income is required to notify the BCSE promptly when the obligor
terminates employment or otherwise ceases receiving income from the source of
income. (WV Code 48-14-412)
rehired?
WV law does not provide a time limit.
No.
Yes. Payments can be paid by credit card or electronic check using a website or
by telephone.
Yes - to employers and financial institutions. No - to Workers' Compensation.
The current month's cash child support shall receive priority and be deducted in
full prior to any deduction for payment of either current medical support or
health insurance premium.
H. Paternity
No
Not in most circumstances. The Family Court Judge may address custody and
visitation; however, the BCSE does not litigate nor participate in custody and
visitation issues.
98% (WV Code 48-24-103)
WVC 48-24-106, WVC 16-5-10 are the statutes concerning paternity
acknowledgments. Paternity affidavits are conclusive after the recission period
expires. The affidavit may be rescinded within the earlier of 60 days from the
date of execution or the date of an administrative or judicial proceeding
relating to the child in which the signatory is a party. After the recission
period ends, the affidavit can only be challenged on the grounds of fraud,
duress, or material mistake of fact, upon a finding of clear and convincing
evidence by a court of competent jurisdiction.
06/1989
No
No formal acknowledgment process existed before that date.
Yes
WV Code 16-5-10(f) If the mother was married at the time of either conception or
birth of the child, the name of the husband is entered on the certificate as the
father of the child, unless: (1) Paternity has been determined otherwise by a
court; or (2) Genetic testing shows there is more than a 98% probability that
the alleged father is the biological father of the child; or (3) The mother, her
husband, and an alleged father acknowledge that the husband is not the
biological father and that the alleged father is the biological father:
Provided, That the following conditions are met: (A) The mother executes an
affidavit attesting that her husband is not the father and that another man is
the biological father; and (B) The man named as the alleged biological father
executes an affidavit attesting that he is the biological father; and (C) The
husband executes an affidavit attesting that he is not the biological father;
and (D) each signature must be individually notarized. (4) If the affidavits are
executed or genetic tests verify that the alleged father is the biological
father, then he is shown as the father on the birth certificate. (5) Paternity
may be established this way only when the husband's name is not on the child's
registered and filed birth certificate and the affidavits or genetic tests are
completed and submitted to DVS within one year of the child's birth. (WV Code
16-5-10(f))
determined?
Yes

No

No
Yes
According to the WV Division of Vital Statistics, fees may be waived on a
case-by-case basis only.
No
UIFSA General Testimony, telephone. (WV Code 48-16-316)
provisions.
WV Code 48-16-201.
No
Certified copy of the court order or a copy of the acknowledgement of paternity
affidavit; Abstract of Judgment of Paternity.
01/01/1979
child?
One set of documents for all of the children with the same alleged father.
support obligation?
Judicial.

The custodial parent's income.
(1) Special needs of the child or support obligor, including, but not limited
to, the special needs of a minor or adult child who is physically or mentally
disabled; (2) Educational expenses for the child or parent (i.e., those incurred
for private, parochial or trade schools, other secondary schools, or post
secondary education where there is tuition or costs beyond state and local tax
contributions); (3) Families with more than 6 children; (4) Long distance
visitation costs; (5) The child resides with a third party; (6) The needs of
another child or children to whom the obligor owes a duty of support; (7) The
extent to which the obligor's income depends on nonrecurring or nonguaranteed
income; or (8) Whether the total of alimony, child support and child care costs
subtracted from the obligor's income reduces that income to less than the
federal poverty level and conversely, whether deviation from child support
guidelines will reduce the income of the child's household to less than the
federal poverty level. (WVC 48-13-702)
Yes
In paternity cases, the BCSE can go back 3 years unless it can be proven that
(1) the alleged father had actual knowledge that he was the father of the child;
(2) the alleged father deliberately concealed his whereabouts to evade process;
(3) the alleged father deliberately misrepresented relevant information. If any
one of these is present, the BCSE can go back to the birth of the child. (WV
Code 48-24-104) In non-paternity cases, support is retroactive to the birth of
the child or separation of the parents.
Income documentation and voluntary payment history for periods for which
reimbursement is sought.
No
See answer to I4.1
This State does not have an administrative process for establishment or
modification of support. However, paternity can be established by both the man
and woman signing an acknowledgement of paternity, and various administrative
enforcement remedies are available, such as income withholding, state and
Federal tax offset, etc.
WV Code 16-5-10, 48-24-106, 48-14-201 to 418, 48-14-801, 48-18-117, 118, and 119
subpoena?
Yes. (WV Code 48-18-123)
No
expended?
No
No
Modification
both?
Administrative
Both
Personal property - 14 days delinquent, whole or partial payments. Real property
- 30 days in arrears.
Liens are filed in the County Clerk's Office where the property is located or
might be located.
No

Yes
both?
Judical
Both
Not required
No
Yes
State
be sent?
Concurrent. The NCP is sent the notice at the same time the freeze and seize is
sent to the financial institution.
The State has no minimum delinquency amount; however, the arrears must equal one
month's support.
Arears must equal one month's support.
Yes
30 days
No

No
No
N/A
action?
Prior to disbursement.
action?
N/A
Wrong person, no ownereship rights at present, debt not owed, account contains
SSI funds.
both?
Both
Return of improperly seized funds.
N/A
The standard appeal time frame is 30 days.
Centralized
No
No
No
period?
No. May be held or delivered to court or child support agency.
Must answer or deliver within 20 days.

Yes
Both
may have.
have.
Contempt, criminal remedies.

registration?
Income Withholding; purely administrative remedies.
WVC 48-16-602 is consistent with Section 602 of UIFSA. When a request for
registration is received by the BCSE from another state, it is forwarded to the
appropriate Clerk of the Court who causes the order to be filed as a foreign
judgment. A petition or comparable pleading seeking a remedy may be filed at the
same time as the request for registration or later. The pleading must specify
the grounds for the remedy sought. The registered order may be enforced in the
same manner as an order issued in this state.
None
(UEFJA)?
Yes
Foreign Judgments Act is found in WV Code 55-14-1 et seq.
No
AEI has been set up with some states. If the order is a WV order, a Transmittal
#3 can be used. If the order is not a WV order, a Transmittal #1 is required
along with all the documents for registration of the order.
Yes
information?
Equifax and Innovis
Administrative
state, or both?
Both
The obligor must owe an arrearage of at least $1000 which has been due for at
least 2 months.
every three years)?
Every 3 years
At the request of either party in all cases. Upon our own initative in TANF
cases.
Gather information, check for difference from existing order, and file judicial
action.
order)?
A 15% variance from the present order amount.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
Yes
None
No
For establishment or modification of support, the total amount of the SSA paid
to the obligor, the obligee and the obligor's children is counted as income to
the obligor. To arrive at the final child support amount, the amount of the SSA
sent directly to the children's household is subtracted from the child support
order amount. If this results in a negative amount, support is set at zero. For
current support, the court may allow the child's portion of the SSA to be in
lieu of the child support obligation. For past-due support, the court may give
credit for previous periods. (WV Code 48-13-603)
No

Contact the IPACT coordinator at the BCSE - telephone 304-558-3910; or
individual requests can be made; on-line search and copies ordered from the
Division of Vital Statistics, 350 Capitol Street, Room 165, Charleston, WV
25301; telephone 304-558-2931; cost $10.00.
1. A Transmittal #1 and Registration Statement; 2. Two copies (including one
certified copy) of the order to be registered, including any modifications of
the order; 3. A statement of the arrearage amount; 4. If known, the obligor's
address and social security number; 5. The name and address of the obligor's
employer and any other source of income of the obligor; and 6. A description and
location of property of the obligor in the responding state.
No
No
No
reported?
N/A
N/A
N/A
payment?
Yes
cover the lump sum?
Specifically to cover the lump sum.
Yes
payment?
Suggestion
None
Yes
Collections are limited for any "earnings" which includes wages, salary,
commissions, bonuses and periodic payments from a retirement program. (WV Code
48-1-223) Limits: 1) WV's limits are 10% lower than the Federal CCPA limits,
i.e., 40% to 55%; 2) Current support plus 25% of the current support, if less
than the CCPA limit. (WV Code 48-14-408)
If the income is not "earnings," the limitations in L10.1 are not applicable.
Therefore, the employer should withhold 100% of the lump sum.
Yes
Yes
Wyoming
combination)?
State Administered/Combination of private vendor and county government operated.
23 counties make up 9 Judicial Districts, 15 Judicial District Child Support
Offices.
Clerks of District Court, Department of Health, Department of Employment,
Judicial District Child Support offices.
No
No
Act (UIFSA)?
02/24/1995
07/01/1995
W.S. 20-4-139 through 197.
For additional information: http://legisweb.state.wy.us/titles/statutes.htm
version)?
The State of Wyoming passed the 2001 Amendments to the model UIFSA law during
the 2005 General Session of the 58th Legislature.
Enactment Date 02/24/2005 Effective Date 07/01/2005
C. Reciprocity
The State of Wyoming does not have any agreements with any foreign countries but
we will accept UIFSA requests and locates.
No
Yes
services.
Northern Arapahoe Tribe on the Wind River Indian Reservation for establishment
of paternity and establishment of child support/medical orders.
D. Age of Majority
18 years of age, unless otherwise self supporting, legally married or active in
the armed services. A child under the age of 18 may petition the court for a
Declaration of Emancipation.
W.S. 14-1-101 and 14-1-201 through 14-2-206.
18 years of age, unless otherwise emancipated.
No
emancipate?
No
Yes
Support continues if the child is still in high school and a full-time student
past the age of 18 up to the age of 21.
No
support?
None.
No limitation for a child having no presumed, acknowledged or adjudicated
father. Limitation for a child with a presumed father is 5 years after child's
birth.
Yes
possible.
Judgments become dormant at 5 years, if no execution on the judgment, but law
allows a judgment to be acted on within 21 years after dormancy for a total of
26 years.
F. Support Details
Percentage of income of both parties.
Yes
conditions.
Some judges put interest in the support order and some don't. There may be a 10%
penalty on current missed obligation payments. 10% interest may be charged on
amount reduced to judgment.
Yes
conditions.
10% interest may be charged on amount reduced to judgment.
Yes
conditions.
10% interest may be charged on amount reduced to judgment.
medical bill?
Yes
If the non custodial parent is ordered to pay 50% of the portion not covered by
insurance and fails to do so, Wyoming obtains a judgment for that amount in
favor of the custodial parent.
Yes
None
Genetic Test Costs, Attorney Costs, Court Costs
Yes
W.S. 20-4-142
Yes
Only if entered in conjunction with a child support obligation.
No
withholding)?
Income Withholding, Wage Withholding.
Pell grants, SSI benefits, Welfare benefits.
http://legisweb.state.wy.us/statutes/titles/Title20/T20CH6AR2.htm
Yes
Not less than 35% nor more than 65% of gross income after deducting federal
taxes. Wyoming follows 15 U.S.C. 1673.
payments?
Not more than $5 for each withholding payment.
First pay period following service.
employee's pay?
7 days after the employee is paid.
Employers are statutorily required to comply with instructions contained in the
Notice/Order to Withhold Income. Penalties may be assessed to employers who
don't comply with instructions in the Income Withholding Order.
Liable for any amount up to the total amount that should have been withheld.
No
lines.
A completed transmittal #1 packet should be sent to the Wyoming Central Registry
Yes
State lines.

Obligor files a petition through the district court based on wrong identity or
incorrect arrearage amount.
Wyoming pro rates distribution across cases based upon a ratio of income
withheld to amount of current support obligation.
assistance?
Yes
proceed.
http://legisweb.state.wy.us/statutes/titles/Title20/T20CH6AR2.htmhtm
Personal income taxes, social security and Medicare deductions, cost of
dependent health care coverage for all dependent children and mandatory pension
deductions.
termination?
Within thirty (30) days after the obligor's employment terminates or the obligor
ceases to receive income from the payor the payor shall give written notice
thereof to the clerk. The notice shall include the following information: (i)
When the obligor ceased to receive income from the payor or when the obligor
left his employment; (ii) The last known address of the obligor; (iii) The name
and address of the obligor's new payor if known.
rehired?
Until further notice from the Clerk of District Court through a suspension
notice or termination notice.
No
No.
Employer and Worker's Compensation.
Child Support first, then Medical Support.
H. Paternity
No
99%
Effective July 1, 2003, a valid acknowledgement of paternity filed with the
State Office of Vital Records, is equivalent to an adjudication of Paternity.
07/01/1995
Yes

Yes
By an adjudication.
determined?
No
Paternity is only conclusive through adjudication or acknowledgment.
No

Yes
Wyoming Putative Father Registry.
Yes
None.
No
Teleconferencing.
provisions.
Wyoming Statute 14-2-804 and 20-4-142.
Yes
The initiating state would be responsible to set up and schedule the genetic
testing and pay for it and the State of Wyoming will get a judgment for the
testing costs on behalf of the initiating state.
No. A father's name can be placed on the birth certificate without an
acknowledgment of paternity.
child?
One set of documents with a paternity affidavit for each child is sufficient.
support obligation?
Judicial Process.

Custodial parent's income.
The presumptive child support amount is unjust or inappropriate for a particular
situation.
Yes
Date of birth of the child
The petition, financial affidavit and guideline calculation.
Yes
Retroactive support is not allowed if the child is emancipated. Prior support is
limited to the ability to pay.
Wyoming does not use Administrative Process.
subpoena?
No.
No.
expended?
No.
No.
An Establishment Action.
both?
Wyoming does not have a State Income Tax.
Judicial
Arrearage equal to 3 times monthly support obligation.
Clerk of the County court.
No
Yes
both?
Judicial
Judicial.
Annually.
No
Yes
The state.
be sent?
Notice to the NCP must be sent within 5 business days.
Yes.
No

No
No.
action?
The obligor has 20 business days from the date of the notice to contact the
child support office.
action?
N/A
Mistake of fact or wrong person.
both?
Administrative.
None.
None.
Not centralized. Partially automated. The system identifies and tracks cases.
The worker verifies information, generates the documents and takes seizure
actions.
None.
No
No
period?
Yes.
No specific time frame.

Yes
Judicial process.
may have.
None.
have.
Income Withholding, License Suspension/Revocation, Freeze and Seize.
N/A
registration?
Income Withholding, Freeze and Seize.
Notice to both parties and a hearing.
N/A
(UEFJA)?
Yes
Wyoming Statute 1-17-701 et. seq.
No.
Transmittal #3 requesting limited services action.
Yes
information?
Experian.
Administrative.
state, or both?
Initiating State only.
At least $1000.00 delinquent.
every three years)?
Every 36 months.
Upon request of the CP or NCP in Non TANF cases and automatically in TANF cases.
Both parties complete financial affidavits. Judicial process.
order)?
20% change in support amount.
apply, if any?

Yes
Yes
decreased.
Yes
has changed.
No
insurance.
Yes
No

No
Only if the Court Order designates SSA Disability as the child support
obligation.
Yes
Child support shall abate by one-half (1/2) of the daily support obligation for
each day the noncustodial parent has physical custody of the child for whom
support is due, provided that the noncustodial parent has custody of the child
for fifteen (15) or more consecutive days.
W.S. 20-2-305
http://legisweb.state.wy.us/statutes/titles/Title20/T20CH2AR3.htm
Pay Records, Birth Certificate of child(ren), Public Assistance Records,
Certified Court Orders
Bureau of Vital Records 2300 Capital Avenue. Hathaway Building First Floor
Cheyenne, WY 82002 307-777-7591
Interstate UIFSA Packet, Pay Record, Certified Court Orders
No
Yes
W.S. 20-6-202
Yes
reported?
There is no threshold.
Language contained in the Order/Notice to Withhold Income.
payment?
Yes
cover the lump sum?
On the original notice.
No
payment?
Writ of Garnishment.
No
Not less than 35% nor more than 65% of net income.
Yes
Yes.

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A.

A4.1. If so, what is the statutory citation?

A4.3. If so, please explain.

K5.1. The earnings of the obligor have substantially increased or decreased.

K8.4. Please provide information to obtain copies of paternity

K9. What information is required to register an out-of-state order for

L1. Does your state define a lump sum payment?

A4.1. If so, what is the statutory citation?

A4.3. If so, please explain.

B5. Optional comments regarding your State's UIFSA Act.

C1. With what foreign countries does your State reciprocate?

C1.2. If yes, please explain.

D7.1. If yes, please describe the procedure.

F6.2. What costs are recovered from/fees charged to the obligor?

H5. Does marriage constitute a rebuttable presumption of paternity?

I1. Does your State use an administrative or a judicial process to establish a

I1.3. If your State uses an administrative process, provide the statutory

J5.4.1. If yes, please provide the percentage.

J5.4.2 . Is the percentage different for joint accounts?

J5.4.3. If yes, please provide the amount.

J5.10. Is your State's complaint review process judicial, administrative or

J5.16.1. If yes, what is the amount?

J5.19.1 . If yes, please define.

J6. Does your state withhold state funds or benefits?

K5.1. The earnings of the obligor have substantially increased or decreased.

K6. Does your State have cost of living adjustments (COLAs)?

K8.1. If so, please explain the situation?

K8.2. What is the statutory cite for your abatement law?

K8.4. Please provide information to obtain copies of paternity

K9. What information is required to register an out-of-state order for

L1. Does your state define a lump sum payment?

L1.2 Provide the statutory citation.

L4. How are employers instructed to report a pending lump sum?

L7.1 If yes, is it noted on the original order or is it sent specifically to

L10.1 If yes, what are those limits?

L10.2 If no, what percentage is the employer required to withhold?

J5.4.3. If yes, please provide the amount.

liens against insurance company assets.

K5.1. The earnings of the obligor have substantially increased or decreased.

F6.2. What costs are recovered from/fees charged to the obligor?

G11. How does an obligor contest income withholding in your State?

H5. Does marriage constitute a rebuttable presumption of paternity?

H8. Does your State have a putative fathers' registry?

H10. Is common law marriage recognized in your State?

I1.2. Under what circumstances would the judicial process be used?

I1.3. If your State uses an administrative process, provide the statutory

amount is awarded based on the discretion of the court.

J5.4.2 . Is the percentage different for joint accounts?

J5.10. Is your State's complaint review process judicial, administrative or

J9. If your state has established specific procedures for registering

K5.1. The earnings of the obligor have substantially increased or decreased.

K8.2. What is the statutory cite for your abatement law?

L4. How are employers instructed to report a pending lump sum?

L10.2 If no, what percentage is the employer required to withhold?

C1. With what foreign countries does your State reciprocate?

D7.1. If yes, please describe the procedure.

I1. Does your State use an administrative or a judicial process to establish a

I1.2. Under what circumstances would the judicial process be used?

I1.3. If your State uses an administrative process, provide the statutory

J5.4.1. If yes, please provide the percentage.

J5.4.2 . Is the percentage different for joint accounts?

J5.4.3. If yes, please provide the amount.

J5.10. Is your State's complaint review process judicial, administrative or

J5.16.1. If yes, what is the amount?