CHILD SUPPORT ENFORCEMENT ADMINISTRATION
CENTRAL OFFICE:
1400 West Washington, Room 216
Phoenix, Arizona 85007
Site Code: 966C
Phone: 255-3465
*TUCSON OFFICE:
100 East Alameda
Tucson, Arizona 85705
Site Code: 207C
Phone: 628-5071
*Services Pima County only.
• CONTENTS
BACKGROUND INFORMATION .••......•...•....•••..•.•.......•........• 1
• Why Child Support Enforcement •...••.......•...•....•....•.• 2
• What Steps Did Congress Take To Correct This Situation ..••. 3
• What Are The Characteristics Of The Federal Child
Support Enforcement Program •......••.......•.•.......•.• 5
THE ARIZONA CHILD SUPPORT ENFORCEMENT PROGRAM •...•...........•... 6
• What About The Child Support Enforcement Program In
Arizona 7
• How Is The Program Financed .••.•.....•...•..••.•.•.•..•••.• 8
• How Does A Person Apply For IV-D Services •..•..••...••...•• 9
• Does An Applicant Have To Pay Any Fees For IV-D Services •.. 10
THE CSEA ORGANIZATION AND TERMS .......•.•......••.•..••...•...•.. ll
• What Is The Organizational Structure Of The Child
Support Enforcement Administration .•........•.••..•.•... 12
• What Are The General Responsibilities Of The Major
Functions Within The Child Support Enforcement
Adm; ni 5t rat ion 15
• What Are Some Of The Common Abbreviations And Terms
Used By Child Support Enforcement Administration •••....• 18
THE CSEA/IV-D CASE 21
• What IsA IV-D Case e 22
• How Is A IV-D Case Developed 24
OBTAINING APPLICANT/RECIPIENT - ABSENT PARENT INFORMATION/
COOPERATloN.~ ~ ~ ..........•......... ......... 29
• Why Does An AFDC Applicant/Rectpient(A/R)Have To
Provide Absent Parent Information 'And Complete Various
IIIV-D Forms ll
- Why Must These Forms Be Completed By
An El igibi 1ity Worker .•......•..........•..•.••.•.....•.• 30
• What If The AFDC Applicant/Recipient (A/R) Fails
To Cooperate ·.31
• What Is Meant By Cooperation •.....••...•••.••••••..•••••.•• 32
i
GOOD CAUSE ••••.•••••••••••••••.•••.••••••••••.••••••••••••••••••• 33
• Is There Any Way In Which An AFDC Applicant/Recipient
(A/R) Does Not Have To Cooperate With Support
Enforcement 34
• What Circumstances Constitute "Good Cause" ••.•...•••.•.•..• 35
• What Role Does Child Support Enforcement Administration
Play In The "Good Cause Process ••••......•��.•••....•.•• 36
• Since It Appears "Good Cause" Is Strictly Related To
IV-D Activities, Why Must The Eligibility Worker
Initiate, And Validate, All Good Cause Claims •••..•.•••• 37
• Whenever IV-A Determines That "Good Cause" Exists,
Does IV-D Ever Proceed Without The AFDC
Applicant/Recipient's (A/R1s) Cooperation •.•••.•.•.•...• 38
HOW CSEA VIEWS THE IV-A REFERRAL 39
• How Does CSEA View the AY-091, "Absent Parent
Quest; 0 nna; re II •••••••••••••••••••••••••••••••••••••••••• 40
• And The AY-091A, "Requirements Of Cooperation
With Child Support Enforcement ll
••••••••••••••••••••••••• 41
• What About The AY-140, "Assignment Of Rights To Support"
Form? How Does CSEA View It? .•.....•.•.•••.•••.••..•••42
FILING THE ASSIGNMENT OF RIGHTS WITH THE CLERK OF THE
..;;.;;.;...;;;.;..;.~-.....;,...;..;U;.;...;.. •••• •••••••••••••••••••••••••••••••••••••••••••• 43
• When Is The AY-140 Filed With The Clerk Of The
Superior Court ............•............................. 44
• What Happens When The Clerk Of The Superior Court
Receives An AY-140 •••............•....•.•...•.•.....•...45
• When Is Such A Notice Sent To The Clerk Of The
Superior Court .•.........................•........•..... 46
• What Is The Purpose Of AModification Of Assignment
Notice it ••••••••••••••••••••••••••••••••••••••••••• 47
• What Happens If There Are No ArrearagesOr All
Arrearages Have Been Reimbursed •.•••..•.•••...•••...•••• 49
• Is It Correct To Tell Applicants Or Recipients Of AFDC
That Once An AFDC Grant Is Terminated, It Will Be
Five (5) Months Before They Receive Support Monies •.•••• 50
i i
• TREATMENT OF SUPPORT MONIES ••.......•....•....••.•......••....•.• 51
• How Are Support Monies Viewed By The IV-D Program .••.•••..• 52
• When An Applicant/Recipient (A/R) is PENDINGAFDC, What
Should (S)He Do With Support Monies Received
Directly From An Absent Parent Or Clerk Of
The Superior Court ......................•.•............. 53
• When An Applicant/Recipient (A/R) Is RECEIVING AFDC,
What Should (S)He Do With Support Monies Received
Directly From An Absent Parent Or Clerk Of The
Superior Court 54
• Is There Any Time Support. Payments Would Be Considered
As Income Against Active AFDC Grants •••.....•.•.•..••..• 55
• And If The Applicant/Recipient (A/R) Should Fail To
Report And Remit The Support Monies ••••..•...••....•.•.• 56
DETERMINING "PASS-THROUGHS II 57
• Just Exactly How Are IIPass-Through" Determinations Made •.•. 58
• How Soon Will A "Pass-Through ll Be Sent To An AFDC
Applicant/Recipient ••.•.•........•..••...•.•..•..••....• 60
• Why So Long? When Are IIPass-Through" Monies Determined .••. 6l
• If The Books Are Closed On The Tenth Of The Month
Following The Month Of Collection, Why Does It Take
So Much Time Before A IIPass-Through ll Is Issued To
A Recipient e- ••••••••• a.a •• •••••••• • -•• a.a •••••••••••••••• •• 62
• What If AnAFDC Grant Has Been Suspended Or Terminated
For ACollection Month? Must That Individual Wait
The Same Time Period For That "Pass-Through ll •.••.••.•.•. 63
• Does IV-D Ever Notify The Eligibility Worker Directly
Of The Current Support Monies Collected .•••••.•••••••••• 64
• VJhat Should Be Done Hith "Pass-Thl~oughll Monies- Issued
To The Applicant/Recipient ••..•••..•.••.••••...•..•.•••• 65
• If An AFDC Grant Is Being Resumed, Reopened, Or
Supplements Issued Retroactive To A Specific
Time, What Should Be Done With The Pass-
Through ll Monies •• °
0
_ ••••••••••••••••••••••••••••••••••••• 66
APPENDIX •..••.•..•••••.•.•••.•..•..••••.•.••.••••••.•.•••.•••••.• 67
• Listing Of Forms Utilized By Both IV-A And IV-D .•...•.•.... 68
• Listing of IV-A Federal Regulations Pertaining To
Child Support Enforcement •••••••.•••••••.••.••••.•..•••. 69
iii
BACKGROUND INFORMATION
-1-
• Why child support enforcement?
During the Twentieth Century, the American Nuclear Family has
drastically changed, resulting in an increase in separations,
divorces, illegitimate children, and an increasing number of
single parent families. These changes in turn have resulted
in an increase in nonsupport and/or not providing adequate
support for the children by the absent parent.
I As the divorce rate doubled between 1965 and 1975, one
in every six (6) families was left with only one (1)
parent in the household.
I As a result of divorce, desertion, or illegitimacy, two (2)
of every five (5) children born during the seventies can
expect to live in a single-parent family at some time
during their childhood.
• The economic effect of these circumstances can be cata-strophic.
Too often, the custodial parentis limited
earnings are insufficient to provide adequate support
for the family. Many are forced to rely on public
assistance.
I Some of the burdens of si~gle-parent families would be
eased considerably if absent parents met their obligation
to provide child support. But the fact is that
many are unwilling to pay.
Unfortunately,a low priority was placed on enforcing the absent
parentIs responsibility to support the children. Instead, society
unquestionably assumed the responsibility of supporting the
abondoned children. Billions of dollars have been spent on medical
services, social services, public assistance, and food stamps for
which these recipients also qualified. Only with the enactment
of legislation would proper enforcement actions be taken to
ensure the absent parentis responsibility to support the children.
-2-
• What steps did Congress take to correct this situation?
Congress has made several efforts to address the problem of deserting
parents, the earliest of which dates back to 1941. In 1950, the
first child support related legislation was passed when Congress
amended the Social Security Act to require state welfare agencies
to notify law enforcement officials whenever public assistance was
furnished to a child whose parent had deserted his family. This
law proved ineffective in stemming the rising tide of desertions.
Another attempt at reversing the trend occurred in 1962, when
legislation revising the Social Security Act was again passed.
Under these amendments, the government offered 50% matching funds
to states which provided special jobs for employable head of household,
encouraging these persons to remain with their families.
!ieverthe1ess, the AFDC ro 11 s cont i nued to gro\'J.
Additional amendments to the Social Security Act were dee~ed necessary
by Congress in 1965 and 1967. The amendments allowed the state
or local welfare agency to attempt to trace an absent parent by
obtaining his last known address and place of employment through
the Department of Health, Education, and Welfare. One section of
the 1967 law provided for gathering address information from the
Internal Revenue Service.
The 1967 amendments also sought to coordinate child support operations
in each state by authorizing the creation of a central child
support unit within the state welfare agency. The child support
agency would utilize reciprocal agreements with other states and
enter into cooperative agreements with law enforcement officials
in order to locate absent parents.
Although many provisions of the 1967 act were similar to features
of the current program, the earlier measure was unsuccessful, in
large measure due to lack of initiative by some states in"implementing
the law. No mechanism existed for compelling states to
locate absent parents, nor was child support enforcement given high
-3-
• priority with the Department of Health and Human Service~.
To correct these deficiencies, the Congress passed two bills in
1973. The bills were forerunners of Title IV-D and contained many
identical provisions, the major exception being that the program
would be administered through the Attorney Generalis Office instead
of the Department of Health and Human Services. Both of these
bills lapsed in House~Senate Conference.
In 1974, the House and Senate passed varying versions of H.R. 17045.
The Bill was sent to Conference and the differences were resolved
so that a revised Bill was passed by both houses in December of 1974.
On January 4, 1975, President Ford signed this legislation, Title IV-D
of the Social Security Act, into law as P.L. 93-647.
Initially, the law was to take effect on July 1, 1975. However,
v~hen it was ascertained that SOT,:e states lacked enabling legislation
to implement the law, a delay of one month was voted. The extra
month also allowed Congress time to pass certain additional amendments
to the program. As a result, on August 1, 1975, the first
day of implementation of P.L. 93-547, H.R. 7710 (P.L. 94-83) vI/as
approved. Together these 1aws :Jrovi de the bas is for the current
Child Support Enforcement Program.
-4-
What are the characteristics of the Federal Child Support Enforcement
Program?
In brief, the major provisions of the Title IV-D Child
Support Enforcement Program are:
• GOALS: Establish the paternity of children born out of
wedlock; establish and enforce the financial obligations
of all parents to their children.
• CONDITIONS: As a condition of eligibility, each applicant
for, or recipient of, AFDC must make an assignment of child
support rights to the state and must cooperate in establishing
paternity and securing support.
• PROGRAM ORGANIZATION: Each state must establish or designate
a single and separate IV-D Agency within the state. A
parent locator service ~ustbe,established in each state to
utilize appropriate state and federal information in locating
absent parents.
• PROGRAM RESPONSIBILITIES: Agencies are responsible for
establishing paternity and securing support on behalf of
all children for whom there is an assignment of support.
Responsibilities are to be accomplished through agency staffs,
cooperative agreements with law enforcement agencies, and
collaboration with other states.
• IV-D NON-PUBLIC ASSISTANCE SERVICES: As a means of helping
families to avoid applying for welfare, child support services
are available to any family which submits written application.
• FUNDING AND REIMBURSEMENT: Title IV-D provides 70% federal
reimbursement for administrative costs incurred by states
with federally approved programs. Support collections
received by the states on behalf of AFDC children are retained
as recoveries of welfare expenditures. Politica~ subdivisions
and states making collections on AFDC cases are entitled -to receive
a 15% incentive of the monies they collect. and the State~etains
for their participation. in thepr.o.gram. The Fed.eral Bep~rtment
of Health and Human Se.rvices is reimbursed for its original share
in grant payments, rili'nus the amount of any incentives paid to
political subdivisions and states.
-5-
•
THE ARIZONA CHILD SUPPORT ENFORCEMENT PROGRAM
-6-
• What about the Child Support Enforcement Program in Arizona?
Prior to September, 1975, Arizona had no centrally organized
effort to address the issue of child support and its related
activities. The district County Attorneys' Offices were
mandated by State Law to provide child support services to
Arizona's citizens.
On September 29, 1975, the Federal Office of Child Support Enforcement
approved the Arizona IV-D State Plan. This created the
Chi1d.SupportEnforcement Administration (CSEA) within the Department
of Economic Security.
It became the responsibility of CSEA to coordinate and administer
the provision of these services to Arizona's citizens in conformity
with Title IV-D of the Social Security Act, as amended; to ensure
the right of all chi1dr2n to rec2ive support from those legally
responsible to provide such support.
-7-
• How is the Program financed?
The State government receives 70% federal financial participation
(FFP) for the costs incurred in administering its program.
Effective July 20, 1979, State legislation passed Arizona
Revised Statue (A.R.S.) 46-406. This statue provides that "no
funds shall be spent of funds appropriated to the Department
of Economic Security to administer the Child Support Enforcement
Program ••. the Department of Economic Security shall administer
the .•• Program from ••• child support collections received on public
assistance cases .•. " In essence, this law mandated a cost effective
program at no cost to the taxpayer.
From that time on, appropriated funds were no longer used to
operate the Program.
-8-
• How does a person apply for IV-D services?
Public Assistance Applicants:
As a condition of AFDC eligibility, applicants for, or recipients
of, AFDC are required to cooperate with the Child Support
Enforcement Program.
Therefore, the AFDC Program, concurrently with the applicant's/
recipient's AFDC application, completes a II referral ll document~
and forwards it to the IV-D Program~ when AFDC is granted.
Non-Public Assistance Applicants:
Non-public assistance applicants can be divided into two groups-those
who know the whereabouts of the absent parent, and those
who do not.
Those who definitely know where the absent parent is exactly
located, file their application directly with the County Attorney,
who is under contract with the Department of Economic Security
to provide child support enforcement services~ in their area. (In
the event the County Attorney is not under contract with the
Department of Economic Security, they file their application
with a DES (AFDC) Office in their area.)
Those who do not know where the absent parent is exactly located~
file their application with the Department of Economic Security,
either at a local AFDC Office or with the Arizona Parent Locator
Service (APLS) with the Child Support Enforcement Administration.
-9-
Does an applicant have to pay any fees for IV-D service?
Some State IV-D Agencies throughout the country charge a fee
to their non-public assistance applicants to help offset the
cost of their program.
At this time, Arizona does not charge neither the AFDC nor
non-public assistance applicants for IV-D services. However,
this policy is currently under review and may at a later date
be changed.
-10-
•
THE CSEA ORGANIZATION AND TERMS
-11-
• What is the organizational structure of the Child Support Enforcement
Administration?
As mentioned earlier, the Child Support Enforcement Administration
Program is an administration within the Division of Aging, Family
and Children Services under the Department of Economic Security.
STATE OF ARIZONA
Department of Economic Security
Organizational Chart Governor
or
Arizona
I - - -- - I I I l
Governor's Governor's Council Governor's Council I
Advisory Council on Developmental on Children, Youth
on Aging Disabilities .. Families I
i II II I
II I II I
L._ - -- - .L ----_.1-- -- III
Unemployment Office of the Economic Security
Insurance
Appeals Board Director Advisory Council
Districts Inter-Governmental
Administration Operations
Datil. ~ffice of Legislative Services
Administration r-fffiC.. of Public Information
I J
. I I I
Division of Aging, Division o~ Division of Division of Division of Division of
Family & Children Oevelopmental Employment & Business .. Finance Management Review Planning & Policy
Services Disabilitie~ Rehabili tation Development
Services
Aging .. Adult Administration
Children, You~~ & Families
Administration
Child Sup9Qrt Enforcement
Administration
Family Assistance Administration
Systems Development Unit
•
rehensive Medical/Dental Program
• toration .. Recovery Unit
Disability Determination
Service Administration
Employment .. Training
Administration
Rehabilitation Services
Administration
Special Employability
Grants Administration
Unemployment Insurance
Administration
Office of Accounting
Office of Finance
Office of Operations
Support
Office of Agency
Management Services
Office of Purchase &
Property ~lanagement
Office·of Appeals
Office of Equal
Opportunity
Office of Internal
Audit
Office of Legal Services
Office of Management
Analysis
Office of Service
Delivery Assessment
Office of Special
Investigations
Office of Planning ..
Budget Development
Office of Staff
Development and
Training
Block Grants
-1/-
• It should be noted that the Child Support Enforcement Administration
is an Administration separate and apart from any other Administration.
DIVISION OF AGING,
FAMILY & CHILDREN
SERVICES
I r
FAMILY I CHILD SUPPORT CHILDREN, YOUTH AGING AND
ASSISTANCE I ENFORCEMENT & FAMILIES ADULT
ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION
I
SYSTEM COMPREHENSIVE SPECIAL PROJECTS
DEVELOPMENT MEDICAL/DENTAL & POPULATIONS
UNIT PROGRAM UNIT
-13-
• Within the Child Support Enforcement Administration itself,
the following organizational structure is applied:
CHILD SUPPORT County Attorneys
(Assistant) r- __ ENFORCEMENT __..- and
Attorney General -- __ ADMIN rc;TRAToR __ __ Clerks of the
-... __ __ -- SUDerior Court -- -- ............... l.----
Program Support
Section
Program Development
Section
Program Monitoring
Section
Payments and
Distributions
Research and
Statistics Intake
Functi on
Tucson Office
DIRECT SUPERVISION
Location
Function
Estab1i shmentj
Enforcement
Function
------------------------- ACCESS TO THE SERVICES OF
-14-
• What are the general responsibilities of the major functions within
the Child Support Enforcement Administration?
THE PROGRAM ADMINISTRATOR
• Is responsible for the Statewide administration of the
Child Support Enforcement Program in the State of Arizona.
• Through the assistance of the Attorney General, provides
technical legal assistance to the County Attorneys and
other judiciary components.
• Represents DES when conflict of interest occurs with the
County Attorneys' offices.
• Negotiates and contracts with appropriate law enforcement
officials for the delivery of IV-D services.
THE PROGRAM SUPPORT SECTION
• Develops short and long-term plans for the Child Support
Enforcement Program.
• Evaluates and assists in the development of legislation to
enhance the Program and lobbies for legislation.
• Develops Program statistical information to support the
goals and objectives of the Program.
• Performs cost analysis studies in order to establish
expenditure justifications for State, district, and
contractor operations.
• Compiles statistical, financial, and programmatic
reports.
• Coordinates training of Program personnel, develops training
materials, and provides training where appropriate.
• Assists the Program Administrator in the administration of
county enforcement and collection operations.
• Interprets State and Federal laws and their impact on the
Program.
• Keeps public, legislators, State and Federal Government
officials aware of Program achievements and services provided.
-15-
•
•
• Responsible for the collection and distribution of all
(support) monies received by Child Support Enforcement
Administration/Payments and Distributions Services (PADS).
THE PROGRAM DEVELOPMENT SECTION
• Designs, develops, and implements policies and projects
to ensure the achievement of Program goals.
• Assists the Program Administrator in the administration of
internal Program operations.
• Develops and modifies an operational and procedural Program
manual.
• Develops and modifies the State Plan to ensure conformity
with State and Federal Regulations.
• Prepares technical and administrative reports.
• Coordinates Program activities with other departmental
programs, Federal, State, and local agencies, as well as
other states' child support programs.
• Interprets State and Federal laws, and their impact on the
Program.
• Assesses training needs of the various internal functions.
THE INTAKE FUNCTION
• Receives and prioritizes all "IV-A Referrals/IV-D
Applications."
• Assesses Assignments of Rights to Support (AY-140' s) for
filing with appropriate jurisdictions.
• Creates case folders/opens and closes cases/maintains case
folders.
• Tracks open and closed Child Support Enforcement Administration
cases/tracks active and inactive functions on
open and closed cases.
• Typing and clerical support/phone receptionist.
• IV-D Field Application Interviewers.
• Receives and distributes correspondence/out-of-town inquiry/
case processing.
-16-
• THE LOCATION FUNCTION
• Location and relocation of Absent Parents.
THE ESTABLISHMENT/ENFORCEMENT FUNCTION
• Obtain stipulations (Establish: Paternity, Support,
Reimbursement.)
• Referrals for legal action to Attorney General.
• Referrals for legal action to County Attorney.
• Delinquencies.
• Certifications to U. S. District Court.
THE PROGRAM MONITORING SECTION
• Monitors IV-D State Plan as to conformity with 45 CFR 232,
235, 300-305, and Part 74, plus appropriate State laws.
• Monitors the policy and procedures of the IV-D Program
at both the DES and contractor levels to determine the
effectiveness and timeliness of IV-D services.
• Samples individuals IV-D contractors on a regular basis,
in order to:
a. Identify training needs through monitoring the
individual case records for compliance with State
Plan, IV-D Operating Manual, and Contract.
b. Audit contractors'financial claims against actual
services provided.
• Identifies problem areas, with respect to Program policy
and procedures, and recommends corrective action
alternat i ves.
• Provides technical assistance as needed.
• Reviews and comments on proposed manual material as to its
clarity and specificity, in terms of the auditing functions
for the IV-D Program.
• Prepares technical and administrative reports.
• Interprets State and federal laws and their impact on the
Program.
-17-
• What are some of the common abbreviations and terms used by the
Child Support Enforcement Administration?
II IV-All
IICSEAII
IIAPLS II
Title IV-A of the Social Security Act by the
Federal Government provides grants to each state
to plan and administer Aid to Families with
Dependent Children (Welfare) within their state.
Title IV-D of the Social Security Act by the
Federal Government provides grants to each state
to plan and administer a child support enforcement
program within their state.
Arizona Department of Economic Security - Division
of the Arizona State Government which receives
federal grants to administer aid and services to
economically disadvantaged individuals and families.
Aid to Families with Dependent Children - The public
assistance program established by Title IIJ-A of
the Social Security Act.
Child Support Enforcement Administration - An
Administration within the Department of Economic
Security that administers the Child Support Enforcement
Program, in Arizona, established by Title IV-D
of the Social Security Act.
Arizona Parent Locator Service - A service within
the Child Support Enforcement Administration. This
service locates absent parents, helps establish
paternity, enforces child support payments, and
monitors payments to ensure a case remains in a
current payment status.
-18-
• IIPADS II
IIAPIS II
IIA/PII
IIA/R II
liARS II
DEFENDENT
GRANT
OBLIGEE
OBLIGOR
1I0TI II
PAYEE
PAYOR
Payments and Distributions Services - A service
within the Child Support Enforcement Administration
that receives and remits to appropriate areas all
IV-D child support monies received by the Child
Support Enforcement Administration.
Federal Parent Locator Service - Provides an access
to APLS to information on absent parents from federal
agencies, i.e., internal revenue, social security, etc.
Assistance P,ayments Information Systems.
Absent parent.
Applicant/Recipient.
Arizona Revised Statutes.
Code of Federal Regulations
A person required to make answer in a legal action
or suit.
Money issued to Welfare recipient.
One to whom another is obligated (receives child
support).
One placed under legal obligation (owes
a duty to pay child support).
Out-af-Town Inquiry.
One to whom money is obligated to be paid.
One who is obligated to pay.
PETITIONER
or PLAINTIFF The complaining party in a litigation.
-19-
• RECIPIENT
RESPONDENT
IISSIII
IISSN II
One that receives" (-usually AFDC).
One who responds; one who answers in various legal
procedures.
Supplemental Security Income.
Social Security Number.
Uniform Reciprocal Enforcement of Support Act.
Afederal act which provides for reciprocity
between states to establish and enforce child
support obligations.
-20-
•
THE CSEA/IV-D CASE
-21-
What is a IV-D Case?
As shown by the diagram, a IIIV-D Case ll is comprised of information
from ALL areas providing IV-D services. Each area has its own
functions and responsibilities, thus files are maintained by each
area to accumulate the information essential to that function.
-22-
• The common factor in each file, however, is the information provided
on the IV-A referral/IV-D application--the information obtained from
an AFDC applicant or non-public assistance applicant. Without this
information, the files--IV-D Case--cannot be developed.
The following chart highlights the main functions and responsibilities
of each "IV-D area" required to provide IV-D services:
AREAS OF IV-D
z:
I- 0
Z - Vl lU I- lU I-z:
::: Vl ~ >- 0:: U Z >-
0 lU I- a:l - ex: lU -' lU lUO >- z: :t: - I- - U z: - > t-zc:::(
I- 0:: lU 00:: 0:: Vl 0:: 0:: I- 0:: :'::1-0::0:: ex: Cl -OLJ..J z: 0 0:: LU~
~
u 0u.. >::;-: a.":.1~- LVUl VVlHI--ZlU 0~I1-- w-u'..o0.~. 0u DUTIES AND RESPONSIBILITIES: 0 z: ex:
-' lU 0.. Cl d:eX:<..:J u ex: u Vl
Parent • 1 Location of an Absent · Referral to a County Attorney • I • -..- Estab1i shmpnt of Paternitv • • •
Establishment of Suooort Order I • • •
Enforcement of Suooort Order • • r • •
Collection of Support Monies r • • • Transmitting Monies Collected to IV-D I •
Receiot of Monies , • I • Identifying Monies Received T • : • Payment of Support Monies to Client J I • • Distribution Df Monies Retained • I • Court Proc~edinQs/leqal Action I • • •
GatheUrinnrgeimIVb-uArsIendfoArFmOCation to Determine • I • f • GatheRDreiincsgetrivibIeVdu-tAioInnfoofrmSautpiopnortfoMr oPnireosper II II • J I
-23-
• How is a IV-D Case developed?
Step I. The first step in developing a IV-D Case is to obtain
a COMPLETE and ACCURATE IV-A referral/IV-D application.
(The recognized IV-A referral consists of three forms the
AY-09l, Absent Parent Questionnaire, the AY-091A,
Requirements of Cooperation with Child Support Enforcement,
and the AY-140, Assignment of Rights to Support.)
(The IV-D Application for Non-Public Assistance Applicants
consists of two forms - the AY-09l, Absent Parent Questionnaire
and the AY-091A, Requirements of Cooperation with
Child Support Enforcement.)
Note: The key words are II comp lete and accurate. II As
mentioned earlier, various areas within IV-D depend heavily
on the information provided on the referral/application.
Without the information, IV-D cannot adequately provide
the support services required.
Therefore, all referrals/applications received by IV-D are
first screened for completeness and accuracy. If further
information or clarifications are needed on the referrals,
they are immediately returned to the local IV-A office.
-24-
• Step II. Those referrals received and retained by IV-D are then
screened for accompanying court orders, or those easily
accessible. Those AY-140·s are then immediately forwarded
to the proper Clerk of the Superior Court. This enables
support monies being paid on those orders to be redirected
to the State IV-D Agency instead of the AFDC applicant/
recipient (A/R).
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-25-
• Step III. All ref~rral~r"then pass through the Location
Function. Based on the amount and quality of information
available, location efforts are initiated to
locate the absent parent(s).
-26-
Step IV. As soon as the absent parent is located, the Location
Function refers the case to the Enforcement Function.
Enforcement must then determine the best means of
establishing and/or enforcing the support orders.
In some i~stances, the Enforceme~t Fu~ction will
elicit the help of the County Attorney and/or the
Assistant Attorney General ...
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-27-
• Step V. Throughout this entire process, if at any time support
money is received from an absent parent, the Payments
and Distributions Service, PADS, immediately establishes their
files. Proper identification and distribution of the
money can then begin.
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-28-
OBTAINING APPLICANT/RECIPIENT - ABSENT PARENT
INFORMATION/COOPERATION
-29-
• Why does an AFDC applicant/recipient (A/R) have to provide absent parent
information and complete various "IV-D forms?" Why must these forms
be completed by an Eligibility Worker?
It is a condition of AFDC eligibility.
Remember, per Iv-A federal regulations, every applicant for, or
recipient of, AFDC must cooperate in support enforcement.
Therefore, it is the responsibility of IV-A, via the Eligibility
Worker, to initiate and complete the recognized IV-A/IV-D referral
forms.
•
-30-
• What if the AFDC applicant/recipient (A/R) fails to cooperate?
If an A/R fails to cooperate in support enforcement and "good cause"
has not been established, a "Noncooperation Notice" is forwarded
by the Child Support Enforcement Administration to the local
IV-A office.
It is IV-A's responsibility to initiate proper noncooperation
(sanction) actions.
Later, if and when the A/R does cooperate, the Child Support
Enforcement Administration will notify the IV-A Agency of the
"Compliance."
-31-
•
•
What is meant by cooperation?
An AIR" must cooperate with any and all areas within, or related
to, the Child Support Program in order to establish and enforce
support orders.
This may involve, to name a few,
• Providing absent parent information.
• Identifying and assisting in locating the absent parent.
• Appearing at the County Attorney·s office.
• Appearing in court.
• Appearing at a IV-D office.
• Establishing paternity.
• Providing various necessary documents, i.e., divorce
decrees, legal separation papers, birth certificates, etc.
• Completing papers for th2 Assistant Attorney General.
• Obtaining support paymerits for those on the AFDC grant.
• Obtaining other payments or property due all children on
the AFDC grant.
• Payi ng to the State any i;ioney recei ved di rect ly from an
absent parent.
• Assigning all rights to child support to the State by
signing the Assignment of Rights to Support document (AY-140).
GOOD CAUSE CANNOT BE CLAIMED FOR THIS REQUIREMENT .
-32-
•
GOOD CAUSE
-33-
• Is there any way in which an AFDC applicant/recipient (A/R) does not
have to cooperate with support enforcement?
Yes. If the A/R feels physical or emotional harm may occur,
IIGood Cause tl can be claimed.
If the claim is substantiated, and approved by the IV-A Agency,
the A/R does not have to cooperate in support enforcement.
-34-
• What circumstances constitute "good cause?"
• Cooperation would result in serious physical or emotional
harm to the child(ren).
• Cooperation would result in serious physical or emotional
harm to the AIR and reduce the abi 1ity to adequate ly
care for the child(ren).
• The child was born as a result of forcible rape or incest.
• Court proceedings are underway for the adoption of the child.
• The AIR is deciding whether to place the child for adoption
with the help of an agency.
-35-
4It What role does the Child Support Enforcement Administration play in
the II good cause ll process?
The Child Support Enforcement Administration must IMMEDIATELY
suspend all establishment and/or enforcement activities until
AFTER a final good cause determination has been made by the
IV-A Agency.
Therefore,
recipient,
NOTIFIED.
CONTINUE.
the minute a good cause claim is made by an applicant/
THE CHILD SUPPORT ENFORCEMENT ADMINISTRATION MUST BE
IF NOT, ESTABLISHMENT AND ENFORCEMENT ACTIVITIES WILL
In addition, the Child Support Enforcement Administration must be
afforded the opportunity to review each good cause claim and
make a recommendation regarding it prior to the IV-A final good
cause decision.
-36-
• Since it appears II good cause II is strictly related to IV-D activities,
why must the IV-A Eligibility Worker initiate, and validate, all
good cause claims?
Once again, it is a IV-A federal (regulations) requirement.
Remember, the IV-A regulations state as a condition of AFDC
eligibility applicants for, or recipients of, AFDC must cooperate
with support enforcement. The only means by which they can be
excused from cooperating is through good cause.
-37-
• Whenever IV-A determines that IIgood cause ll exists, does IV-D ever
proceed without the AFDC Applicant/qe~ipientls (A/Rts) cooperation?
Whenever IV-A approves a good cause claim and indicates IV-D
services can continue without the A/R1s cooperation,
IV-D has decided AT THIS TIME NOT to proceed with support
enforcement services.
The establishment and enforcement functions on that particular
case are therefore inactivated. If monies are being received
or should be received, from the absent parent, IV-D will continue
to collect the monies and distribute them accordingly.
-38-
•
•
HOW CSEA VIEWS THE IV-A REFERRAL
-39-
• How does CSEA view the AY-09l, IIAbsent Parent Questionnaire?1I
It is part of the II re ferral ll notice from the IV-A Program to the
IV-D Program signifying AFDC eligibility.
It gathers basic AFDC information about the absent parent.
It is a IIl egalll document that is often introduced as evidence;
in court.
And, it is the lIinput ll document for CSEA's automated system.
-40-
~ And the AY-091A, Requirements of Cooperation with Child Support
Enforcement?
This form is also part of the II re ferral ll notice from the IV-A
Program to the IV-D Program.
It explains in detail to the applicant/recipient what is meant
by IIcooperation with child support enforcement. II
It signifies to IV-D the applicant/recipient's understanding
of cooperation with the Child Support Enforcement Program in
performing various child support enforcement activities.
And, it is a document that can be presented in court when
necessary.
-41-
What about the AY-140. IIAssignment of Rights to Support ll form?
How does CSEA view it?
This is another requirement of AFDC eligibility. (Per IV-A
federal regulations, every applicant for, or recipient of,
AFDC must assign to the State any rights to support from an
absent parent in his/her behalf and/or in behalf of the
child(ren) for whom assistance is given. If the A/R fails to
do so, (s)he is failing to cooperate. REMEMBER, GOOD CAUSE
CANNOT BE CLAIMED FOR REFUSING TO SIGN THE ASSIGNMENT.)
The AY-140 is part of the referral notice from IV-A.
It is a legal document which is often required in legal proceedings.
It is a II contractural agreement ll between the A/R and the State,
whereby the A/R is assigning to the State the rights to support
in behalf of those, as listed, for whom AFDC is granted. Once
CSEA files this document with the Clerk of the Superior Court,
support monies from that part icul ar absent parent are di verted
to the State.
-42-
•
FILING THE ASSIGNMENT OF RIGHTS
WITH THE CLERK OF THE SUPERIOR COURT
-43-
• When is the AY-140 filed with the Clerk of the Superior Court?
When IV-D receives an AY-140 from IV-At a search is made for
an existing court order. Once located t the AY-140 is immediately
filed with that Clerk of the Superior Court.
If an order has not been established t the AY-140 is retained
by IV-D. As soon as IV-D is able to establish an order t the
AY-140 is then -filed with the appropriate Clerk of the Superior
Court.
-44-
• What happens when the Clerk of the Superior Court receives an
AY-140?
Upon receipt of an AY-140, the Clerk of the Superior Court,
by federal regulations and State law, must immediately forward to
the State any support monies received from that absent parent. No
further monies can be sent to the appl fcantjrecipient until further
notice is received from the IV-D Program.
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-45-
When is such a notice sent to the Clerk of the Superior Court?
As PADS receives money from an absent parent, a check is
made to determine the current AFDC case status.
If the AFDC case has been TERMINATED, and arrearages have
accumulated, a Modification of Assignment notice is sent to
the Clerk of the Superior Court.
-46-
• What is the purpose of a Modification of Assignment Notice?
The Modification Notice allows the Clerk of the Superior
Court to forward all CURRENT court ordered support amounts
to the former AIR.
Any amounts in excess of the current ordered amount, however,
must continue to be forwarded to the State IV-O Program. The
excess amounts will continue to be forwarded to the State IV-D
Program until all child support arrearages, which may have accumulated
up to and during the time the A/R/AFDC Family received
AFDC, have been paid.
EXAMPLE:
Mrs. Brown has received AFOC for the past two (2) years.
She has fi nally found work and requests her case be stopped.
The Eligibility Worker terminates the grant effective
July, 1981.
The IV-D Program, PADS, receives a $60.00 July support
payment from Mr. Brown. In checking with IV-A, it is noted th~~ the
AfOC 'case was terminated effective July 1981.
It is also noted, there is a court order showing Mr. Brown
must pay S50.00 per month support, starting Tn July, 1979. Records
further indicate this is the first time Mr. Brown has ever made
a support payment. ~1r. Brown is, therefore, $1,200.00 in
arrears.
PADS must do several things:
1. Pass the current ordered support payment, $50.00, to
tvlrs. Brown,
-47-
2. Retain the extra $10.00 to reimburse (some of) the AFDC
which has been issued to Mrs. Brown for the past two (2)
years, and
3. Send a Modification Notice to the Clerk of the Superior
Court informing them to forward all future monthly court
ordered support amounts ($50.00) to Mrs. Brown. Any
money in excess of this amount must still be forwarded to
the State IV-D Program until all AFDC is reimbursed or
there are no more arrearages.
-48-
J
• What happens if there are no arrearages or all AFDC has been
reimbursed?
If no arrearages have accumulated up to and including the time
AFDC was paid, or if all AFDC has been reimbursed, and AFDC is
TERMINATED, a Termination Notice is sent to the Clerk of the
Superior Court. This notice informs the Clerk to forward ALL
monies received from an absent parent directly to the former
AFDC applicant-recipient.
-49-
• Is it correct to tell applicants or recipients of AFDC that once an
AFDC grant is terminated, it will be five (5) months BEFORE they
receive any support monies?
NO! This is completely untrue!!
Remember, when an AFDC gase is terminated, and the IV-D ~rogram
receives support monies, the current monthly court ordered amount
is ALWAYS passed through to the AIR.
-50-
•
TREATMENT OF SUPPORT MONIES
-51-
• How are support monies viewed by the IV-O Program?
IV-O considers both child support and alimony as support monies.
Both are collected by IV-O, and retained for further IV-O handling
and distribution.
-52-
~ When an applicant/recipient (A/R) is PENDING AFDC, what should (s)he
do with support monies received directly from an absent parent or
Clerk of the Superior Court?
Support monies received on
to the Eligibility Worker.
as income against the AFDC
PENDING AFDC cases must be REPORTED
In turn, these monies are considered
grant.
-53-
~ When an applicant/recipient (A/R) is RECEIVING AFDC, what should (s)he
do with support monies received directly from an absent parent or
Clerk of the Superior Court?
Support monies received on ACTIVE AFDC cases must be TURNED OVER
to the IV-D Program. They cannot be kept by the AIR. In turn,
these monies are NOT considered as income against the AFDC grant.
-54-
• Is there any time support payments would be considered as income
against active AFDC grants?
When the AIR refuses to turn the money over to
then treated as income against the AFDC grant.
time it is considered income.
-55-
the State, it is
This is the ONLY
• And if the applicant/recipient (A/R) should fail to report and remit
the support monies ••• ?
The A/R is failing to cooperate. Proper noncooperation (sanction)
action must be taken.
-56-
•
DETERMINING "PASS-THROUGHS"
_57-
• Just exactly how are IIpass-throughll determinations made?
The basic guides used to determine a IIpass-throughll are:
• Current support amounts collected in a given month
are considered against the current month's AFDC grant
issued to the family.
• If a grant has been paid for the collection month,
any current support amount up to, but not exceeding
the AFDC grant paid, is retained by IV-D. Any
current child support in excess of the AFDC grant
paid to the family is "passed-through. II
•
EXAMPLE:
1. Ms. Green receives $180.00 per month AFDC for herself
and her child. The absent parent, Mr. Brown, is court
ordered to pay $150.00 per month child support •
IV-D receives a $150.00 April support payment. Should
there be a II pass -through?1I NO.
April child support collected ••.•.••..••.....•..•.• $150.00
April AFDC grant paid to the family •.••••...•..•••. $180.00
·'Pass-through" _._ . . . . -0-
Since the $150.00 child support co.llected does not EXCEED
the $180.00 AFDC grant, the $150.00 must be retained to
reimburse some of the AFDC paid. A IIpass-througtill is not made.
-58-
• 2. Mrs. Thompson receives $233.00 per month AFDC for herself
and two children.
There are two (2) absent parents, Mr. Johnson and Mr. Gray.
Mr. Johnson, father of one child is coart ordered to pay
$200.00 per month child support. Mr. Gray, father of the
other child, is court ordered to pay $75.00 per month
child support.
IV-D receives a $75.00 April support paYment from Mr. Gray
and $200.00 April support payment from Mr. Johnson.
Is there a "pass-through" payment? Yes. $42.00.
April child support collected •••..••••••••••••..••• $275.00
AFDC grant to the family .•....•••...•••••...•.•••.• $233.00
IIPass-through"••.��...•..•..••••..•.•.•..••...••••.. $ 42.00
3. In February 1983, Mrs. Smith received $282.00 AFDC for herself
and three children.
The absent parent of one child, Bill Low, tells Mrs. Smith
he will begin to pay $200.00 per month child support for
Bill so she removes Bill from the AFDC grant, and her grant
is decreased to $233.00, effective February 1983.
Mr. Low pays his $200.00 child support payment to the Clerk
of the Court. The Clerk of the Court in turn forwards the
money to IV-D.
Will there be a "pass-through?" NO.
March child support collected •••...••....•.•••••... $200.00
March AFDC grant paid to family •••.•.••...•••..•..• $233.00
"Pass-th rough" . .
-59-
-0-
• How soon will a IIpass-throughll be sent to an AFDC appl icantjrecipient?
It will be sent no later than the AFDC payroll date of the
second month following the collection month.
-60-
• Why so long? When are IIpass-throughll monies determined?
IIpass-throughs ll are determined AFTER the close of the IImonth1 yll
account books. (The account books are closed the tenth day of
the month following the month of collections. This is to allow
time for ALL payments for that month to be received and properly
credited by the IV-D Program.)
APRIL
-61-
• If the books are closed on the tenth of the month following the month
of collection, why does it take so much time before a tlpas s- through tl
is issued to a--recipi.ent7
There are several involved and time consuming processes
that must be completed before a tlpass-throughll can be
determined.
• All payments must be posted to each individual absent
parent ledger.
• IV-A basic grant information, i.e., grant amount, budget
type, people on grant, etc., must be obtained.
• Court order information, i.e., monthly court ordered
support amount, for whom, effective dates, etc., must
be obtained.
It
l•
I I
1 JUNE I
I I
11-5-10-15-20-25-30 1
• A IIpass-throughll amount t if any, must be determined.
• Request for IIpass-throughll warrants must be made to the
Department of Finance via the Human Resources Accounting
Un:it. Once received t the warrants are mailed to. the AFDC
applicant-payee.
I APRIL I [vIAY
I I .f:':::\
I 1-5-10-15-20-25-30 .1-51!.9r15-20-25-30
Post payments.
Gather IV-A information.
Obtain Court Orders.
Determine "pass-throughs. tI
Request warrants.
Receive warrants.
Mail warrants.
-62-
• What if an AFDC grant has been suspended or terminated for a
collection month? Must that individual wait the same time
period for that "pass-through?"
No. If it is noted an AFDC grant has not been paid for the
collection month, a "pass-through" warrant for the collected
current support is immediately requested.
-63-
• Does IV-D ever notify the Eligibility Worker directly of the current
support monies collected?
IV-D will notify IV-A each month when all child support from all
absent parents meets or exceeds the AFDC grant paid to the
family.
-64-
What should be done with IIpass-throughll monies issued to the
applicant-recipient?
Nothing. This is money IIpassed-throughll to the AIR since it
cannot be retained by the State. It is NOT considered as
income against the AFOC grant. The ONLY time it would be
counted as income is if it IIpassed-throughll in error.
-65-
• If an AFDC grant is being resumed, reopened, or supplements issued
retroactive to a specific time, what should be done about "passthrough
ll monies?
Payments and Distributions Service (PADS) should be contacted
to see if any support was collected in the error month and
"passed-through." If so, the "passed-through" monies must be
counted as income.
-66-
•
APPENDIX
-67-
e LISTING OF FORMS UTILIZED BY BOTH IV-A AND IV-D e •
FORM FORM TITLE
WHO INITIATES* ISEND COPIES TO
IV-A I IV-D IV-A I IV-D
AS-006
AY-09l
AY-091A
AY-094
AY-125
AY-128
AY-132
AY-140
AY-146
CS-007
CS-029
CS-067
CS-075
CS-076
CS-084
CS-20l
CS-203
CS-22l
Official Receipt - Welfare Accounting
Absent parent Questionnaire
Requirements of Cooperation with Child Support Enforcement
IV-D Status Request and/or Update
Notice of Right to Claim Good Cause
Decision of Good Cause for Noncooperation
Notice of Claim of Good Cause
Assignment of Rights to Support
Requirement to Report and Del iver Support Payments
Notification of Direct Child Support and/or Alimony Received
Request for County Attorney Appointment
IV-A Referral Correct and Return Slip
Notification of Child Support Payments Received
Child Support Remittance
Information Referral/Correct AFDC Status Needed
Request for Additional Information
Notice of Failure to Cooperate
Compliance Notice
x
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
No
*NOTE: The initiator of a form should always keep a copy of the forms they have initiated in their case file,
unless instructions for that specific form indicate otherwise.
-68-
• LISTING OF IV-A FEDERAL REGULATIONS PERTAINING TO CHILD SUPPORT
ENFORCEMENT
232.11 Assignment of Rights to Support.
232.12 Cooperation in Obtaining Support.
232.20 Treatment of Child Support Collections Made in Child
Support Enforcement Program as Incomes and Resources
in IV-A.
232.30 Cost Allocation; Joint Staff and Service Staff.
232.40 Claiming Good Cause for Refusing to Cooperate.
232.41 Determination of Good Cause for Refusing to Cooperate.
232.42 Good Cause Circumstances.
232.43 Proof of Good Cause Claim.
232.44 Participation by State IV-D Agency.
232.45 Notice to the IV-D Agency.
232.46 Granting or Continuation of Assistance.
232.47 Periodic Review of Good Cause Determination.
232.48 Record Keeping in Good Cause.
232.49 Enforcement Without the Caretaker's Cooperation.
-69-
