CHILD SUPPORT:
WHAT YOU NEED TO KNOW
NYC HUMAN RESOURCES ADMINISTRATION
OFFICE OF CHILD SUPPORT ENFORCEMENT
Presentation to Parent Coordinators NYC Dept. of Education
COMMON TERMS
• Custodial Parent (CP) – parent living with and caring for the child on a daily basis
• Non Custodial Parent (NCP) – parent not in the household
• Child Support Management System (CSMS) - Each case has a unique alpha-numeric identifier.
• Support Collections Unit (SCU) - OCSE
• Support Obligation - amount identified by the court to be paid on a weekly, monthly , bi-weekly or semi-monthly basis
• Acknowledgement of Paternity (AOP) – legal fatherhood
COMMON TERMS
• Income Execution-(IEX) The withholding notice sent to employer requiring them to withhold
money from NCP’s wages
• Add Amount – Additional amount to be taken when NCP has arrears or delinquency.
• Arrears – An amount identified by the court as owed by the NCP to DSS or the CP
OUR MISSION
•
To ensure that NYC’s children receive the
financial and medical support to which
Both parents should bear the cost of
raising a child
• Estimated annual expenditures on a child 0-2 years old by single-parent
families making less than $45,800 before taxes (2007).
• Numbers are
national average. For NYC, costs are higher. Total: $6,490 $2,660 $1,180 $870 $310 $290 $760 $420 Housing Food Transportation Clothing Healthcare
Child care and education
TODAY’S OBJECTIVES
•
Overview of the child support program.
•
Available programs to Help Low Income
Parents.
•
Address questions we are asked often.
BASIC FACTS
•
New York State Supervised/ Locally
Administered
•
Enforce all court orders payable to SCU
•
All orders created by Family Courts
(Supreme Court in divorces)
WHO DO WE SERVE?
•
Cash Assistance-based
– Child(ren) on CA
– A parent absent from the home
– DSS Commissioner bringing action
– Representation by Office of Legal Services
•
Non-Cash Assistance-based
– Child(ren) not on CA
– A parent absent from home
WHERE TO FIND US
• CA Cases
Borough Offices: – Bronx, Manhattan, – Brooklyn & Queens
• Non-CA Cases
– Family Courts
– OCSE’s Family Court Support Services
Offices (formerly SCU)
– Bronx, Manhattan, Brooklyn, Queens & Staten Island
•
For Assistance
• Customer Services
• Centralized Location
CY 2008 & 2009 STATISTICS
• NYC Collections
• 2009 Collections= $677,912,626
• 2008 Collections
– Total Collections = $670,590,732
– Families on CA = $37,627,126
– Formerly CA = $215,941,148
– Never CA = $417,022,458
• # cases on CSMS
– 412,239
• # cases with Court Orders
– 305,995
• # cases without Court Orders
OUR SERVICES
• INTAKE
• LOCATION
• PATERNITY ESTABLISHMENT
• SUPPORT ORDER ESTABLISHMENT
• SUPPORT COLLECTIONS
INTAKE
9 Any activity associated with the opening or maintenance of a case
• Referral to OCSE due to CA participation
• CP not in receipt of CA completes form DSS 2521-Child Support Application
• What we need
– Personal Information on NCP (Name, SS#, DOB, Family info,
employment, address, etc.)
– Info on CP & DC (Names, DOB, SS#s, Paternity status, marriage/divorce info, address, etc.)
LOCATING THE NCP
9
Whereabouts of the NCP are identified
and verified
• Data Matching
– Wage Reporting System
– New Hire Reporting - W4
– IRS
– Social Security
– Dept. of Defense
– Federal & State Parent Locator Services
SUMMONS SERVICE
9 Summons - Notice to appear in court on specific date and time
• Served by adult over age 18
• Must be served for case to proceed
• Served at least 8 days prior to hearing
• Verified address (mail, residential, employment)
Why bother establishing an order
when NCP is unemployed ?
•
We can help Non-Custodian Parent:
OSCE Employment vendor programs
• STEP (Support Through Employment Program) • EOP (Employment Opportunity Program)
PATERNITY ESTABLISHMENT
9 Biological & legal father of child born out of wedlock is identified
• The Voluntary Acknowledgement of Paternity Form
– For parents not married to each other
– Parents must be certain before signing
– Legally connects child to parents
– Allows father’s name to be placed on child’s BC
– Legal document when signed and submitted
– Secures a child’s rights to benefits and/inheritance (SSI, Veteran, Death)
– Basis for a child support order
How is paternity established?
• Voluntary ProcessAre you the biological parent?
– Yes
¾Complete, sign & submit AOP form
– Not sure
¾Should not sign AOP form
¾Get DNA test OCSE then complete AOP form
• Family Courts
– No/not sure/mother still married/decease parent
– DNA testing
THE SUPPORT ORDER
9 The process of obtaining a court order that identifies the support amount to be paid for the care of the child including medical
coverage
• Identify Sources of Income for both parents
• Wages, salary, investments, Pension, UIB, etc.
• Deductions Limited to:
• NYC Taxes
• FICA (Social Security taxes)
• Other Child Support order(s) actually being paid
THE SUPPORT ORDER
35% 5+ children
31%
4 children 29%
3 children 17%
1 child
APPLYING THE Child Support Standards Act (CSSA)
• Determine source(s) of income
• Allowable Deductions
• No. of children = 1
Sample NCP support order
• Adjusted Gross Income $35,000.00
• 17 % (1 child) $ 5,900.00
• Weekly Order $ 114.42
Medical Support mandatory
THE SUPPORT ORDER
Cont’d.
•
At the hearing, the order issued will be
retroactive to the date the petition for child
support was filed.
– If order for $100/mth is issued on March 6th, 2008 and petition was filed on December 3rd, 2007, the
THE SUPPORT ORDER
• Case may be adjourned for 1st non-appearance
• Personal service for summons delivery
• Default order issued if second non-appearance
• Default order based on needs of family not what NCP can afford (CA grant or available financial info)
SAFEGUARDS FOR THE NCP
•
Self Support Reserve
– $14,620 (2009)
– If NCP income below Self Support Reserve, minimum order of up to $50
•
If NCP at poverty level
– $10,830 (2009)
– Minimum order of up to $25
– $500 cap on past due
What if order is more than NCP
can pay?
Modifications
• Petition Family Court
• Can be Downward Modified
• Must demonstrate an major change in circumstances
Objections
• File within 35 days of receiving order via mail
Telephonic Testimony
COLLECTIONS
9
Collection, accounting and distribution
of funds for child support
• Primary instrument of collections is IEX
• At least 70% of monies are collected via IEX
• IEX sent to Employer and NCP
What to do if you have multiple
Income Execution (IEX)
•
One case & multiple IEXs
•
Notify OCSE
–
If required amt is being remitted as
result of first IEX, OCSE will correct
–
If required amount not being remitted in
full by first IEX, then multiple IEXs
Where does the collected money go?
If children are on Cash Assistance:
– CP will be receive up to $100 of current support collected per month.
– Remaining funds retained by government to pay back CA.
If children are not on Cash Assistance:
– All money goes to CP.
ARREARS & DELINQUENCY
•
Delinquencies tracked by OCSE
•
Arrears set by Court & tracked by
OCSE
•
Trigger enforcement actions
SUPPORT ENFORCEMENT
9 Delinquent child support accounts are
monitored and action taken to collect amount past due
• Based on non payment
• Threshold = $$ amount or time period
WHAT IS THE ADD AMOUNT?
•
Administrative process to reduce
delinquency/arrears
•
Consumer Credit Protection Act
– Can withhold up to 65% of NCPs income
•
Add amount
– Orders with Current Support
SUPPORT ENFORCEMENT
• ADMINISTRATIVE
– DRIVERS LICENSE SUSPENSION & PASSPORT REVOCATION
– INCOME TAX & LOTTERY PRIZE INTERCEPT – BANK ACCOUNT SEIZURES
– CREDIT BUREAU REPORTING – PASSPORT DENIAL
• COURT
– VIOLATION PETITIONS
– NY STATE PROFESSIONAL LICENSE SUSPENSION
– REFERRAL TO US ATTORNEY GENERAL’S OFFICE
Example of Administrative
Enforcement: Bank Accounts
• 2 or more months delinquency
• Arrears of $300 or more
• Cases paying by IEX included
• Paying via IEX =Assets balance of $3,000 or more
Example of Administrative
Enforcement: Tax
Refund Intercept
• Notice to NCPs in August
• Delinquent cases to DTF & IRS in October & December
– Pass due of as little as $50 for 2 + months
• NCP files taxes
• NCP notified of intercept by IRS/NYS DTF
• OCSE receives money 2-3 months later
What happens if CP is victim
of domestic violence?
• CP on CA based cases referred to DV Liaisons
• DV Liaison can issue waivers
Partial Waiver (action by OCSE)
Full Waiver (no action by OCSE)
• Waivers expire
• Information protected
How can NCP see his child(ren)?
• Custody and visitation are not discussed at the child support hearing and are not included in the child support order.
• Contact Parent Help at (800) 716-3468
• Ask in Family Court about the
Custody/Mediation Visitation program
• File a petition in Family Court for enforcement of visitation rights (separate from child support
WHAT IS COLA?
•
Cost of Living Adjustment
– Case eligible after 2 years
– Based on CPI-U
– CPI-U must be 10% or greater
– Cases from Yr 2005 eligible
– CA cases automatic updates notices
– Non-CA cases must request from OCSE
What if…
• NCP or CP moves?
– Need to provide OCSE with new contact information – Impacts: Payment
distribution/Notifications/Enforcement
• CP or NCP’s circumstances change?
– Job loss
– Working fewer hours – Incarceration
– Needs of child increases – Change in custody
How can NCP get his license back?
• If NCP has an active benefit card…i.e. Cash asst. Medicaid or food stamps. Present card at our customer service
location.
• Respond to notices
• If NCP is delinquent
– Pay what is outstanding or
– Sign statement of Net worth and Confession of judgment
– Accept payment agreement
– Comply with the agreement
Programs to help NCPs
•
STEP
(Support Through Employment Program)– Court based program for NCPs
•
Expanded Employment Opportunity Program
•
Modified DSS Order Initiative/Arrears Cap
(2009)
Programs to help NCPs
NYS NCP Earned Income Tax Credit
• Incentive for those who pay child support
– Offered only by NYS- form IT-209 – Must be at least 18 years
– Earnings of up to $35,500
– Must have paid 100% of child support due for tax year – Must not reside with CP and child
Advise for clients
• Always pay something rather than nothing
• Read and respond to all notices
• Go back to Courts when your circumstances change
• Follow the court order and pay to OCSE not the CP.
We cannot credit you for what we did not receive.
• Do not wait for the employer to begin making
RELEVANT
CHILD SUPPORT INFORMATION
¾ Customer Services Unit
¾ 151 West Broadway, 4th floor
Monday – Friday – 8:00 am – 7:00 pm Saturday 9:00 am – 5:00 pm
¾ Help Line:
888-208-4485
¾ Automated Account Information Line
800-846-0773
¾ Participating Western Union Agents
¾ Web Sites:
www.newyorkchildsupport.com (access personal account info)
