Child Support Payment Redirection Under UIFSA 319: Guidelines and Considerations
Explore the guidelines and considerations for redirecting child support payments under UIFSA 319, including state-imposed restrictions, collaborative decision-making, and important points to consider when implementing redirection. Learn about the key factors and processes involved in interstate child support enforcement.
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Presentation Transcript
UIFSA 319 Redirection of Child Support Payments NATIONAL COUNCIL OF CHILD SUPPORT DIRECTORS ANNUAL MEETING JUNE 22, 2016
Background Sections 307(e) and 319(b) & (c) were added to UIFSA 2001 New payment redirection option for state agencies Available only when everyone has left order-issuing state Must be requested No Change to UIFSA Redirection in 2008 All States Have Enacted UIFSA 2008
NCCSD Concerns Meeting with NCCSD s Intergovernmental Workgroup NCCSD s Letter to OCSE on Appropriate Cases for UIFSA Redirection Parties do not live in same state Issuing-order state has no assigned arrears No other IV-D cases for parent owing support in order-issuing state Parent owed support is receiving IV-D services in new state
OCSE Guidance Draft Interstate Child Support Payment Processing Action Transmittal Draft provided to NCCSD to allow IV-D Directors to collaborate and decide on whether to implement state-imposed restrictions to UIFSA 319 use One collective response from NCCSD, not individual state responses States must work together on interstate child support enforcement
OCSE Guidance Draft AT provides guidance on: One-state remedies and direct income withholding Interstate IV-D case referrals Payment forwarding between states 319 Redirection NCCSD should consider all options in deciding on 319 restrictions
OCSE Guidance UIFSA 319 Guidance Important points: States must consider all options on most appropriate services for individual case Cases where support is being paid Cases where support is not being paid Cases where the order-issuing state does not have an open IV-D case
OCSE Guidance Important points (continued): If UIFSA 319 redirection is requested, order-issuing state s terms including interest rate must be applied Importance of accurate payment records UIFSA 319(c) requires requesting state to provide details of all payments received when requested by order-issuing state UIFSA 319 does not prohibit redirection request in cases where order-issuing state has assigned arrears
Going Forward NCCSD collaboration over next month Procedure if consensus is reached Going forward if no consensus is reached
UIFSA 319 Redirection Procedure Imposes limited duty on order-issuing state to redirect payments Either child support agency or tribunal may direct payments to new location New location must be SDU in state where parent owed support is receiving services
UIFSA 319 Redirection Procedure Redirection procedure 319(b) provides that either IV-D agency or tribunal shall direct that support payments be made to state providing services to parent owed support Employer Notification 319(b) allows for either income withholding order or administrative notice of change of payee to employer
