Lets-be-realistic 5.0 MB

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Transcript Lets-be-realistic 5.0 MB

Let’s Be Realistic
Ability to Pay
Kansas Practices/Outreach
Establishment of Orders
Modification of Orders
Collection of Arrears
Ability to Pay
• Reliable support for children is our primary purpose.
• Federal requirement to determine support using Guidelines
• Federal requirement to review and adjust support amounts according to
changes in income
• Current support set according to ability to pay is more likely to be collected
at 100%.
• Obligations set according to ability to pay are proven to minimize the accrual
of burdensome arrears.
• Research shows when support amounts are not based on the parent’s ability
to pay, children are less likely to receive support. This directly affects:
Current support payments
Parental Involvement with Children
Cooperative Parenting / Family conflict
Department of Health and Human Services, Office of Child Support Enforcement, Child Access and Visitation Programs: Participant Outcomes,
2006. Jessica Pearson, Building Debt While Doing Time: Child Support and Incarceration, The Judges’ Journal Vol. 43, 2004.
Project to Avoid Increasing Delinquencies
• setting appropriate
• employing early
• order review and
• improving locate and
enforcement, and
• managing existing
Judicial Bench Card
OCSE Judicial Bench Cards and
Fact Sheets
• Issuing Realistic & Enforceable Orders
• Entering Default Orders
• Ordering Retroactive Support
• Establishing Realistic Child Support Orders:
Engaging Noncustodial Parents
• Effects of Child Support Order Amounts on
Payments by Low-Income Parents
National Studies and
• Setting Appropriate Child Support Orders: Practical
Techniques Used in Child Support Agencies and
Judicial Systems in 14 States (2007)
• Integrating Problem-Solving Court Practices into the
Child Support Docket (2008)
Kansas Practices
Kansas implemented the following practices to assist
parents in meeting their child support obligations:
• Establish realistic orders based on the ability to pay
• Early Intervention
• Work with the parties to obtain agreed orders for child
support and give NCP a reduction in state arrears
(if applicable) on voluntary orders
• Actively modify orders
Kansas Outreach
CSS staff have provided education on paternity and
the IV-D program:
•Correctional Facilities: El Dorado, Hutchinson,
Larned, Topeka, Winfield and soon Leavenworth
Federal Facility
• DCF staff in other divisions
• Hospitals
• Health Departments
• Community events
Establishment of Orders
• Right sized orders from the beginning.
• Effective date needs to be in the future, not
in the past.
• Modification done from zero to some
amount, should be handled the same
as establishments.
Ways to Improve Current Support
•Reach out to NCPs to avoid default orders
• Search out actual past income to avoid imputing
• Minimize the time period for reimbursement or
retroactive support
• Immediately link NCPs with employment services,
education, transportation, and parenting
• More than three years has passed since order for support, last
modification, or modification review.
• No child support was entered in the order, but CP/CH have an
open mandatory program.
• Required to establish child support order if CP/CH open
TANF or Childcare.
• Not required to seek cash support order if CP/CH only
open MA.
• Change in circumstances that may result in a +/‐10% change in
child support amount. Examples of this:
• Change in income, employment, living expenses, health
care costs, child care expenses
• Change of custody
• Emancipation of one child in the order
• Children moving to a different age category
• Either parent requests modification.
• Simplify the financial statement – use the short
form DRA if allowed in your Judicial District
• Persist in contacting NCP and current employers
• NCP may be on TANF or in county jail
• CP can be a source of information
• Use past employment / income
• Impute only as last resort, and then with reason;
i.e. 30 hours/week
How to Increase Arrears Collected
•Timely review and modification of obligations
when income changes
•Consider compromising state-owed debt
•Examine other states’ model programs
•Engage NCPs in linking to resources
Kansas IV-D Case Incentives
Ince ntives fo r State A rrears A djustm e nts
The K ansas C hild Suppo rt Pro gram w ill give cre dit tow ards State arre ars fo r the fo llow ing ince ntive s:
C om ple tio n o f G ED ; Vo catio nal Schoo l; Tw o ye ar de gre e ; B ache lo rs; O SH A ; Fo rklift ce rtificate;
C ulinary ce rtificate ; Te ch Ed : co lle ge de gre e
C hild Suppo rt Savings Initiative (aka 52 9 P ro gram )
C lasse s
P rocess to receive credit unless otherw ise noted by the specific incentive/class:
T he N C P w ill need to provide C S S a copy of hours spent in classes, signed by the instructor
that includes the class’s agency’s letterhead and a signed release so C S S can verify the
inform ation
T he w orker w ill review the case to ensure there is enough U R A and obtain their supervisor’s
approval for the credit (for certificates, it m ust be approved by T risha T hom as)
If there is not a child support case w ith D C F or no state arrears ow ed, the w orker needs to
send a letter to the N C P indicating they do not qualify for the reduction and w hy N A R R A T E !.
O nce it is approved, the w orker w ill send a request to finance to m ake the adjustm entNARRATE!
A fter the adjustm ent, the w orker w ill need to notify the N C P that the credit has been applied
and notify legal so a partial satisfaction of judgm ent can be filed - N A R R A T E !
T he supervisors are responsible of tracking credits received and forw ardin g the inform ation
to their regional C S S P rogram A d m inistrator
Q uarterly, the C S S P A s w ill notify C entral O ffice (Sarah Z ale) of the credits that have been
G .E.D . Incentive/C ertificates
The C SS P ro gram w ill give $1 00 0 cre dit tow ards State arre ars fo r N CP s w ho o btain the ir G .E.D . afte r
N o vem be r 1 , 20 12 . In additio n, the sam e am o unt o f cre dit can be applie d if the N C P rece ive s ce rtain
type s o f ce rtificate s. Fo r Te ch Ed, the cre dit to w ards State arre ars w ill be $1 ,50 0 and fo r a co lle ge
de gre e w ill be $ 2 ,00 0 . (any questions, ask T risha T hom as or M elissa Johnson for guidance)
N o te fo r p ro cess: The N CP w ill ne e d to provide C SS a co py o f the ir diplom a/ce rtificate
C hild Support Savings Initiative
The C SS P ro gram w ill give cre dit o f $2 .00 to w ards State arre ars fo r eve ry $1 .00 that is paid into the C SSI
5 29 co lle ge savings acco unt as lo ng as the m o nthly curre nt suppo rt and $1 .00 tow ards arre ars is
re ce ive d at the KP C the sam e m o nth the de po sit into the 52 9 co lle ge savings acco unt is m ade .
N o te fo r p ro cess:
The w orker w ill need to refer the N C P to Sarah Zale at 1 -88 8 -6 32 -77 58 or [email protected] dcf.ks.gov
The description inform ation and application can be found on the public D C F w ebsite. W e have
brochures w e can provide for your lobby or to hand out.
The deposits w ill be review ed on a quarterly basis and Sarah Zale w ill subm it a request to finance
to have the adjustm ent m ade and send a letter to the N C P notifying them of the adjustm ent
Sarah Zale w ill em ail the w orker to notify them of the adjustm ent
•Education: GED, High School
Degree, Vocational/
Technical School, Two year
degree, Bachelors Degree
• Child Support Savings Initiative
• Approved Classes in Financial
Counseling, Parenting,
Fatherhood, Workforce
Kansas Child Support Savings Initiative
Kansas Child Support Savings Initiative
In June, 2013 Kansas Department for Children
and Families began a partnership with the
State Treasurer’s Office to allow Noncustodial
Parents to establish 529 higher education
savings accounts for their children and receive
reductions in arrears owed at the same time.
Kansas Child Support Savings Initiative
Core Criteria:
• Child is still a minor.
• Current support plus $1 towards arrears are
paid in the same month as deposit into the 529.
• If arrears only then $1 is paid towards the arrears in
the same month as deposit into the 529.
• 529 deposits must be made separately from child
support and mailed direct to Learning Quest.
Kansas Child Support Savings Initiative
State owed arrears: For every $1 deposited into the
529 account in qualifying month, $2 of state owed
arrears will be forgiven
Custodial parent owed arrears: For every $1
deposited into the 529 account in qualifying month,
$1 will be sent to the KPC and distributed as arrears
payment to custodial parent
Kansas Child Support Savings Initiative
As of June 2, 2014:
• 35 savings accounts opened
• $17,313.17 invested in 529 accounts
• $34,992.58 State arrears forgiven as of May 2014
Forms found at
Information can be obtained by calling 888-632-7758.
Barbara Lacina
Acting Regional Program Manager
Region VII - Office of Child Support Enforcement
Administration for Children & Families
[email protected]
Melissa Johnson
Deputy Director
Kansas Child Support Services
Department for Children and Families
[email protected]