Guideline Calculator Where are we now… and where are we going?

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Presentation transcript:

Guideline Calculator Where are we now… and where are we going?

Speakers Speakers –Janissa Boesch Certified Trainer DCSS Statewide Training Section –Karen Quesada Senior Attorney, Ventura DCSS –Adele Hendrickson Director/Attorney, Tuolumne DCSS

Janissa Boesch Janissa Boesch –A Year in Review… Wishes Do Come True! –Ensuring Confidentiality –Public GC Training for the Courts –Lessons Learned –CSE Training for the Courts –Changes Still to Come

A Year in Review… Wishes Do Come True! A Year in Review… Wishes Do Come True! –2007 CSDA Conference –News from the Feds –Chain Reactions

Ensuring Confidentiality Ensuring Confidentiality –Giving Courts Access to CSE? –What About Confidentiality? –That’s a Unique Approach

Public GC Training for the Courts Public GC Training for the Courts –Training Requirements Training by Peers Training by Peers Courtroom Setting Courtroom Setting DCSS and LCSA Support DCSS and LCSA Support –Moving Up the Deadline! –Rushing T4T

Lessons Learned Lessons Learned –First Regional Training –A Few Adjustments –Taking the Courts from Skepticism to Enthusiasm –Relinquishing Ownership –What About Us?

CSE Training for the Courts CSE Training for the Courts –Demonstrate how the Courts will access and use CSE

Changes Still to Come Changes Still to Come –November Tax Year: Drop-down box Tax Year: Drop-down box Tax Settings: Other State Tax Rate = 0, Exclude California State Income Taxes, and Exclude California State Disability Insurance Tax Settings: Other State Tax Rate = 0, Exclude California State Income Taxes, and Exclude California State Disability Insurance Monthly Hardship Deduction Calculation: Add a new field under “Enter Dollar Amount for Family Code 4071(b) Children,” namely, “Number of Other Family Code 4071(b) Children” Monthly Hardship Deduction Calculation: Add a new field under “Enter Dollar Amount for Family Code 4071(b) Children,” namely, “Number of Other Family Code 4071(b) Children”

Changes Still to Come Changes Still to Come –December Prior Period Date Range Prior Period Date Range Tax Settings: Exclude Self-Employment Tax, State Tax Exemptions (RDPs), Other State Tax Amount, and Deduction type when parents are married to each other filing separately = Itemized Tax Settings: Exclude Self-Employment Tax, State Tax Exemptions (RDPs), Other State Tax Amount, and Deduction type when parents are married to each other filing separately = Itemized Results Summary Page: Net Income After Support, State Tax Exemptions (RDPs), Federal Adjusted Gross Income, Federal Taxable Income Results Summary Page: Net Income After Support, State Tax Exemptions (RDPs), Federal Adjusted Gross Income, Federal Taxable Income Summary Report: State Tax Exemptions (RDPs) Summary Report: State Tax Exemptions (RDPs)

Changes Still to Come Changes Still to Come –Demonstrate one-page data-entry layout

Karen Quesada, Ventura County Karen Quesada, Ventura County –Introduction of GLC –Commissioner’s concerns –Federal Certification Review –PowerPoint presentations –Additional Training –GLC in the Courtroom –Continued relationships

Introduction of the GLC Introduction of the GLC –Background January 2008 Ventura County notified of Office of Child Support Enforcement (OCSE) visit to the Courts January 2008 Ventura County notified of Office of Child Support Enforcement (OCSE) visit to the Courts Courts not accepting GLC Courts not accepting GLC

Commissioner’s Concerns Commissioner’s Concerns –Accuracy Allocations in Split Custody matters Allocations in Split Custody matters Tax Settings Tax Settings –Accessibility Public Public Private Attorneys Private Attorneys Courts Courts

Federal Certification Review Federal Certification Review –New Commissioner Assignment Limited Family Law experience Limited Family Law experience –Increased Commissioner Involvement Limited experience with the DissoMaster Limited experience with the DissoMaster Amenable to learning a new program Amenable to learning a new program

PowerPoint Presentations PowerPoint Presentations –Family Law Judges, Commissioners, and Family Law Facilitator’s Office –Private Bar – CSE GLC Web Link –Presentation Topics Side by side comparison of the DissoMaster and the GLC Side by side comparison of the DissoMaster and the GLC In depth discussions on the tax settings, allocations, filing statuses, etc. In depth discussions on the tax settings, allocations, filing statuses, etc. Question & Answer Period Question & Answer Period

Additional Training Additional Training –Case Samples Practical Examples Practical Examples Side by Side Analysis Side by Side Analysis –Written Materials GLC Tax Settings Cheat Sheet GLC Tax Settings Cheat Sheet GLC Worksheet GLC Worksheet GLC Field Definitions GLC Field Definitions

GLC in the Courtroom GLC in the Courtroom –DissoMasters are banned –Not a single objection to the GLC

Continued Relationships Continued Relationships –GLC Updates –Referrals to state website –Available by phone to answer questions

Adele Hendrickson, Tuolumne County Adele Hendrickson, Tuolumne County –Role of LCSAs in court use of CSE –Rule 5.275: all participants in IV-D to use CSE –GLC practice pointers –How changes in the GLC are communicated and trained: current and future –Reporting GLC problems –How the GLC gets “FIXED” –Open issues –Resources for GLC issues

Role of LCSA in court use of CSE Role of LCSA in court use of CSE –Reformatting court caption number in CSE to conform to court record to facilitate court search. –Adding children in CSE which are not part of the active case but which are needed for an accurate calculation. –Linking court active guideline calculation to the court order in CSE HANDOUT: LCSA support activities for court use of CSE

Rule 5.275, effective 1/1/09 Rule 5.275, effective 1/1/09 Rule Standards for computer software to assist in determining support ….. (j) Acceptability in the courts (1) In all title IV-D proceedings, parties and attorneys must use the Department of Child Support Services’ California Guideline Child Support Calculator to calculate proposed support. The court must use only the Department of Child Support Services’ California Guideline Child Support Calculator to prepare support calculations and as the basis for its findings. (2) In all non-Title IV-D proceedings, the court must permit parties or attorneys to use any software certified by the Judicial Council under this rule. NOTE: Rule is applicable to private counsel, Family Court Facilitators, litigants Review of public comments to Rule change

GLC practice pointers for LCSAs GLC practice pointers for LCSAs

Standard language for Generation Reason Standard language for Generation Reason GenerationReason

–Initial S&C –Amended Prop J or APJ –Amended S&C –Supp S&C –R&A – preliminary calculation –R&A – for NOM to be filed –R&A xx% visitation (example where there are multiple GCs for a case with only visitation time variations) –Prep for HRG on xx/xx/xx –Prep for HRG on xx/xx/xx xx% visitation –HRG xx/xx/xx CSEGC (where GC was created in court and is or will be attached to an order/judgment) –HRG xx/xx/xx RECALC (where another calculator is used for the order and recalculation is necessary. This includes the use of the public calculator by the court.) Generation Reasons Generation Reasons

HANDOUT: Section from Tuolumne County Procedure Manual on Support Calculated Activity log Standardized log format to Enter Notes re Calculations Standardized log format to Enter Notes re Calculations –Activity type: Miscellaneous Miscellaneous –Category: Legal Legal –Subcategory: Guideline calculation Guideline calculation

DRAFT DRAFT Calculation is temporary and subject to change. Calculation will be deleted after 30 days. Hint: Save calculations for court preparation as ACTIVE so they will still exist by the time you go to court. ACTIVE ACTIVE Calculation is final. INACTIVE INACTIVE Calculation is canceled. CSE will delete the calculation after 30 days. HISTORIC HISTORIC Calculation has been linked to an order in CSE or stored for historical purposes. Status Options Status Options

If the calculation is … Your status options are … DRAFTACTIVEINACTIVE NEWXX DRAFTXXX ACTIVE (read only) X INACTIVE (read only) XX HISTORIC (read only) TIPS: Any calculation can be “Saved as New Calculation” Any calculation can be “Saved as New Calculation” To EDIT an ACTIVE calculation, save it as INACTIVE, and then save it as DRAFT To EDIT an ACTIVE calculation, save it as INACTIVE, and then save it as DRAFT Status Options (continued) Status Options (continued)

Participants share practice pointers Participants share practice pointers

How Changes in GLC are Communicated and Trained How Changes in GLC are Communicated and Trained CURRENTLY: Biweekly Change Management teleconferences Biweekly Change Management teleconferences Training Coordinator webcasts Training Coordinator webcasts CSDA Annual Conference CSDA Annual Conference Local training Local training IN THE FUTURE: If it were up to you ??? If it were up to you ???

Reporting GLC Problems Reporting GLC Problems In subject line, enter: GUIDELINE CALCULATOR ISSUE Include: CSE case number and case name Brief summary of the issue Copy of the calculation

How the GLC Gets “FIXED” How the GLC Gets “FIXED” –Funding & timeframe of process Automation funding cap Automation funding cap APDU: Annual versus “As Needed” APDU: Annual versus “As Needed” –WAD (Working As Designed) “Defect” versus “Change” versus “Enhancement” “Defect” versus “Change” versus “Enhancement” –CMCC process General: RFC (Request for Consideration) General: RFC (Request for Consideration) Workgroups: Legal/courts Workgroups: Legal/courts

Open Issues Open Issues –Timing of updates in GLC to reflect annual tax changes –Availability of “stand-alone” version of GLC

Resources for GLC Issues Resources for GLC Issues –CSDA Legal Practices Committee –Child Support Central: –DCSS Attorneys Forums:

Questions? Questions?

Contact Information Adele Hendrickson (209)