Extraordinary Intergovernmental Topics Phi thường Außergewöhnlich Ekstraordinær Singulari Extraordinario Straordinario straordinario Italian Singulari Latin außergewöhnlich German phi thường Vietnamese Ekstraordinær Norwegian Extraordinario spanish 非凡な Japanese Colorado Family Support Council Crested Butte, CO Monday, June 4, 2018 Extraordinary Intergovernmental Topics

UIFSA Forms

CSE701 CSS Transmittal #1 Initial Request CSE704 CSS Transmittal #2 Subsequent Actions CSE706 Notice of Determination of Controlling Order CSE708 Declaration in Support of Establishing Parentage CSE710 CSS Transmittal #3 Request for Assistance/Discovery CSE713 Uniform Support Petition CSE714 General Testimony CSE716 Child Support Locate Request CSE720 Letter of Transmittal Requesting Registration CSE764 Child Support Agency Confidential Information Form CSE765 Personal Information Form for UIFSA 311 CSE766 Child Support Agency Request for change of Support Payment Location Pursuant to UIFSA 319

CSE764 Child Support Agency Confidential Information Form Intended to safeguard the privacy of individuals to record personal information on a separate document that is not served on the parties or filed with a tribunal. CSS Agency use only Do not file with court or provide to other party Provide this document when requesting: Establishment Registration/Enforcement Registration for Modification/Enforcement

CSE765 Personal Information Form For UIFSA 311 Intended to safeguard the privacy of individuals to record personal info on a separate document rather than requiring it to appear on all forms needed to process the case. May be filed with the tribunal Should not be filed in a public access file Provide this document when requesting: Nondisclosure Establishment Registration for Modification/Enforcement Info on this form may be disclosed to the parties unless Nondisclosure is marked.

CSE766 Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA 319 May be used by a IV-D agency providing services to an obligee, to make a request to the order-issuing state to change the payment location of the order. May be filed with the tribunal Info on this form may be disclosed to the parties unless Nondisclosure is marked The following must exist for this request: The obligee is receiving IV-D services in CO A tribunal in the requested state issued the support order; AND Neither the obligor, the obligee, nor the child(ren) reside in the order-issuing state

Request for Assistance/Discovery Transmittal #3 Requests for: Copies of Orders Copies of Payment Records Assistance with: Service of Process Genetic Testing Teleconference/Hearing Administrative Review Discovery AEI Payment Forwarding Used when a IV-D agency needs limited assistance from another IV-D agency, but does not want the other agency to open a IV-D Case. Must cooperate. Whenever possible, a CSE Transmittal #3 should be sent using CSENet.

Requesting/Completing Transmittal #3 Sending the request to the state CO has initiated to? Complete Supplemental Data Screen Send via CSENet Request DOCGEN Sending the request to any other state? Complete Transmittal #3 manually Send to the Central Registry of the State in which you are requesting information. Blank forms available on OCSE website. Handout Talk about future re: ACSES programming

Registering Another State’s Order? CSE720 Letter of Transmittal Requesting Registration. If there are fields that are not appropriate, leave them blank.

Tribal IV-D Programs Forms May use Federal Forms Tribes are not required to use or accept Federal Forms Contact Tribal IV-D Agency Contact Info on OCSE Website - HANDOUT Where forms request a locator code, note that tribal locator codes uniquely identify tribal cases with “9” in the first position, 0 (zero) in the second position, and then a 3-character tribal code defined by the Bureau of Indian Affairs (BIA)

Documents will not print from DOCGEN Menu or CSE Tools Printing UIFSA Forms REQUIREMENTS: Completion of all fields on the Supplemental Data Screens Request CSENet/Print from the Supplemental Data Screens Documents will not print from DOCGEN Menu or CSE Tools

Overview Changes in UIFSA Changes from 1996 to 2001 Modification jurisdiction Telephonic hearings Redirection of payments Affidavit of nondisclosure International Provisions Changes from 2001 to 2008 Changes were made to accommodate the new Hague Convention Changes some definitions and provides procedures for Hague Convention cases

Receipt and Disbursement of Payments § 319 Redirection of Payments § 319 A procedure under which the child support enforcement agency in the state where the custodial parent is receiving services may take over the accounting and payment processing functions on behalf of the issuing tribunal. This is not new but needs clarification The controlling order is not modified – it remains an order of the issuing state and the issuing tribunal remains responsible for ensuring an accurate accounting of the obligor’s payments. The only change is where the obligor sends the payments.

Change of Payee under § 319 Upon the request of a child support enforcement agency, either the support enforcement agency of the issuing state or a tribunal of the issuing state – depending upon state law – must: “direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; AND issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.”

What does this mean for Colorado County CSS? Requests received from other jurisdictions asking CO to “Redirect” the payment location are handled within the Central Registry at the State Office.

Be Cautious! The term REDIRECT is used interchangeably: Redirect may mean: Enforce and redirect – NCP resides in CO; CO Order; full UIFSA packet required Change payment location – Neither party reside in CO; CO Order; State Office handles request Option S Redirect – Application for services in CO; neither party reside in the order-issuing state; out-of-state order; county requesting that order issuing state redirect their order to send payments directly to CO where the CP is receiving services

Accounting under § 319 Upon request, the support enforcement agency of a state receiving such redirected payments on behalf of the issuing order state is required to furnish, to a requesting party or tribunal of the order state, a certified statement by the custodian of the record of the amount and dates of all payments received. The accounting is only required upon request.

UIFSA 2008 Section 102 Key Definitions “state” “foreign country” “outside this state” “Convention” “record” “support order”

International Topics/Resources Currency Conversion Jurisdiction to Modify Foreign Orders Mandatory Convention Forms Central Authorities Hague Convention Language Requirements Convention Forms

International Provisions Currency Conversion UIFSA 2008 – a support enforcement agency that is seeking registration and enforcement of a support order, arrears, or judgment stated in a foreign currency, is required to convert the amounts into the equivalent amounts in dollars under applicable exchange rates. § 307(d) Foreign countries do not have UIFSA, and sometimes do not provide the exchange rate when asking for enforcement.

Currency Conversion Registration does not modify the currency of the order. If the order states an amount in euros, that is what is owed even when collected in U.S. dollars. No federal statute or policy, controlled by local law or policy. Suggested best practice is to use the conversion date of the payment – the obligation of $100 Canadian is due today, paid today, conversion rate is today. If arrears accrue, in Canadian dollars, then amount paid on arrears is converted on the day it is paid. The accounts of the agencies enforcing will never agree – account of agency in jurisdiction where order was entered should control.

Jurisdiction to Modify Foreign Orders New Section 615: Authorizes a U.S. tribunal to modify a foreign support order when a tribunal of the foreign country or political subdivision would have jurisdiction to modify its order under the rules of UIFSA, but under the law or procedure of that foreign country or political subdivision, the tribunal will not or may not exercise that jurisdiction to modify. Requires personal jurisdiction over parties. New order is the controlling order.

Convention Forms Two forms mandated by the 2007 Convention: Annex 1 to the Convention – Transmittal Form under Article 12(2) Annex 2 to the Convention – Acknowledgement Form under Article 12(3) Hague Child Support Convention Forms OMB 0970-0488

Central Authorities All Convention countries must designate a Central Authority to discharge the duties that are imposed by the Convention on such an authority. In the U.S. this is OCSE. Countries with more than one jurisdiction or system of law may appoint more than one Central Authority and shall specify the territorial or personal extent of their functions. OCSE has designated the IV-D agencies of the various U.S. states to send and receive applications and for case management.

International Resources https://www.acf.hhs.gov/css/child-support-professionals

Hague Convention As of January 1, 2017, U.S. states process cases with 35 countries under the requirements of the Hague Child Support Convention and article 7 of the Uniform Interstate Family Support Act (UIFSA) 2008.

Foreign Reciprocating Countries (FRCs) Australia Israel El Salvador Canada Switzerland Foreign Reciprocating Country A country that is not included in the Hague Convention, however, the U.S. has reciprocity with these countries:

Resources https://www.acf.hhs.gov/css/partners/international

KEEP CALM AND CONTACT “INASST”!