1. IV-D Impact on Tribal Clerks of Courts 10:45 a.m. – 12:00 PM, July 15, 2009 National Tribal Child Support Association Ninth Annual Conference Attorney Paul Stenzel Stenzel Law Office, LLC www.paulstenzel.com

2. Impact of IV-D Overview 1.Summary of child support 2.Ongoing aspect of child support cases 3.Case management 4.Dealing with pro se litigants 5.Strategies 6.Forms

3. Summary of child support What is child support? –Support in the form of money or other consideration for meeting needs of children How does child support arise? –Paternity actions, divorce, other

4. Summary of Child Support

5. Summary of child support

7. Now what?

8. Impact of IV-D Paternity actions –Usually an action by the child support agency to establish a child’s father –Genetic testing –Other issues addressed at final paternity judgment: Custody and visitation Tax issues Health insurance

9. Impact of IV-D Who are the parties in a paternity action? –Tribal Child Support Agency –Mother –Father –Guardian ad litem (depends)

10. Impact of IV-D Guardian ad Litem – What is it? Attorney or advocate who represents the best interest of the child(ren). NOT a guardian Investigates and makes recommendations to the Court When starting IV-D, Court will need to establish a roster of Guardians ad litem.

11. Impact of IV-D Divorce –When husband and wife divorce, all of the rights and responsibilities of parents have to be divided: –Child support –Custody and visitation –Tax issue

12. Impact of IV-D ALTHOUGH child support is only one aspect of divorce and paternity cases, REMEMBER: the Court will be dealing with custody and visitation as well. The IV-D agency will not be involved with custody and visitation.

13. Impact of IV-D Other types of actions which may result in child support: –Foster care placements –Guardianships

14. Impact of IV-D After final judgment from paternity or divorce, the case remains open while the children are under 18. What are the implications of this? –Open files for years –Thick files –Institutional continuity –Number of cases

15. Impact of IV-D Child support, custody and visitation are all likely to need review and adjustment as circumstances with the family change.

16. Impact of IV-D What are the reasons parents might need to come back to court to modify child support and/or custody / visitation?

17. Impact of IV-D PRACTICE TIP: When noticing up a motion for visitation and/or custody modification, some clerks notice child support agency because there may be a change in support if the motion results in a change of visitation.

18. Impact of IV-D Case Management –Volume could be high depending on reservation population –Relationship with Child Support Agency –Case numbering – 09-PA-001 : 09-CS-001

19. Impact of IV-D Calendar Management –Reserve blocks of time for child support –Consider whether simple reviews could all be put on @ one time –Consider releasing a day to the CSA and let them schedule cases and send notices

20. Impact of IV-D Dealing with pro se litigants. Key concept is the difference between legal advice and legal information.

21. Impact of IV-D LEGAL ADVICE Legal advice means advising someone what to do. Usually involves action “You should file a motion.” LEGAL INFORMATION Legal information is information only The person makes their own decision about what to do. “If you want the Court to do something, make a request in writing.” FORMS

22. Impact of IV-D Review 10 th Judicial District info sheet on what court staff can and cannot do.

23. Impact of IV-D Strategies for preparing to receive IV-D case filings: –Think about developing systems to deal with high case volume. –Get involved early, if possible.

24. Impact of IV-D Strategies (cont’d) Communicate with IV-D folks –When do you think you will start filing cases? –What forms are you going to use? –What are your expectations?

25. Impact of IV-D Strategies (cont’d) Develop procedures / SOP and share with IV-D folks. Internally at the Court work with everyone: judges, clerk, administrator, support staff IV-D staff usually welcome being given a procedure

26. Impact of IV-D Strategies (cont’d) Rehearse mock cases with judges and staff. Develop checklists – there is a lot of repetition.

27. Impact of IV-D Strategies (cont’d) Set days of the month for certain types of motions (e.g., 2 nd and 4 th Wednesdays). Don’t be afraid to change as you learn.

28. Impact of IV-D FORMS: Motion for Modification of Child Support Motion for Modification of Custody and/or Visitation

29. Impact of IV-D Remember the big picture: Helping children and families.

30. Impact of IV-D Q&A

31. This presentation is available at www.paulstenzel.com Attorney Paul Stenzel Stenzel Law Office, LLC Shorewood, WI 414-963-9923 paul@paulstenzel.com