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District Of Columbia State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
One.
2. What is the name of your IV-D agency?
Office of the Attorney General/Child Support Services Division.
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Judicial.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
CSENET and Quick.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Age of majority is 21. This age is based upon common law, See Butler v. Butler, 496 A.2d 621. See also, D.C. R P & S PROC Rule 2.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Age 21.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No. Age of emancipation is twenty-one regardless of date of the order.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Age of emancipation is not extended based upon college enrollment. Parents may have common-law duty to support their physically or mentally disabled children, even after children have reached age of majority. Nelson v. Nelson, 548 A.2d 109 (1988).
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No. Child Support does not end.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No, a motion to modify must be filed with the court.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
12 years. Past-due support is viable for the period of twelve years only, from the date when an execution might first be issued thereon, or from the date of the last order of revival thereof. DC CODE 15-101.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
A proceeding to determine parentage and provide for the support of a child with no presumed parent may be instituted after four months of pregnancy or at anytime until the twenty-first birthday of the child. DC CODE 16-2342.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Judgements can be revived prior to expiration for a period of 12 years. DC CODE 15-101.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
No.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No, interest is not charged in the District of Columbia.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No, interest is not charged in the District of Columbia.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, if ordered by the court.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
DC will redirect the payments to another state agency based upon a Transmittal 2. A new CSSD case for the new caretaker or relative can be opened if the case was formerly a Foster care case.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No. The right to child support is the right of the child; the legal status of her caretaker has no impact on that right. However, new case or an order changing the payee may be required. Hight v. Tucker, 757 A.2d 756 (D.C. 2000).
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Yes. If a child subject to the support order receives Social Security Disability Insurance (SSDI) derivative benefits through either parent, the amount of the derivative benefit paid to the child shall be included in the gross income of the parent from whom the benefit derives. D.C. Code: 16-916.01.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes. DC will modify an order if a non-custodial parent is incarcerated. DC also has a Fresh Start program which will reduce arrears owed to the government for non-custodial parents who meet requirements to make lump-sum payments or to pay current support on a consistent basis.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99.9%. When a child has no presumed parent a conclusive presumption of parentage shall be created. When a child has no presumed parent a conclusive presumption of parentage shall be created based upon a result and an affidavit from a laboratory of a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the Secretary of the U.S. Department of Health and Human Services that is performed by a laboratory approved by such a body indicating a 99% probability that the person is the genetic parent of the child. DC Code Ann. 16-909.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
D.C. Code Ann. 16-909
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. If the father and the child's mother are or have been married, or in a domestic partnership, at the time of either conception or birth, or between conception and birth, and the child is born during the marriage or domestic partnership, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court, or within 300 days after the termination of the domestic partnership pursuant to 32-702(d) or 16-904(e). D.C. Code Ann. 16-909.
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. If he and the child's mother are or have been married, or in a domestic partnership, at the time of either conception or birth, or between conception and birth, and the child is born during the marriage or domestic partnership, or within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by a court, or within 300 days after the termination of the domestic partnership pursuant to 32-702(d) or 16-904(e).
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Not applicable, DC does not have a putative father's registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Acknowledgements of Paternity and Adjudication of Paternity
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes. Please visit the vital records website for a list of fees.
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9.1. Describe any circumstances under which these fees may be waived?

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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Yes. The District of Columbia recognizes common law marriages entered into the District of Columbia or in any other jurisdiction that recognizes common law marriage. Matthews v. Britton, 303 F.2D 408; Hoage v. Murch Bros. Const. Co. 50 F2d 983 (D.C. Cir. 1931); Coates v. Watts, 622 A2d 25 (D.C. 1993). To prove such a relationship, the evidence must show that the parties cohabited as husband and wife in good faith, that is, that the cohabitation followed an express mutual agreement to be husband and wife. East v. East, 536 A.2d 1103.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
There was no common-law standard in effect prior to our current standard.
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
No, provide a single intergovernmental packet for all children involving the same custodial party and same respondent, with a separate Declaration in Support of Establishing Parentage.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial proceedings are required for the adjudication of parentage, establishment of support orders, modifications, and motions of contempt.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
Judicial proceedings are required for the establishment of a support order.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
The District of Columbia only utilizes judicial proceedings.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Both parent's incomes are considered under the D.C. child support guidelines. A third-party caretaker's income is not considered, if the custodian is a non-parent.
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2.1. What documentation is required as proof/evidence of this information?
At least 2 most recent pay statements, or W-2 forms, employer statements, 1099 forms, or Tax Returns, etc. 4.1. Tax returns, W-2 forms, 1099 forms, or Employer Statements for the full time period in question.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
Needs of the child are exceptional, NCP needs period of reduced payments to permit repayment of financial debt or rearrangement of a financial obligation.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes. Retroactive support is allowable for 24 months prior to the date of filing, or back to the birth of the minor child, whichever is longer.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Tax returns, W-2 forms, 1099 forms, or Employer Statements for the full time period in question.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Support will not be awarded retroactively if the NCP was incarcerated or had no income.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No.
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5.1. What about when public assistance is not being expended?
Yes.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
Establishment.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
The DC Child Support Guideline is based on physical custody, not legal custody. The new custodian would have to show the court the he or she has physical custody and obtain a new child support order from the court.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
TANF, SSI, SSDI and SSRI if being paid concurrently with SSI, certain VA benefits.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Employers may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 15 USC 1673(b); or 2) the amounts allowed by the law of the state of the employee/obligor principal place of employment, if the place of employment is in a state; or the tribal law of the employee/obligor's principal place of employment if the place of employment is under tribal jurisdiction.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No.
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2.2. What are the withholding limits for non-employees?
For non-employees, DC can withhold up to 50%.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$2.00 per deduction per pay period. DC Code 46-211.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
No.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
A employer/holder that receives a notice or order to withhold shall withhold the specified amount and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor. The holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued. DC Code 46-212.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
A employer/holder that receives a notice or order to withhold issued shall withhold the specified amount and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor. The holder shall begin withholding no later than the first pay period occurring 10 days after the date the notice or order to withhold was issued. DC Code 46-212.
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6. When must an employer remit amounts withheld from an employee's pay?
A employer/holder that receives a notice or order to withhold shall withhold the specified amount and make payment to the Collection and Disbursement Unit no later than 7 business days after the date the amount would have been paid or credited to the obligor.
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7. What are your state's sanctions for employers for not implementing income withholding?
Employer's may face civil pentalies for failing to withhold. (a) No employer shall discharge, refuse to employ, take disciplinary action, or otherwise discriminate against any obligor for the reason that a party has subjected or attempted to subject unpaid earnings of the obligor to withholding or like proceedings for the purposes of paying support. Any employer who engages in conduct described above shall be subject to a civil penalty of up to $10,000. D.C. Code 46-219.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
If a holder/employer fails to withhold support from earnings or other income, or fails to pay the support to the Collection and Disbursement Unit in accordance with this subchapter, judgment shall be entered against the holder for any amount not withheld or paid to the Collection and Disbursement Unit and for any reasonable counsel fees and court costs incurred by the obligor, obligee, caretaker, custodian, the Mayor, or their representative as a result of this failure to withhold or make payment. DC Code 46-213.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
No.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
10. How does a noncustodial parent contest an income withholding in your state?
The noncustodial parent would have to file a petition or motion with the court.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Prorate available amount across all orders.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
Disposable income is the net income after mandatory deductions such as: state, federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.
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13. When does your state require the employer to send notice of an employee's termination?
Within 10 days after an employer receives notice that the obligor will terminate employment or within 10 days after the termination, whichever comes earlier. For additional information, see DC Code 46-216a.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
The District of Columbia will prioritize and distribute the payment according to PRWORA distribution rules.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes. The first $150 is passed through
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
State arrears first(PRWORA Distribution).
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
DC would follow PRWORA Distribution.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
DC would use PRWORA Distribution with this scenario as well.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Financial Institutions, State Lottery
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
There are no limiting criteria for an obligor to be eligible for AEI. Transmittal #3 and a supporting Confidential Information Form and other relevant case specific information.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
$1,000 in arrears.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Equifax.
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
Removal should occur automatically if arrears balance has been paid in full. Obligor can contact our office via telephone, or via email at cssdcustomerservice@dc.gov to have a manual deletion processed.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. For obligors who have arrears of at least $25.00.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. Obligors must have an arrears balance of at least $500.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. Obligors must have an arrears balance of at least $500.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes. For obligors who are at least 30 days behind in support payments in current support cases, 60 days behind in support judgements cases, or have at least $500.00 in arrears in arrears-only cases.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. For obligors who are at least 30 days behind in support payments in current support cases, 60 days behind in support judgements cases, or have at least $500.00 in arrears in arrears-only cases.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
Yes.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
Yes. Accounts with a married Joint account holder at financial institution located in DC, accounts where the obligor is a recipient of Supplemental Security Income (SSI) payments or concurrent SSI payments and Social Security Disability Insurance (SSDI) or Social Security Retirement (SSR) benefits.
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16. Is the financial institution attachment process in your state centralized and/or automated?
State centralized and automated.
17. What are the criteria to attach an account in a financial institution in your state?
Obligors must be at least 30 days behind in support payments in current support cases, 60 days behind in support judgements cases, or have at least $500.00 in arrears in arrears-only cases.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
The other state can send a Transmittal #1. DC would temporarily place a case on the child support enforcement system and then initiate the freeze and seize procedures.
20. Does your state's income withholding definition include amounts in financial institutions?
No.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The state will notify the noncustodial parent.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
Ten business days.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
No. DC will not distribute the funds until the challenge or appeal time frame has ended.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
DC will leave at least $500 in the account. Any amount over that is eligible for attachment.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
The noncustodial parent and/or joint account holder has 15 calendar days to request an agency review. The noncustodial parent then has 30 days from the issuance of the Order of Condemnation to request an administrative hearing.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
All cases must meet the following general eligibility requirements to be selected for driver's license/vehicle registration suspension: 1) Case must be an Open IV-D, Local Case or Responding Case, 2) The NCP cannot be deceased, 3) The NCP must have an active address in DCCSES, 4) The case is not in pending case closure, 5) The case is not enforcement exempt Support Delinquency Eligibility In addition to the general eligibility requirements listed above, the following must be met if the suspension request is based upon a delinquency of support payments: 1) An automated asset check must be performed to determine if NCP has Quarterly Wages, FIDM, CSLN or Unemployment Asset Record within the last thirteen (13) months, and 2) The NCP's arrearage must be at least 60 years old and the NCP must have paid less than 50% of the monthly support obligation in last 30 days Or 3) The case must have at least $500.00 in arrears if it is an arrears-only case and the NCP must have paid less than 50% of the monthly obligation in the last 30 days. Federal and State Tax offset payments are not counted when evaluating the Support Delinquency.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
The noncustodial parent can prevent the license from being suspended in the first place by responding within 30 days to the warning letter. He or she then pays a month's current support plus an additional 25 percent toward arrears.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
N/A.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
N/A.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
N/A.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
N/A.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
N/A.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
N/A.
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36. What are the criteria for initiating/filing a lien in your state?
The noncustodial parent must be a resident of the District of Columbia and/or own property within the District of Columbia. The arrears balance must be $500 or greater.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Administrative.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
No.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes. The process is administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. The District of Columbia will intercept any gambling winnings of $600 or more.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Lottery winnings, passport denial, administrative offset, credit bureau, license revocation, and Federal and State taxes.
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Civil and Criminal contempt.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Every three years.
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2. What is your state's modification procedure? Briefly describe.
OAG/CSSD will notify the custodial and non-custodial parents, review current financial information including income. We then run the guidelines and if the new/proposed order amount is 15% or more a motion to modify will be filed with the court.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
15% increase or decrease in the order amount will trigger a modification.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes.
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4.4. The cost of living has changed.
No.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes.
4.6. There has been a substantial change in childcare expenses.
Yes.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
None.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes. A review will be initiated automatically for a incarcerated parent.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Lump payments include bonuses, case service awards, commissions, retroactive pay increases, severance payments, sign-on bonuses, and vacation pay.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
DC uses the OMB approved income withholding order for lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
No.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
The District of Columbia absorbs the mandatory fee.
3.1. Is it retained by the state from support collected?
No.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
Yes.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
The noncustodial parent must owe at least $500 in arrears and reside and/or own property within the District of Columbia.
3. What process does your state use to intercept insurance payments?
Child Support Lein Network (CSLN).
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4. How does another state initiate and intercept collections from your states workers compensation agency?
Another state can register the court order in the District. After the registration process, the District will start the process of intercepting collections.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes, for arrears information only. DC does not charge interest.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
Submit a Transmittal #2 with the request. There is no cost for obtaining a certified copy of a court order.
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2. What are the procedures and associated costs for obtaining a certified payment record?
Submit a Transmittal #2 with the request. There is no cost for obtaining a certified payment history.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
DC Code Sections 46-351.01 thru 46-359.03.
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2. How does your state define the tribunal (See UIFSA 103)?
Tribunal means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Three (1 original and 2 copies).
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
DC utilizes in-person service, substitute service upon a family member of suitable age, or at the reciepient's place of employment, and certified mail.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Adjustments for health insurance premiums, extraordinary medical expenses, child care expenses. DC Code 16-909.16.
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. Parties can agreed to depart from the child support guideline in non-public assistance cases. Conciliation is used on a case by case basis.
6. What circumstances will cause your state to end child support before the normal duration?
DC may end child support if the child emancipates prior to the age of majority which is 21. (e.g. become self supporting, gets married, enrolls in the armed forces.)
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
N/A.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
N/A.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
N/A.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.

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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.