District Of Columbia State Law
A. General/Program-At-A-Glance
A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)? |
One |
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only? |
No |
A2.1. If yes, what is the statutory citation? |
For Additional Information - No Link Provided |
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship? |
Yes. |
A2.3. If yes, please explain. |
The D. C. Bar issued an opinion, D. C. Opinion 240, explaining the unique relationship between the IV-D attorney and the agency. |
B. UIFSA
B1. What is the statutory citation for your state's UIFSA? |
For Additional Information - No Link Provided |
B2. How many copies or sets of documents does your state need for an intergovernmental case referral? |
3 (1 original and 2 copies). |
C. Reciprocity
C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.) |
None |
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
C2.1. If yes, list the tribes and identify services provided, if less than full services. |
N/A |
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? ** |
C4. 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 |
D. Age of Majority
E. Statute of Limitations
E1. What is your State's statute of limitations for collection of past-due support? |
12 years
For Additional Information - No Link Provided |
E2. What is your State's statute of limitations for paternity establishment? |
Child's 21st birthday
For Additional Information - No Link Provided |
E3. Is dormancy revival/renewal possible? |
No |
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible. |
N/A
For Additional Information - No Link Provided |
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both). |
J1.1. Are your state income tax refund procedures judicial, administrative, or both? |
Administrative |
J2. Is the lien process in your state judicial, administrative, or both? |
Both |
J2.1. What are the trigger criteria for filing a lien? |
Any arrearage
For Additional Information - No Link Provided |
J2.2. Where are your state liens filed? |
State, Recorder of Deeds |
J2.3. Does your state charge a fee for filing a lien? |
No |
J2.4. If yes, please indicate the amount. |
J.3. Does your state enforce property seizure and sale? |
Yes |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial |
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both? |
Administrative |
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support? |
When case becomes delinquent |
J4.2. Does your state's income withholding definition include amounts in financial institutions? |
No.
For Additional Information - No Link Provided |
J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent? |
Yes |
J4.3.1 If yes, who notifies the NCP, the state or the financial institution? |
State |
J5. What are the time frames if a new notice of intent to freeze and seize must be sent? |
Notice of Intent to Seize must be sent as soon as IV-D agency is notified by financial institution that account has been frozen. |
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state? |
Freeze criteria: ACTIVE CASES: 1. Current support obligation, 30 days past due, or 2. Judgment support obligation, 60 days past due ARREARS ONLY CASES: 1. Total amount of arrears is greater than or equal to $500. Seize criteria: If there is no active wage withholding, and the amount of funds in the financial account is greater than or equal to two months of current support, but not less than $150. If there is an active wage withholding, amount of total arrears is greater than or equal to $5,000 and amount of funds in the financial account is greater than or equal to $2,500. |
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure? |
There is only a minimum amount the obligor must be delinquent in active wage withholding cases. That minimum dollar amount is $5,000. (See details in J5.1.)
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize? |
Yes |
J5.3.1. If yes, please provide the time frame. |
For active cases: 1. Current support obligation, 30 days past due or 2. Judgment support obligation, 60 days past due. See details J5.1. |
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize? |
No |
J5.4.1. If yes, provide the percentage. |
N/A |
J5.4.2. Is the percentage different for joint accounts? |
No |
J5.4.3. If yes, describe. |
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount. |
For seizure action, the following is true: the minimum for cases with no active wage withholding is twice the current support amount but not less than $150, and the minimum for cases with active wage withholding is $2,500. (See details in J5.1.) |
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution? |
State |
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action? |
The obligor has 15 days from the issuance of the Notice of Attachment to seek an agency review of the freeze. The obligor then has 30 days from the issuance of the Order of Condemnation to seek a review of the seize from the Office of Administrative Hearings.
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action? |
Thirty days |
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action? |
The arrears are inaccurate, notice was issued to the wrong person, or any affirmative defense to enforcement of the judgment.
For Additional Information - No Link Provided |
J5.10. Is your state's complaint review process judicial, administrative, or both? |
Both |
J5.11. What are your state's penalties for incorrect seizures? |
None |
J5.12. Is the second challenge administrative, judicial, or both? |
Judicial |
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
15 days for freeze. 30 days for seize. (See J5.7 for details.) |
J5.14. Is the freeze and seize operation in your state centralized or automated? |
Centralized. Not automated |
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile? |
No |
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)? |
No |
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets. |
For Additional Information - No Link Provided |
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period? |
Yes, we ask the financial institution to hold the frozen assets during the challenge or appeal time frame or freeze period.
For Additional Information - No Link Provided |
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency? |
Within ten business days of receipt of the order of condemnation.
For Additional Information - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
J6. Does your state withhold state funds or benefits? |
Yes |
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both? |
Unemployment Compensation Benefits. (Administrative). |
J7. Describe any other administrative enforcement procedures your state may have. |
Lottery winnings, passport denial, administrative offset, credit bureau, license revocation, Federal and State taxes |
J8. Describe any other judicial enforcement procedures your state may have. |
Modifications, civil and criminal contempt |
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
N/A
For Additional Information - No Link Provided |
J10. Which of your state's enforcement remedies are available without judicial actions? |
Wage Withholding |
J11. Describe your state's procedures for registering and enforcing another state's order. |
Submission of case information on UIFSA form |
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order. |
Will apply all local enforcement remedies |
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
J13.1. If yes, provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
No |
J15. To which credit bureaus does your state report an obligor's child support information? |
J16. Is the method for credit bureau reporting judicial, administrative, or both? |
Equifax |
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI. |
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc. |
Liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, Department of Motor Vehicle actions such as license suspension, passport, and federal tax offset. |
J19. What documentation does your state require to proceed with an AEI request? |
The case has to be on our system. |
J20. What mandatory data elements does your state need to process AEI requests? |
Noncustodial parent s first name, last name, Social Security Number, and date of birth.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
J21. Which additional data elements would aid your state in processing AEI requests? |
None. |
J22. How many copies/sets of documents does your state require with an AEI request? |
Three. |
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM? |
Delinquency. |
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states? |
No |
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required. |
We would ask for Transmittal #1. We would temporarily place case on the system and then initiate freeze and seize actions. |
J25. What is the procedure for obtaining a certified copy of a court order? |
Submit Transmittal #2 making request. |
J26. What is the procedure for obtaining a certified payment record? |
Submit Transmittal #2 making request. |
J27. Is there a cost for requesting a certified copy of a court order or payment record? |
No, not for another state. |
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption? |
D.C.'s policies and practices for driver's license revocation are outlined in the answer to J29. A disabled non-custodial parent can provide proof of disability or people released from prison within 180 days are exempt. Unemployed, people on Temporary Assistance to Needy Families, those in bankruptcy, and people with a new job for which they need a license are also exempt. |
J29. What triggers a driver's license revocation? |
A non-custodial parent is eligible for driver's license revocation if he or she fails to comply with a subpoena or warrant relating to paternity or child support or if he or she is receiving income and has a child support order that is at least 60 days in arrears. He or she will receive a warning letter. If he or she does not respond within 30 days, driver's license revocation will be triggered. |
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license? |
There is not a threshold, must be at least 60 days delinquent or have failed to comply with a subpoena or warrant relating to child support. |
J29.2 If yes, what is the amount? |
N/A |
J30. Under what conditions may a noncustodial party restore the driver's license? |
The conditions to restore a driver's license are as follows. The non-custodial parent can prevent the license from being suspended in the first place by responding within 30 days to the warning letter. He then pays a month's current support plus an additional 25 per cent toward arrears. The same payment would be necessary to restore a license that has been revoked. |
J30.1 What is the process for restoring a driver's license? |
The non-custodial parent brings a compliance letter to the D.C. Department of Motor Vehicles. |
J31. Does your state allow temporary or conditional driver's licenses? |
No |
J31.1 If yes, what are the conditions? |
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement. |
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
Yes. |
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset? |
No. |
J33.2 What is the dollar amount? |
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match? |
No |
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset? |
No. |
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset? |
J36.2 What is the dollar amount? |
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match? |
Yes |
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match? |
Yes. |
J38.2 What is the dollar amount? |
$500.00 |
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial? |
Yes. |
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP? |
No, the NCP would need to file a motion with the court. |
K. Modification and Review/Adjustment
K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)? |
Every three years or if there's a significant change in circumstances.
For Additional Information - No Link Provided |
K2. Briefly describe your state's modification procedure. |
Notify custodial and non-custodial parents, review current financial information including income, run Guideline, and if change in order amount is 15% or more, file petition with court. |
K3. What are your criteria for modification (for example, $50 or 20% from present order)? |
15% increase or decrease from present order. |
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
K4.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
K4.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
K4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
Yes |
K4.6. There has been a substantial change in childcare expenses. |
Yes |
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
None. |
K5. Does your state have cost of living adjustments (COLAs) for orders? |
No |
K5.1. If yes, what index does your state use? |
K6. How does your state credit SSA disability to current and past-due support? |
Social Security Disability Insurance payments count as income in determining child support order amounts. See D.C. Code 16-916.01 (d) (1)(H) and 16-916.01 (d)(9). |
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc. |
Yes |
K7.1. If yes, explain the circumstances? |
D.C. will modify an order if a non-custodial parent is incarcerated. D.C. 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. |
K7.2. What is the statutory citation for your abatement law? |
D.C. Code 23-112(a) and 16-916.01(r)(5).
For Additional Information - No Link Provided |
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
The other ways that D.C. gets child support referrals besides UIFSA are when customers visit the office and when the IV A a.k.a. TANF agency makes referrals via interfaced systems. Customers should bring paternity information, pay records, employment history, driver s license, day care expenses, etc.
For Additional Information - No Link Provided |
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Paystubs, W-2, proof of daycare expenses, proof of private schools |
K8. What information does your state require to register an out-of-state order for enforcement/modification? |
Department Vital Records. The cost ranges from $15.00 - $20.00 |
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support? |
Child Support Enforcement Transmittal #1, Uniform Support Petition, General Testimony, and current financial information |
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only? |
K10. What circumstances will cause your state to end child support before the normal duration? ** |
L. Payments
L1. Does your state define a lump sum payment? |
No |
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.). |
N/A |
L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
L2. Does your state law require employers to report lump sum payments? |
No |
L2.1 If yes, give the statutory citation or rule. |
N/A
For Additional Information - No Link Provided |
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)? |
No |
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
L4. How are employers instructed to report a pending lump sum? |
Employers usually send a letter or transmittal, but there are no specific instructions on how to report a pending lump sum. |
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum? |
Five (5) business days from the date the notification is received by CSSD. |
L6. Does your state use the income-withholding order to attach the lump sum payment? |
Yes |
L7. Does your state use the lien/levy process to attach lump sum payments? |
No |
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments? |
L8. What other documents does your state use to attach lump sum payments? |
None. |
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit? |
No. |
L9.1. If yes, what are those limits? |
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment? |
Yes.
For Additional Information - No Link Provided |
L9.3. If yes, what are those limits? |
65% of obligor s disposable income. |
L9.4. If no, what percentage is the employer required to withhold? |
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply? |
L10.1 If yes, would the employer only withhold for that period's obligation? |
L11. Does your state have a direct deposit program? |
L11.1 If so, specify the vendor. |
L12. Does your state have a debit card program? |
L12.1 If so, specify the vendor. |
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)? |
L13.1 If so, are there fees involved? |
L14. What are the fees associated with using the card? |
L15. How does your state collect child support payments from an obligor? ** |
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? ** |
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? ** |
L18. Does your state process electronic payments in international cases? ** |
L18.1 If so, describe the process. ** |
L19. What is your state's International Bank Account Number (IBAN)? ** |
M. Insurance Match
N. Case Closure
N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15) |
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case? |
N3. Does your state 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) |
N4. Does your state 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) |