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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).) **

D. Age of Majority

D1. What is the age of majority in your state?
Age 21, or at the point the minor is self supporting through marriage, employment or military service.
D2. What is the statutory citation for the age of majority?
Age 21, - Case Law - Nelson v Nelson, 548 A.2d 109, 111 (D.C. 1988)
For Additional Information - exit disclaimer
D3. 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
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
If the child is married and supporting self then yes. If the child is away at school and still being supported by the custodial parent then no.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Support can be paid beyond the age of majority if the child is handicapped.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

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

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared income, (gross income)
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If ordered by court
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
N/A
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic testing fees may be ordered to be paid by obligor
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
Unless ordered by court
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
DC Code 13-423
For Additional Information - exit disclaimer
F9. Does your state establish, enforce, or modify spousal maintenance orders?
No
F9.1. If yes, under what circumstances?
Unless child support is included in order
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The District of Columbia will absorb the mandatory fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes. Up to $150.00 per custodial parent headed household.
F14. Does your state participate in the pass-through in former assistance cases?
NO
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Create a new case and transfer the court order to the new case
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Create a new case and transfer the court order to the new case
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
An application must be completed and then a new case is created and the court order is transferred to that case
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The District pays the fee
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Disability, SSI
For Additional Information - No Link Provided
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Up to $2.00 per pay period at option of employer.
For Additional Information - exit disclaimer
G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Seven business days after the date of the order or the next regular pay period.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
The same date of the Wage withholding.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Follow up by Court
G7. What is the penalty to an employer for failure to remit payments withheld?
Employer subject to contempt
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
We submit the form entitled Authorization to Withhold Child Support Payment from Unemployment Insurance Benefit
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
File Petition in court
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Prorate available amount across orders.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
N/A
For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. 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 D.C. Code 46 216a.
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
10 days after the termination
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employers and Workers' Compensation.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
The employer should allocate current child support and spousal support as the first priority then medical support
For Additional Information - exit disclaimer
G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Prioritize and distribute according to PRWORA distribution rules.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A.
For Additional Information - No Link Provided
G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
For Additional Information - exit disclaimer
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
For Additional Information - No Link Provided
H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
03/01/1995
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
That proof that the husband was, at the time of conception: (1) impotent, (2) entirely absent, (3) absent during the period of conception or (4) only present under such circumstances as afford clear proof that there was no sexual intercourse. This is from a case. There is no Internet link, the citation, is S.A. v. M.A., 531 A.2d 1246, 1250 (D.C., 1987)
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
It depends on the date on which the birth certificate was executed. If the birth certificate was issued after December 23, 1997, then the father s name on the birth certificate is evidence that an Acknowledgement of Paternity was executed, and paternity is conclusively established. Section 16-909.01
For Additional Information - No Link Provided
H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
May 21, 1992.
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?

For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.

For Additional Information - No Link Provided
H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Elements of common-law marriage are cohabitation as husband and wife, following express mutual agreement, which must be in words of the present tense.
H11.2. When did your current common-law standard go into effect?
01/01/1950
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
There was no common-law standard in effect prior to our current standard.
For Additional Information - No Link Provided
H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Teleconferencing.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
D.C. Official Code 13-337, Personal service outside District in lieu of publication; D.C. Official Code 13-336, Service by publication on nonresidents, absent defendants, and unknown heirs or devisees; D.C. Official Code 13-423, Personal jurisdiction based upon conduct; D.C. Official Code 13-424, Service outside the District of Columbia; D.C. Official Code 13-431, Manner and proof of service; D.C. Official Code 13-432, Individuals eligible to make service; D.C. Official Code 13-433, Individuals to be served; special cases
For Additional Information - No Link Provided
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
We will set up a payment plan to recover genetic testing costs for another state. We will include the payment along with the child support order payment.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Acknowledgement of Paternity or Adoption Order.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both-Judicial with administrative consent process
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative used when both parties can reach agreement, order must be ratified by court
I1.2. Under what circumstances would a judicial process would be used?
Administrative orders require judicial approval.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
For Additional Information - No Link Provided
I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
None.
For Additional Information - No Link Provided
I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Needs of child are exceptional, NCP needs period of reduced payments to permit repayment of financial debt or rearrangement of financial obligation,
For Additional Information - No Link Provided
I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
24 months prior to filing date.
I4.2. What information or documentation does your State require to proceed?
Written proof of income from both parties, proof of child care, medical insurance, etc.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. 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
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Ordered genetic testing, issuing administrative subpoenas to parties or private entities. Yes
For Additional Information - exit disclaimer
I6. What is your state's statutory authority for the administrative process?
DC Code Title 46; Sec. 226.03 and Title 46; Sec. 226.07
For Additional Information - No Link Provided
I7. Is there a local state law that allows an interstate administrative subpoena?
No
For Additional Information - No Link Provided
I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
For Additional Information - No Link Provided
I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes
I10. 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?
Yes
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment
I12. 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 custodian obtain legal custody before a support order is modified or established?
The D.C. Child Support Guideline is based on physical custody, not legal custody. The new custodian would have to show the court that he or she has physical custody and obtain a new child support order from the court.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
The D.C. Child Support Guideline is based on physical custody, not legal custody. The new custodian would have to show the court that he or she has physical custody and obtain a new child support order from the court.
I14. What methods of personal service does your state use? **
A member of the locate unit staff personally serves respondents at home or at work. Respondents may also be served by coming to the child support office to pick up notices.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
There are no add-ons. Extraordinary medical expenses, child care expenses, and health insurance of child are part of the regular guideline calculation.
I17. Please provide the relevant statutory or case law citation. **
D.C. Code 16-916.01
For Additional Information - No Link Provided
I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
D.C. encourages mediation or similar consent processes where appropriate.

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 - exit disclaimer
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 - exit disclaimer
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 - exit disclaimer
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

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - No Link Provided
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
46.226.03 (a)(2)
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
46.226.03 7(a)(2) - the statute does not actually say that. It is silent about notice.
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
N/A
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
The other state must register the court order
M7.1. What is the process, the points of contact, and what forms?

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)