Hawaii State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
5 local offices - Hilo, Kauai, Kona, Maui, Oahu |
2. What is the name of your IV-D agency? |
Child Support Enforcement Agency, State of Hawaii |
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. |
Both. Hawaii may use judicial procedures to establish child support and when paternity is at issue. Hawaii primarily uses administrative procedures to establish and enforce support orders after paternity is established.
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4. Does your state use the following applications: EDE, CSENET, QUICK? |
Hawaii uses EDE and CSENET |
2. Duration Of Support
3. Statute Of Limitations
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)? |
Melson formula.
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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.
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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.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
No. |
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? |
Request from the other state and documentation supporting request.
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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? |
Yes.
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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.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
N/A
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5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
1. What are specific sources of income not subject to withholding? |
Income that federal law precludes withholding.
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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. |
Yes.
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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 income withholding purposes, non-employees are treated the same as regular employees.
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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 for each payment.
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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? |
Receipt.
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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? |
The first pay period commencing within 7 business days following the receipt of the order for income withholding.
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6. When must an employer remit amounts withheld from an employee's pay? |
Within 5 working days after the obligor is paid
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7. What are your state's sanctions for employers for not implementing income withholding? |
If the employer is doing business in this state, the matter is referred for contempt proceedings to be initiated. If the employer is not doing business in this state, UIFSA (two-state) action is initiated.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
The employer is liable for the full amount of all sums ordered to be withheld, as well as a fine not to exceed $250 as determined by the court.
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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. |
All withholding of unemployment benefits is done by the Child Support Enforcement Agency.
All appropriate documents necessary under UIFSA to create a case and enforce a child support obligation should be sent to CSEA.
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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. |
Yes, if the other state records it with the Bureau of Conveyances pursuant to Hawaii Revised Statutes Section 576D-10.5.
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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? |
Upon receiving notice of the income withholding, the obligor can make a written request for an administrative hearing to contest the withholding.
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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).) |
If there is more than one obligee, the amounts withheld from the income of an obligor shall be allocated among the obligees. The allocation may be based on each obligee's proportionate share of the amount of the withholding orders that were served on the employer of the obligor. In no case shall the allocation result in a withholding for one of the support obligations not being implemented. |
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? |
None. Hawaii law adopted the federal Consumer Credit Protection Act (CCPA) income withholding limits.
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13. When does your state require the employer to send notice of an employee's termination? |
Immediately.
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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. |
Payments are allocated pursuant to the 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. |
No. |
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)? |
PRWORA. |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
Payments are distributed proportionately. |
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? |
Payments are distributed proportionately.
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9. Enforcement
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.) |
In TANF cases, reviews may be conducted every three years.
In non-TANF cases, reviews are only conducted upon receipt of a request.
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2. What is your state's modification procedure? Briefly describe. |
Either Custodial parent or non-custodial parent can request a review in TANF and non-TANF cases. TANF cases may be reviewed automatically.
When a request is received with complete information, a notice of review is sent to both parties. After 30 days, a proposed administrative order is generated if there is a change in the amount of support to be paid, or a notice of no change is generated. The proposed administrative order or the notice of no change is served upon both parties. The parties are given 30 days to request a hearing. If no request for hearing is received, the order is filed with the court. If a hearing is requested, one is scheduled and appropriate action is taken after the issue of the modification is decided.
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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)? |
A party may request modification:
When at least three years have passed since the existing child support order was filed;
When a change in the circumstances of the parties and/or the subject children is substantial and material enough to justify a new child support amount (for example, a change in income, a change in child custody, or a change in the number of children eligible for child support); or when existing Guidelines are replaced or modified.
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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. |
Yes. |
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? |
Another criteria to modify is if the new calculation is ten percent (10%) higher or lower than the existing child support obligation.
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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).) |
No.
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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.) |
Hawaii does not have a definition.
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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.? |
Yes, the state uses the OMB-approved income withholding order for bonuses and periodic worker's compensation and notice of lien are also used to attach lump sums. |
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.) |
N/A |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
Yes, if specifically requested by the initiating State. |
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. |
3.1. Is it retained by the state from support collected? |
Yes. |
3.2. Is it paid by the individual applying for child support services? |
Yes, if the individual applying for IV-D services is the one receiving the support collected. |
3.3. Is it recovered from the noncustodial parent? |
No. |
3.4. Is it paid by the state out of its state funds? |
No. |
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).) |
Yes. The state has access, including automated inquiry access, to the records of all entities in the State for information on the employment, compensation and benefits of any member, employee, or contractor of the entity to accomplish the purposes of the child support program, subject to safeguards on privacy and confidentiality and subject to the nonliability of entities that afford access.
Hawaii Revised Statutes Section 576D-18(c).
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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? |
Delinquent at least one month and the underlying order is recorded at the Bureau of Conveyances, State of Hawaii. |
3. What process does your state use to intercept insurance payments? |
Administrative process. The state issues a "Notice of Statutory Lien for Child Support" pursuant to HRS, Section 576-D-10.5. An Administrative or Court income withholding order (IWO) can also be used (periodic and lump sum).
Hawaii Revised Statutes Section 571-52, 571-52.2, and 576E-16.
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4. How does another state initiate and intercept collections from your states workers compensation agency? |
Other states can go directly through the insurance carrier via an IWO or Notice of Lien regarding claims under Hawaii's workers' compensation statutes. If by Notice of Lien, the out of state child support order or notice of lien must be recorded with the State of Hawaii Bureau of Conveyances (BOC). IWOs are not required to be recorded at the BOC but must appear regular on its face (it is recommended the Federal IWO form be used). Hawaii Revised Statutes Sections 576B-502(b), 576D-10.5, and 576E-16.
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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).) |
Initiating state failure to take an action essential for the next steps?(45 CFR 303.11(b)(17).) yes. 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) |
Not automatically, but staff may follow up with the other state for further information regarding the balance. |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
Not automatically, but staff may follow up with the other state for further information regarding the balance. |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
Currently, the agency does not pay to obtain a certified copy of a court order. The agency requests a certified copy from the court.
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2. What are the procedures and associated costs for obtaining a certified payment record? |
The agency has no costs for obtaining a certified payment record. It reviews the court orders and case and the statewide disbursement branch prepares a certified payment record based on the payments issued on the case.
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17. Uniform Interstate Family Support Act (UIFSA)
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.) |
Australia, Germany and Great Britain. |
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).) |
No.
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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. |
Under certain circumstances, the state may send and receive pleadings electronically in international cases, through secured email. |
3. What methods of personal service does your state use? |
The party receiving the document signs an acknowledgment of service or is served through a process server. |
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.) |
Nothing.
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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, mediation and pre-hearing conferences. |
6. What circumstances will cause your state to end child support before the normal duration? |
Child support may terminate if the child(ren) marries, dies, is/are adopted, or joins the military; if Responsible Parent is awarded sole physical custody of said child(ren) by court order; or upon the marriage of Responsible Parent to the Custodial Parent.
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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? |
A paper check is mailed. |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
None. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
No. |
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. |