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. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Hawaii uses EDE and CSENET

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

In the absence of other factors, child support ends at age eighteen. Child Support may continue after age eighteen per court order for a disabled adult or an adult child if in school full time. Hawaii Revised Statutes Section 577-1. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0577/HRS_0577-0001.htm

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

If not addressed in the order, child support may be automatically terminated when the child turns eighteen. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. If the child is disabled or attending college on a full time basis. For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Under HRS Section 577-25, a minor who has been married shall be deemed to be emancipated and shall be regarded as though he or she were of legal age. Some support orders explicitly terminate support when the child marries so child support would terminate in those cases. For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No, unless there is a court order that terminates the child support or indicates that the child no longer lives with the custodial parent.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

Except where the court or administrative order specifies that the child support amount is not on a "per child" basis, current support is automatically reduced when a child is no longer entitled to received support.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No, unless the action to establish support was in process prior to the child turning 18 years old.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

There is no statute of limitations for the collection of past-due support. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0657/HRS_0657-0005_0005.htm

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

Within three years after the child reaches the age of majority or any time after that for good cause. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0584/HRS_0584-0006.htm

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

N/A. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

No. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.

No. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

N/A For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

If the genetic test results do not exclude the possibility of paternity, provided the testing used has a power of exclusion greater than 99.0 per cent and a minimum combined paternity index of five hundred to one, then a rebuttable presumption is created. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0584/HRS_0584-0004.htm

3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Hawaii Revised Statute Section 584-3.5(e) For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0584/HRS_0584-0003_0005.htm

4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Yes, but it may be rebutted by a showing of clear and convincing evidence. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0584/HRS_0584-0004.htm

5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Yes. Paternity is conclusively determined if the child is born after 07/01/1999. If the child is born prior to 07/01/1999, only a rebuttable presumption is created. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0584/HRS_0584-0003_0005.htm

6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

Yes. A man is also presumed to be the natural father of a child if: Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred days after its termination by death, annulment, declaration of invalidity, or divorce; or If the attempted marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and: While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child;

7. What, if any, is the agency name and link for your state's putative fathers' registry?

None For Additional Information - No Link Provided

8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Judgment of Paternity; there is no charge for providing this. For Additional Information - No Link Provided

9. Does your state�s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

Yes. For Additional Information - No Link Provided

9.1. Describe any circumstances under which these fees may be waived?

The fees may be waived to a Hawaii state agency. For Additional Information - No Link Provided

10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

N/A

12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

They should send one packet (with a separate Declaration in Support of Establishing Parentage forms for each child).

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Both.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

Support is established through the administrative process if paternity is established. Hawaii Revised Statutes Section 576D-3. For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

For paternity cases and non IV-D cases, support is established through the judicial process. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

The child's income may be considered if the child is over 18 years of age or if there is an exceptional circumstances which warrants the consideration of such income. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576D/HRS_0576D-0007.htm

2.1. What documentation is required as proof/evidence of this information?

Required documents are at the discretion of the court of hearing officer.

3. What criteria for rebutting your presumptive guidelines have been established in your state?

Whenever there is a deviation from the amount shown on the worksheets, the Court, CSEA, or OCSH shall make oral findings of fact on the record or shall prepare written findings of fact that the application of the Guidelines in that case would be unjust or inappropriate. Such findings shall (1) state the presumptive amount of support that would have been required under the Guidelines, (2) explain why the presumptive amount is unjust or inappropriate to justify why the order varies from the Guidelines, and (3) state that the Court, CSEA, or OCSH has considered the best interest of the child before varying from the presumptive amount. Examples are extraordinary medical needs of the child or parent, other child support obligations, child support obligation that is greater than 70% of the parent's guidelines calculated net income. For Additional Information - https://www.courts.state.hi.us/wp-content/uploads/2020/10/Child_Support_Guidelines_2020.pdf

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes, it may be requested in paternity proceedings or in cases where public assistance has been paid for the benefit of the subject child and current support is also being established. In paternity cases, support can be ordered back to the birth of the child although the court may limit the liability to that which it determines to be just. For public assistance cases, support would be ordered for the period that financial assistance was paid out, up to two years, at the minimum support amount. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

For paternity cases, any documentation which reflects what reasonable expenses were incurred for the benefit of the child. For public assistance cases, a month-by-month listing of the amount of the financial assistance provided for the benefit of the child. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Only where current support is also being ordered and as described above. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

If public assistance is not being expended, a court order is required.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

If the order reserved child support, Hawaii would require establishment of child support. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

If the parents agree to modify or terminate support, then the parties do not need to obtain legal custody before child support is addressed. If the parties dispute this issue, however, the parties may need to resolve custody in family court before resolving child support. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

Income that federal law precludes withholding. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. For Additional Information - No Link Provided

2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?

No. For Additional Information - No Link Provided

2.2. What are the withholding limits for non-employees?

For income withholding purposes, non-employees are treated the same as regular employees. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

Receipt. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

6. When must an employer remit amounts withheld from an employee's pay?

Within 5 working days after the obligor is paid For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

13. When does your state require the employer to send notice of an employee's termination?

Immediately. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

Financial Institution.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

Copies of the order and certified account balance.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

1.IV-D cases or monies are owed to the State. 2.The NCP is a Hawaii resident with complete and verified address. 3.Verified NCP's social security number. 4.There are no system overrides. 5.For the docket, the delinquent child support amount exceeds $2,500.00. 6.Adjudicated arrears balances are NOT included in the threshold. For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

TransUnion

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative.

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Yes. The report is automatically deleted each month if the noncustodial parent no longer has a past-due account. The NCP may also submit a request directly to the Agency or thru e-Oscar.

7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes. $150.00 delinquency owed to state and $150.00 delinquency owed to the Custodial Parent.

9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

No.

10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

Yes. $25.00.

11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?

No.

12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?

Yes. $3,500.00.

13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Certain retirement accounts may be exempt that require a qualified domestic relations order (QDRO). For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

No.

17. What are the criteria to attach an account in a financial institution in your state?

1.At least $3,500.00 or more available in the matched accounts. 2.Valid NCP Social Security number. 3.Past due support of at least $3,500.00 on at least one of the obligor's cases, and case is receiving IV-D services.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

Yes, if the other state complies with applicable state laws for enforcement. Hawaii Revised Statutes Section 576D-10.5(a), (c), and (f). For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

Send a transmittal #2 to request enforcement; also, certified account balance and court orders.

20. Does your state's income withholding definition include amounts in financial institutions?

Yes. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

No. The financial institution sends a copy of the notice of lien to the noncustodial parent. For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

The financial institution holds funds until receipt of a court order or a release by the agency. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

No. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

The amount of the delinquency. This is not different for joint accounts. For Additional Information - No Link Provided

25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?

Upon submittal of proof that the account is held jointly, the agency will conduct an administrative review. For Additional Information - No Link Provided

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

Yes, there are procedures to liquidate stocks and bonds under HRS Chapters 651 and 652. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

An NCP who is delinquent in payment in an amount equal to or greater than the sum of payments for child support for a three-month period is subject to having his/her driver's license and/or recreational license(s) suspended. For Additional Information - No Link Provided

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

The non-custodial party may pay all past due support, enter into an agreement to pay a monthly amount towards the delinquency or request a hearing within 30 days of the date of the service of the notice.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

An NCP who is delinquent in payment in an amount equal to or greater than the sum of payments for child support for a six-month period is subject to having his/her professional and/or vocational license(s) suspended.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

The NCP may pay all past due support, enter into an agreement to pay a monthly amount towards the delinquency or request a hearing within 30 days of the date of the service of the notice.

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

No.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

An NCP who is delinquent in payment in an amount equal to or greater than the sum of payments for child support for a six-month period is subject to having his/her professional and/or vocational license(s) suspended.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

The NCP may pay all past due support, enter into an agreement to pay a monthly amount towards the delinquency, or request a hearing within 30 days of the date of service of the notice.

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

No. For Additional Information - No Link Provided

36. What are the criteria for initiating/filing a lien in your state?

A lien shall arise upon the establishment of any support order and the obligor becomes delinquent. For Additional Information - http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576D/HRS_0576D-0010_0005.htm

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Both

38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.

Yes. The process is primarily judicial. For Additional Information - No Link Provided

39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Yes. Administrative.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

No.

40.1. If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

N/A

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

N/A

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

No. For Additional Information - No Link Provided

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). For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state�s 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. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state�s 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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Hawaii Revised Statutes Chapter 576B For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576B/HRS_0576B-.htm

2. How does your state define the tribunal (See UIFSA 103)?

"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. For Additional Information - https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0576B/HRS_0576B-0102.htm

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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. For Additional Information - No Link Provided

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.

For Additional Information - No Link Provided

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.