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Hawaii State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
5 local offices - Hilo, Kauai, Kona, Maui, Oahu.
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?
The agency is placed within the Department of the Attorney General.
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
None was required.
A2.3. If yes, please explain.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Hawaii Revised Statutes Chapter 576B
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original set of documents with a certified copy(s) of the order(s) based on the action being requested.

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.)
Australia, Germany and Great Britain.
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.
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.
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?
Eighteen.
D2. What is the statutory citation for the age of majority?
Hawaii Revised Statutes Section 577-1.
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D3. 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.
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?
Yes
D5.1. Optional comments regarding emancipation.
It depends on the reason for the child leaving the household.
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.
If the child is disabled or attending college on a full time basis.
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?
Yes
D7.1. If yes, please describe the procedure.
Except where the court or administrtaive 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. Notice is sent to both the custodial parent and the child indicating the termination of support.
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?
The 33rd birthday of the child or 10-years after the judgement was entered, whichever is later.
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E2. What is your State's statute of limitations for paternity establishment?
Within 3-years after the child reaches the age of majority.
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Court discretion.
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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)?
Melson Formula.
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.

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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.
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.

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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic testing costs.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
If specifically requested by the initiating State.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Hawaii Revised Statutes Section 576B-201.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Spousal support orders can be enforced when done in conjunction with the enforcement of child support.
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.
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?
By retaining the support collected on behalf of the individual.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, if the individual applying for IV-D services is the one receiving the support collected.
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?
No.
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?
No.
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.
Conditional and temporary assignments.
F15.2. When will your state discontinue each type of assignment?
October 1, 2009.
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
DRA.
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?
State discretion.
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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?
State discretion.
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?
Court order.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Retained from child support paid to custodial parent.
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?
Income that federal law precludes the withholding.
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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?
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.00 for each payment.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The first pay period commencing within 7 business days following the receipt of the order for income withholding.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 5 working days after the obligor is paid.
G6. What are your state's procedures for sanctioning 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.
G7. What is the penalty 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 any other penalties that the judge may order in a contempt proceeding.
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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.
All withholding of unemployment benefits is done by the Child Support Enforcement Agency.
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G8.2. What documents are required to intercept UI benefits?
All appropriate documents necessary under UIFSA to create a case and enforce a child support obligation.
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.
However, worker's compensation benefits are handled by the individual insurance carriers and there is no single location where the orders can be sent.
G10. How does an obligor contest 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.
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.
If the amounts to be withheld for concurrent income withholding orders exceed wage withholding limits, the amount withheld is allocated so that in no case will the allocation result in a withholding for one of the support obligations not being implemented. The allocation may be based on the proportionate share of the amount of the withholding orders that were served on the employer of the obligor.
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.
The employer must immediately inform the agency that submitted the income withholding order of any change that would affect the income withholding order or the disbursement of the amounts required to be withheld. Hawaii Revised Statutes Section 576B-503 and Section 576E-16(b).
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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?
No
G13. When does your state require the employer to send notice of an employee's termination?
Immediately
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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?
Employer may use their own discretion.
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
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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?
Employer, Individual Insurance Carriers (for workers compensation)
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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.
There is no state prioritization.
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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?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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?
Yes
H1.1. If yes, please explain.
It depends on the court and if those issues are not contested.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
There is no percentage of paternity that creates a rebuttable presumption. However, if genetic test results do not exclude the possibility of paternity and there is a minimum combined paternity index of five hundred to one, a rebuttable presumption is created.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
By showing of clear and convincing evidence which indicates that the obligor is not the natural father of the subject child.
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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?
Yes
H6.1. If no, briefly explain.
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.
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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?
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.

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H11. Is common-law marriage recognized in your state?
H11.1. If yes, briefly describe the standard that defines common-law marriage.
H11.2. When did your current common-law standard go into effect?
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?
Hawaii Revised Statutes Section 584-8.
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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?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Will recover when specifically requested.
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H14. Does your state recover genetic testing costs for another state?
H14.1. If yes, please explain.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
One set of documents with a paternity affidavit for each child should be sent.
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?

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Support is established through administrative process unless the case is a complex case that requires judicial action for IV-D cases, excluding paternity cases.
I1.2. Under what circumstances would a judicial process would be used?
For paternity cases and Non IV-D cases, support is established through the judicial process.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Hawaii Revised Statutes 576E.
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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)?
The custodial parent's income is considered. The child's income may be considered if the child is over 18 years of age or if there is an exceptional circumstance which warrants the consideration of such income.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The party attempting to rebut the presumption must show that exceptional circumstances exist to warrant a deviation from the guidelines. 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.
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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)?
Only allowed as part of a paternity proceeding or in cases where public assistance has been paid for the benefit of the subject child. 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.
I4.2. What information or documentation does your State require to proceed?
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.
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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.
Only for public assistance cases where the amount would be owed to the state and current child support is being established. Also, may be done for cases where paternity is at issue and the child is still a minor. In this situation, it would be at the discretion of the court.
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?
Establish, modify, enforce, and terminate child support. Administrative process is not used for the establishment of paternity.
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I6. What is your state's statutory authority for the administrative process?
Hawaii Revised Statutes 576E.
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.
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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.
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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?
See I.8., above. If public assistance is not being expended, a court order is required.
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?
Depending upon the language in the order and the reason for the issue being reserved, a request for modification should be made.
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?
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?
I14. What methods of personal service does your state use? **
I15. Does your state send and receive pleadings and documents electronically in international cases? **
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? **
I17. Please provide the relevant statutory or case law citation. **

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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? **
I18.1 If yes, indicate the appropriate responses. **

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 procedures.
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.
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J2.2. Where are your state liens filed?
State of Hawaii, Bureau of Conveyances.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$31.00 for private and out of state requests.
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 procedures.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Notice of levy is administrative, enforcement and seiure are judicial.
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 is created.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
no.
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
No
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
N/A
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
N/A
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
$500.00 minimum delinquency. No specified number of months delinquent.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$500.00 minimum delinquency.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
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.
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.
No.
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?
Until the financial institution turns over the funds to the agency.
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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?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistake of fact (the obligor was mistakenly identified as the account holder, or joint accounts where the funds do not belong to the obligor, the delinquency amount is incorrect), a private attorney has recently sought relief in court.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative prior to notice of levy being issued. Judicial upon actual seizure.
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?
As enforcement is done judicially, the obligor's recourse is through the family court system. Also, the non-debtor may seek relief through the family court system.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Not 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.
N/A
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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?

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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?

For Additional Information - No Link Provided
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. Administrative and judicial procedures. Worker's compensation, if identified. Judicial procedures.
J7. Describe any other administrative enforcement procedures your state may have.
N/A
J8. Describe any other judicial enforcement procedures your state may have.
Garnishment, statutory liens.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
The child support order must be recorded in the State of Hawaii, Bureau of Conveyances.
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J10. Which of your state's enforcement remedies are available without judicial actions?
None.
J11. Describe your state's procedures for registering and enforcing another state's order.
The out-of-state order is filed with the Family Court. Notice is given to the non-registering party of the filing and of the fact that the person has twenty (20) days to request a hearing. If no request for hearing is received or if a hearing is held and the registered order is confirmed, enforcement is done in the same manner as if the order was issued in this state.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
No additional judicial procedures are necessary to enforce the registered order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Hawaii Revised Statutes Section 636C.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Yes.
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?
TransUnion.
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.
Responding State.
J19. What documentation does your state require to proceed with an AEI request?
The obligor must be residing in the state and owe more than $1,000.00 in past due child support.
J20. What mandatory data elements does your state need to process AEI requests?

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?
J22. How many copies/sets of documents does your state require with an AEI request?
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?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
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.
J25. What is the procedure for obtaining a certified copy of a court order?
J26. What is the procedure for obtaining a certified payment record?
J27. Is there a cost for requesting a certified copy of a court order or payment record?
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?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
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?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
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?
Yes
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?
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?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

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)?
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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K2. Briefly describe your state's modification procedure.
Both CP and NCP can request a review in TANF and non-TANF cases. TANF cases may be reviewed automatically.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
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 and enforcement action takes place. If a hearing is requested, one is scheduled and appropriate action is taken after the issue of the modification is decided.
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.
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.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
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?
K5. Does your state have cost of living adjustments (COLAs) for orders?
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
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.
K7.1. If yes, explain the circumstances?
K7.2. What is the statutory citation for your abatement law?

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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.
N/A
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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.
N/A
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Generally, paternity acknowledgements/ affidavits and birth records are not made available to the public. Persons authorized to receive such information must make a request to the State of Hawaii, Department of Health.
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?
The requirements under UIFSA for the registration of an out-of-state order must be followed.
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.).
L1.2 Provide the statutory citation.

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L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.

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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?
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
L7. Does your state use the lien/levy process to attach lump sum payments?
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?
Notice Of Lien.
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?
N/A
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?
The same as those that apply to regular income withholding.
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L9.3. If yes, what are those limits?
N/A
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.

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M1.1. Additional information on the CCPA.

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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

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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

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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?
Obligor must owe at least $5,000.00 in past due support.
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
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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.
Hawaii Revised Statutes 28-2.5, 571-52.2, 576E-16.
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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.
N/A
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
No.
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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?
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)