Child support transportation service and education and outreach

The California Department of Child Support Services (DCSS) has issued policy regarding transportation and education and outreach.  This policy implements sections of the new federal child support regulations that became effective on December 20, 2016.

The new federal regulations at 45 CFR Section 304.20(b)(3)(v) authorize providing transportation assistance such as bus fare or taxi reimbursement for participation in the establishment of and enforcement of child support orders.  DCSS policy is that each local child support agency may, at its discretion, provide minor transportation assistance costs.

The new federal regulations at 45 CFR Section 304.20(b)(12) also authorize education and outreach activities intended to inform the public, parents, family members and young people who are not yet parents about the child support program, responsible parenting, family budgeting and other financial responsibilities when parents are not living together.  DCSS policy is that local child support agencies may conduct education and outreach activities.  (CSSP Letter 19-05, June 4, 2019.)

Suppression of child support enforcement

The California Department of Child Support Services (DCSS) has issued new policy regarding the use of suppressions of child support enforcement actions.

Suppressions shall not be placed on Financial Institution Data Match because this is considered a locate tool.

Suppressions shall not exceed 12 months except for bankruptcy and interest suppressions.  Bankruptcy suppressions are reviewed by Local Child Support Agency legal counsel.

Credit reporting must be suppressed for noncustodial parents who are incarcerated for more than 90 consecutive days unless the noncustodial parent has the means to pay or incarceration is for domestic violence or failure to pay child support.

Interest can only be suppressed because of a court order or active out-of-state order.

Income Withholding Orders can only be suppressed when there is a court court order that the wage assignment is stayed, the parties file a stipulation with the court and the noncustodial parent is compliant every month, or social security derivative benefits exceed the court ordered obligation.  (CSSP Letter 19-02, February 12, 2019.)

Forwarding child support court documents containing confidential information

The California Department of Child Support Services (DCSS) has issued new policy regarding forwarding court documents received from individuals seeking or receiving child support services which contain confidential information.

The new policy is that Local Child Support Agencies must forward forms, attachments, and documents received from individuals seeking or receiving child support services to the courts unaltered.  DCSS states that the responsibility for redacting confidential information is with the party that wrote the document.

Local Child Support Agencies must inform individuals seeking or receiving child support services that documents submitted to the court are public records that are available for review upon submission.  (CSSP Letter 19-01, February 13, 2019.)

Current index of California child support policies

The Department of Child Support Services (DCSS) has issued an index of child support program policies.  The index indicates which policies are current, obsolete, superseded or informational.  DCSS is working on a procedures manual to provide guidance and this index is part of that project.

This index is important because it provides a reference for which DCSS letters and other policy documents can currently be relied upon.  (CSSP Letter 18-10, December 18, 2018.)

Child Support enforcement against concurrent SSI and Social Security benefits

The federal Office of Child Support Enforcement has issued guidance regarding enforcement of child support orders against persons who receive either concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.

States can close cases where the obligor parent receives concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.

States cannot garnish concurrent SSI and Social Security Disability or concurrent SSI and Social Security Retirement benefits.  States cannot send income withholding orders to Social Security to withhold the Social Security Disability or Social Security Retirement portions of concurrent benefits.  If benefits are improperly garnished, they must be returned within 5 business days after the child support agency makes that decision.  States can continue to garnish benefits from obligors who receive only Social Security Disability or only Social Security Retirement.

(PIQ 18-02, June 25, 2018.)

Child Support recoupment and CalWORKs overpayments

The California Department of Social Services (CDSS) has issued instructions regarding the interaction between child support recoupment and CalWORKs overpayments.  Any month in which the full amount of CalWORKs paid is reimbursed by collected child support is not counted as a month of receipt of aid for the 48 month time on aid limit.  This not counting of months where the full amount of CalWORKs paid is reimbursed by collected child support occurs whether the child support is collected in that month or is retroactively applied to that month.

Child support recoupment cannot be used to reimburse a CalWORKs overpayment because it is used to adjust time-on-aid.

When a month is a partial overpayment and the client is eligible for a portion of the CalWORKs paid for that month, child support recoupment can only repay the portion of the grant that the client is entitled to.  Time-on-aid for that month cannot be unticked until the county is fully reimbursed for CalWORKs paid for that month.

If the county determines there is an overpayment for a month that was previously reimbursed by child support collection, the county must change the child support collection to apply it to the next month that has not been unticked. (ACL 18-123, October 8, 2018.)