The United States Department of Health and Human Services has substantially changed the regulations governing child support effective January 19, 2017. Highlights of the changes include:
For establishment of child support orders, agencies must take reasonable steps to develop the factual basis for the requested support obligation, gather information about the non-custodial parent’s earnings and income, and when income and earning information is unavailable, gather information about the specific circumstances of the case. (45 C.F.R. § 303.4.)
For enforcement of child support orders, states must establish guidelines for using civil contempt and must give clear notice that ability to pay is a critical question in civil contempt cases. (45 C.F.R. § 303.6.)
For modification of child support orders, agencies must initiate review if they learn that the non-custodial parent is incarcerated for over 180 days even without a request, and must give notice to both parents within 15 days of initiating that review. (45 C.F.R. § 303.8.)
Case closure is no longer mandatory but is optional with the agency when one of the criteria in the regulation is met. The case closure criteria are substantially expanded and changed. (45 C.F.R. § 303.11.) There are now 21 possible reasons to close a case.
For medical support orders, the regulation is modified to allow flexibility in how a non-custodial parent provides health insurance coverage. (45 C.F.R. §303.31.)
The changes also allow paternity only services in non-welfare cases and specify requirements for state child support order guidelines.
Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs, 81 Fed. Reg. 93492 (December 20, 2016).