The Department of Child Support Services has issued statewide policy instructions regarding suspension of child support orders for incarcerated obligors.  This policy implements revisions to Family Code 4007.5 in AB 610 (2015).

Child support obligations are suspended when a qualifying order is issued or modified after October 8, 2015 and the obligor has been incarcerated or involuntarily institutionalized for more than 90 consecutive days after the order was issued or modified.  The suspension applies to payments on a current order and arrears payments.

Exceptions to child support obligation suspension are when the obligor has the means to pay while incarcerated or involuntarily institutionalized, the incarceration or involuntary institutionalization is for domestic violence, or the incarceration or involuntary institutionalization is for failure to comply with a child support order.

Local Child Support Agencies (LCSA) can administratively adjust orders at any time after the initial 90 days of incarceration or involuntary institutionalization provided that the LCSA sends notice of the intended adjustment to both the obligor and obligee and neither party has objected within 30 days of receipt of the notice.  If either party objects, the LCSA must file a motion in court. The child support order suspends effective the first day of the first full month following incarceration or involuntary institutionalization.

If there is no evidence of ability to pay when the obligor is incarcerated or involuntarily institutionalized, the LCSA can ask the court to establish a $0 order when the order is initially established or when the LCSA determines based on its review of the case that the order should be modified.

These policies do not apply to orders established or modified prior to October 8, 2015. (CSSP Letter 17-03, October 10, 2017.)

The Office of Child Support Enforcement (OCSE) of the United States Department of Health and Human Services has released instructions that 14 forms for international child support cases have been approved for use.

The United States ratified the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance on August 30, 2016.  The Hague Child Support Convention provides a legal framework and administrative procedures for international child support cases, speeds up the enforcement of U.S. orders by limiting the circumstances under which a court can review and object to an order those similar to grounds now allowed under United States law, recognizes United States due process requirements, and provides standardized time frames and procedures for international case processing.  (See OCSE DCL 16-11.)  31 countries have signed the Hague Child Support convention.

Child support agencies must use the approved forms for case processing with convention countries unless the responding countries has different form requirements.  (OCSE AT 17-06, July 11, 2017.)

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).

The California Department of Child Support Services (DCSS) issued instructions to Local Child Support Agencies (LCSAs) about providing bilingual and interpreter services. DCSS’ new policy is based on the Dymally-Alatorre Bilingual Services Act.

DCSS directed LCSAs to 1) provide interpreters for limited English proficient persons who speak a language spoken by five percent or more of the population served by the LCSA, 2) post notices in languages spoken by five percent or more of the population served by the LCSA about the availability of bilingual services upon request, 3) translate written materials, including forms, signs and literature, into languages spoken by five percent or more of the population served by the LCSA, and 4) determine and employ a sufficient number of bilingual staff in public contact positions.

DCSS included a chart of languages that are spoken by 5% of the population served by the LCSA based on the 2010 census and the American Communities Survey. CSS Letter 16-05 (February 9, 2016).

DCSS has issued information about new child support legislation. Two of these bills are noteworthy. AB 610 authorizes administrative suspension of child support orders due against incarcerated or other involuntarily institutionalized obligors and adjustment of arrears to zero for these obligors if there is no objection from either parent. If there is an objection, the issue is heard in court. This bill is effective October 9, 2016

SB 646 adopts the Uniform Interstate Family Support Act of 2008 (UIFSA) as California law effective January 1, 2016. This is required by federal law. SB 646 also adopts the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance as California law. The Hague Convention establishes uniform procedures for processing international child support cases. CSSIN 15-01 (12/22/15).