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Objectives of this course

• To be able to identify a Child Support type of case.

• To be able to recognize the forms used to work a Child Support type of case.

• To be able to identify policy and procedures necessary to work a child support case.

• To be able to recognize the court procedures used to establish a Child Support order.

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What is a Child Support type of case?

• A case in which paternity is not in question.• Child may be a legal child.• Paternity may have already been established.

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• A legal child is born during lawful wedlock, or within 10 months thereafter.

• When a child is born during lawful wedlock or within 10 months thereafter, the child is presumed to be the child of the husband and wife.

• This presumption is one of the strongest known in

law; however, it is not conclusive and may be contested.

What is a legal child?

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What is another way a childmay be considered legal?

• A child who is born of a common-law relationship is considered to be a legal child.

• Paternity is not required on these cases unless there is a dispute of paternity.

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• A marriage established by mutual agreement and cohabitation of a man and a woman.

• There is no ceremony and it does not have to be in the presence of any witnesses.

• A couple must have lived together and indicated to the community that they were husband and wife.

What is a common-law marriage?

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• Kentucky does not recognize common-law marriages.

• However, we do recognize common-law marriages that originated in other states.

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This is what it all boils down to …

• Since paternity is not in question, there is already a legal duty to support the child in place.

• But, there is not an existing child support order.

• So…..our goal is to get a support obligation set.

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How will I receive a Child support referral?

• You will receive an electronic referral from the IV-A office on your worklist if the custodial parent (CP) is receiving KTAP or medical.

• If the CP is not receiving KTAP then you will be taking a Non-KTAP application.

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More Facts about referrals…

• An electronic referral from the public assistance office is sent through the system interface for new applications and reapplications.

• A child support caseworker will receive the electronic referral on their worklist.

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More Facts about referrals…

• A Non-KTAP application is given to custodial parents who do not receive KTAP but wish to receive our child support services.

• A Non-KTAP custodial parent receives the same services that a KTAP custodial parent receives.

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What about timeframes?

• A child support case must be opened within 20 calendar days.

• Opening a case means initiating an action.

• Within 90 calendar days of locating the alleged father, we must establish a support order or complete the service of process needed to start proceedings to establish a support order

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• A caseworker must review a referral to see if it is:

– Workable - Has the potential to be successfully completed.

– Unworkable - Not enough information; must put in low priority.

– Closed - Meets the criteria for case closure.

• A caseworker should also review case and check for voluntary health insurance.

Reviewing a Referral

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How does a child support worker initiate action on a case?

• The contracting official initiates action upon the request of the complainant -- which can be the mother, child, or a person or agency substantially contributing to the support of the child.

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• Step #1 -Send the custodial parent (CP) a “Client appointment letter” (LCAP).

– If the CP is receiving KTAP then they must cooperate or their benefits in the Public Assistance Office may be reduced.

• Step # 2 - On the day of the interview, the contracting official will prepare a complaint for the custodial parent to sign.

Initiation of Judicial Action

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• Step # 3 - Once the complaint has been signed then it will be sent to the Non-custodial parent (NCP).

• Step # 4 - Service of Process must be verified to ensure that the NCP received this document and is aware of this action.– A Civil Summons will also be issued and sent

to the NCP at this time.

Initiation of Judicial Action

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Initiation of Judicial Action

• A Financial Information Letter should be sent with the complaint and civil summons.

• This will allow the NCP to verify their income and return it to the Contracting Officials Office.

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What is Service of Process?

• Service of Process is used to ensure that the NCP receives Due Process of Law and is fully aware of the action that is being taken.

• In other words, this is our way of documenting and verifying that the NCP received the complaint.

• Service of Process can be documented on KASES.

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• Step # 5 - Once service of process is complete the NCP has 20 days to respond.

• Step # 6 - The NCP may voluntarily agree to establish a support order or a default judgment may be entered if the NCP fails to respond to the summons.

• Step # 7 - If an agreed order or a default judgment is not entered, a hearing is held before a court and the judge will set support.

Initiation of Judicial Action

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How is an agreed orderused when setting support?

• An Agreed Order may be used to set child support when a Voluntary Acknowledgment of Paternity has been signed.

• The participants can use the obligation suggested by the Kentucky guideline or they deviate from the guideline if they are not receiving KTAP.

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When is a default judgment usedto help figure an obligation?

• When a NCP chooses not to respond to the summons and cooperate with child support then a default judgment will be sought.

• This means that the support order will be set without any income or other information from the NCP.

• Support may be set by using the Default Scale or by other means determined appropriate.

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Initiation of Judicial Action

• Step # 8 - If the NCP cooperates and responds to the summons then an obligation will be calculated based on the Kentucky guideline.– This obligation will be

based on the NCP’s income and other information that he/she provides.

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• The Child Support Obligation Guideline and the Worksheet for Monthly Child Support Obligation (Form CS-71) are used together to determine the monthly child support obligation.

• The guideline used is based on the combined income of both parents.

• A minimum amount of $60/month must be set for child support even if the parents income is $0.

How to figure a support obligation

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Income

• DCSE must have proof of income before determining a support obligation.

• Income is actual gross income for the parent if employed to full capacity or potential income if unemployed or underemployed.

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• salaries, wages, retirement and pension funds,

• commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities,

• capital gains, social security benefits, workers’ compensation benefits,

• unemployment insurance benefits (UI), disability insurance benefits,

• Supplemental security income (SSI), gifts, prizes, and alimony or maintenance.

Different types of Income

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How can we verify a person’s income?

• Wage records on KYIMS

• Award letter from SSA office

• Statement from Bank

• W-2 Income tax form

• UI on KYIMS

• Financial information letter

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• When figuring a support obligation, one must also consider participants who may be voluntarily unemployed or underemployed.

What if a participant is voluntarily unemployed or

underemployed?

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Voluntarily unemployed means the parent is not working by choice, he or she has quit work or has chosen never to work.

Voluntarily underemployed means the parent is working for less money by choice; his/her current wages are less than their previous wages.

What if a participant is voluntarily unemployed or

underemployed?

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• Income is imputed to a parent when the parent is voluntarily unemployed or underemployed.

– Imputed means that this income is charged to the parent

• Previous income or minimum wage, whichever is higher is used to determine the obligation amount.

  

How do we handle these cases?

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• NCP’s or CP’s who receive KTAP are considered voluntarily unemployed therefore you would impute income to them.

• However, if a KTAP recipient is physically or mentally disabled or caring for a child 3 years old or younger then use actual income for them. Actual income may be $0.

  

How do we handle these cases?

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• The guideline allows for verified deductions to be used when figuring a child support obligation.

• These deductions are used to help the participant by deducting the amounts from their income.

• If the participant can verify that they are out these expenses monthly then we can deduct it from their income when figuring a child support obligation.

What about Deductions?

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What about Deductions?

• Deductions are as follows:

– Ordered maintenance payments which are being paid to a prior spouse. (Spousal support)

– Ordered child support payments which are being paid on behalf of an older child.

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- Imputed child support for prior born children residing with the parent.

• Example: NCP is not paying support on this child because it lives with him, but he would have to pay support on this child if it were not living with him.

– Child support paid but not ordered for older children for whom the parent is legally responsible. (Voluntary support)

What about Deductions?

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Initiation of Judicial Action

• Step # 9 - Once the obligation is figured then a judge can determine if the amount is fair or not.

• Step # 10 - The NCP may choose to sign an Agreed Order at this time if he agrees with the obligation amount.

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Initiation of Judicial Action

• Step # 11 - If the NCP does not agree then he/she will be scheduled for court to discuss this matter with a judge.

• Step # 12 - At that time the judge will then determine the support obligation and an order will be set.

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