Case Processing Timeframes

The Family Support Act of 1988 (P.L. 100-485) required that time limits be established within which States must accept and respond to requests for assistance in establishing and enforcing child support orders. This included requests to locate absent parents, establish paternity, initiate proceedings to establish and collect support awards, and distribute amounts collected as child support. Final regulations specifying standards for processing IV-D cases and timeframes for distributing collections were issued on August 4, 1989. Effective October 1, 1990, States were required to comply with these new requirements. The standards were established to ensure appropriate and expeditious processing of IV-D cases.

Audit Timeframes

45 CFR – Sections as noted below.

Case Initiation (303.2(b))

20 days from date of receipt of application

Locate (303.3(b)(3))

Locate within no more than 75 days; access all appropriate location sources

Establishment of Order (303.4)

• Service 90 calendar days of locate; establish order or complete service of process
• Paternity (303.5(f)) – must seek a default order (court or administrative process) by showing service or process and failure to respond
• Income assignment (303.100(f)(2)) issue notice to employer within 2 calendar days of the date of order if employer known or of date employer is located

Expedited Process (303.101(b)(2)(i))

Establishment case, regardless of whether paternity is an issue, action to establish support must be completed from date of service to process to disposition: 75% in 6 months; 90% in 12 months

Enforcement (303.6(2))

Take any appropriate action (I/A, F/STO, etc.) within 30 calendar days of identifying delinquency/support related non-compliance UNLESS service of process is necessary; then within 60 calendar days of identifying delinquency/non-compliance after service of process

Review and Adjustment (303.8 (e))

(CFR) within 180 calendar days of receiving a request for review OR locating non-requesting parent, whichever is later, State must:

Conduct review, and

Adjust order/determine no change.

OAC 340:25-5-198.1 (f) within 15 calendar days of request, determine whether a review should be conducted.

Intergovernmental (303.7)

Initiating:

1. (c)(4)(ii) Notify IV-D agency within 20 days of determining NCP in another state
2. (c)(6) Respond to inquiry of additional info within 30 days of receipt
3. (a)(7) Notify of any new info within 10 days
4. (c)(9) Forward request for review within 20 days
5. (c)(11) Notify the responding state of case closure.

Responding:

1. (d)(2) Within 75 days of receipt:
   1. Provide locate services, locate only, OR inadequate locate info included
   2. If unable to proceed (inadequate documentation) notify initiating state of needed info
   3. Incomplete documentation; process to extent possible, pending receipt of necessary info/documents from the initiating state (IS)

2. (d)(4) Within 10 working days of location in different jurisdiction, forward case to appropriate jurisdiction and notify IS/Central registry
3. (d)(3) Within 10 working days of locating in other state:
   1. Return case, including new location, or, if directed by IS, forward to CR in current state of residence
   2. Notify the responding state’s CR where case was sent
4. (d)(6)(v) …forward payments to IS
5. (d)(7) Timely notice in advance of possible establishments/adjustment hearings
6. (a)(7) Notify within 10 working days of any new info received
7. (d)(10) Notify CR/IS of any case closure

You may want to review other articles in the Audit and Performance area of CSQuest.