CHILD SUPPORT 101 November 7 th , 2011 Presented by Department of Social and Health Services DCS Olympia Field Office.
CHILD SUPPORT 101
November 7th, 2011
Department of Social and Health Services
DCS Olympia Field Office
A hundred years from now, it will not matter how much money was in my bank account, the sort of house I lived in, or what kind of car I drove. . . But the world may be different because I was important in the life of a child.
Policy: The Division of Child Support (DCS)
Opens a IV-D case upon receipt of:
Generated upon completing a new application or eligibility review for TANF or Medical Assistance.
Every child deserves to have a legal father,
To know who that father is, and
To claim the rights and benefits
That come with that knowledge.
Legally, paternity is the fact of being the male parent (father) to a child.
There are three ways to establish legal paternity:
If the mother and father marry before the child’s birth, the marriage creates a “presumption of paternity” in the husband.
The husband is the child’s legal father.
This presumption may be challenged in court.
The court decides if a man is the father of a child.
To do this, the court usually requires a genetic test of the mother, father, and child. This is especially true if there is more than one possible father.
Use the court process if any party is unsure about signing the affidavit OR if the woman’s husband is unwilling to sign a denial of paternity.
The paternity affidavit is a legal form. State law considers the man who signs this form to be the legal (biological) father of the child.
Both parents must sign the form, being sure to have their signatures notarized.
The form must be filed with the Washington State Department of Health.
Sign the form only when both the man and the mother are sure the man is the only possible biological father of the child.
A paternity affidavit signed by a minor is legal. State law holds minors who sign the form to the same degree of responsibility as adults.
If a child is born during a marriage or within 300 days of the end of the marriage, the husband is PRESUMED to be the father.
If the husband agrees to sign the denial of paternity section of the affidavit, another man can be listed as the natural (biological) father. Without the husband’s denial, the natural father will not be listed as the child’s father on the birth certificate.
You may ask the court to remove the father’s name from the birth record. This action must be filed with the courts within 60 days of the filing date of the affidavit with Dept of Health (DOH).
If the court allows the rescission, DOH will remove the man’s name from the birth certificate.
If it has been more than 60 days from the filing date of the affidavit with DOH, a legal challenge may still be made. The father must be able to show the court that he signed the form under fraud or duress. This is material mistake of fact.
YOU CANNOT CHALLENGE THE PATERNITY AFFIDAVIT IF IT HAS BEEN MORE THAN 2 YEARS FROM THE FILING DATE.
You can contact our office and open a case for paternity establishment only. This is helpful if you cannot locate the father. This cannot be done if the child is already over the age of 18.
Any court actions and their filing fees are minimal.
Set by Division of Child Support
Support Enforcement Officer
*Federal Law requires us to send a withholding order to an employer if the NCP is employed.
STATUTE OF LIMITATIONS
Applied based on law of the issuing or enforcing state. We may apply whichever law preserves the debt the longest.
The statute can be waived by the NCP
Changing a Child Support Order
Modification of decree for maintenance or support, property disposition — Termination of maintenance obligation and child support — Grounds.
Reasons to Modify a Child Support Order
Who Can Petition for Modification?
Modification of Administrative Orders
Modification of a Court Order
Pro Se Modification Through the
Family Court Facilitator
Attorney Initiated Modification
Dealing with Obstacles
Large Support Debts can create a barrier to
DCS may be able to help.
Negotiation of Payments
Reduction of Debt
Charge Off of Debt
DCS does not require cooperation if the TANF/MAO custodian is afraid the Non-Custodial Parent may harm the child or custodian, or when there is a good cause claim pending or granted.
Good Cause Level A: DCS cannot proceed with establishment or enforcement of child support.
Good Cause Level B: DCS can proceed with establishment or enforcement but without CP cooperation.
DCS does not initiate actions to collect support on a foster care case when collection of current support would reduce the head of household’s income to less than the self support reserve if there are other dependent children in the NCP’s home.