Let’s Be Realistic

• Ability to Pay • Kansas Practices/Outreach• Establishment of Orders• Modification of Orders• Collection of Arrears• Incentives

Agenda

Ability to Pay• Reliable support for children is our primary purpose.• Federal requirement to determine support using Guidelines • Federal requirement to review and adjust support amounts according to

changes in income• Current support set according to ability to pay is more likely to be collected

at 100%.• Obligations set according to ability to pay are proven to minimize the accrual

of burdensome arrears.• Research shows when support amounts are not based on the parent’s ability

to pay, children are less likely to receive support. This directly affects: Current support payments Parental Involvement with ChildrenCooperative Parenting / Family conflict

Department of Health and Human Services, Office of Child Support Enforcement, Child Access and Visitation Programs: Participant Outcomes, 2006. Jessica Pearson, Building Debt While Doing Time: Child Support and Incarceration, The Judges’ Journal Vol. 43, 2004.

PAIDProject to Avoid Increasing Delinquencies

• setting appropriate orders, • employing early intervention, • order review and modification, • improving locate and enforcement, and • managing existing arrears

Judicial Bench Card

OCSE Judicial Bench Cards and Fact Sheets

• Issuing Realistic & Enforceable Orders• Entering Default Orders• Ordering Retroactive Support• Establishing Realistic Child Support Orders: Engaging Noncustodial Parents• Effects of Child Support Order Amounts on Payments by Low-Income Parents

National Studies and Recommendations

• Setting Appropriate Child Support Orders: Practical Techniques Used in Child Support Agencies and Judicial Systems in 14 States (2007)

• Integrating Problem-Solving Court Practices into the Child Support Docket (2008)

Kansas PracticesKansas implemented the following practices to assist parents in meeting their child support obligations:

• Establish realistic orders based on the ability to pay• Early Intervention• Work with the parties to obtain agreed orders for child support and give NCP a reduction in state arrears (if applicable) on voluntary orders• Actively modify orders•Incentives

Kansas OutreachCSS staff have provided education on paternity and the IV-D program:

•Correctional Facilities: El Dorado, Hutchinson, Larned, Topeka, Winfield and soon Leavenworth Federal Facility• DCF staff in other divisions• Hospitals• Health Departments• KDHE• Community events

Establishment of Orders• Right sized orders from the beginning. • Effective date needs to be in the future, not

in the past. • Modification done from zero to some amount, should be handled the same as establishments.

Ways to Improve Current Support Collected

•Reach out to NCPs to avoid default orders• Search out actual past income to avoid imputing• Minimize the time period for reimbursement or retroactive support• Immediately link NCPs with employment services,

education, transportation, and parenting

Modifications• More than three years has passed since order for support, last modification, or modification review.

• No child support was entered in the order, but CP/CH have an open mandatory program.

• Required to establish child support order if CP/CH open TANF or Childcare.

• Not required to seek cash support order if CP/CH only open MA.

• Change in circumstances that may result in a +/ 10% change in ‐child support amount. Examples of this:

• Change in income, employment, living expenses, health care costs, child care expenses

• Change of custody• Emancipation of one child in the order• Children moving to a different age category

• Either parent requests modification.

Modifications• Simplify the financial statement – use the short form DRA if allowed in your Judicial District• Persist in contacting NCP and current employers• NCP may be on TANF or in county jail• CP can be a source of information• Use past employment / income • Impute only as last resort, and then with reason;

i.e. 30 hours/week

How to Increase Arrears Collected

•Timely review and modification of obligations when income changes•Consider compromising state-owed debt•Examine other states’ model programs•Engage NCPs in linking to resources

Kansas IV-D Case Incentives•Education: GED, High School Degree, Vocational/ Technical School, Two year degree, Bachelors Degree• Child Support Savings Initiative• Approved Classes in Financial Counseling, Parenting, Fatherhood, Workforce

Incentives for State Arrears Adjustments

The Kansas Child Support Program will give credit towards State arrears for the following incentives:

1. Completion of GED; Vocational School; Two year degree; Bachelors; OSHA; Forklift certificate; Culinary certificate; Tech Ed: college degree

2. Child Support Savings Initiative (aka 529 Program) 3. Classes

Process to receive credit unless otherwise noted by the specific incentive/class:

The NCP will need to provide CSS a copy of hours spent in classes, signed by the instructor that includes the class’s agency’s letterhead and a signed release so CSS can verify the information

The worker will review the case to ensure there is enough URA and obtain their supervisor’s approval for the credit (for certificates, it must be approved by Trisha Thomas)

If there is not a child support case with DCF or no state arrears owed, the worker needs to send a letter to the NCP indicating they do not qualify for the reduction and why-NARRATE!.

Once it is approved, the worker will send a request to finance to make the adjustment- NARRATE!

After the adjustment, the worker will need to notify the NCP that the credit has been applied and notify legal so a partial satisfaction of judgment can be filed- NARRATE!

The supervisors are responsible of tracking credits received and forwarding the information to their regional CSS Program Administrator

Quarterly, the CSS PAs will notify Central Office (Sarah Zale) of the credits that have been applied

G.E.D. Incentive/Certificates The CSS Program will give $1000 credit towards State arrears for NCPs who obtain their G.E.D. after November 1, 2012. In addition, the same amount of credit can be applied if the NCP receives certain types of certificates. For Tech Ed, the credit towards State arrears will be $1,500 and for a college degree will be $2,000. (any questions, ask Trisha Thomas or Melissa Johnson for guidance) Note for process: The NCP will need to provide CSS a copy of their diploma/certificate

Child Support Savings Initiative The CSS Program will give credit of $2.00 towards State arrears for every $1.00 that is paid into the CSSI 529 college savings account as long as the monthly current support and $1.00 towards arrears is received at the KPC the same month the deposit into the 529 college savings account is made.

Note for process: The worker will need to refer the NCP to Sarah Zale at 1-888-632-7758 or cssinfo@dcf.ks.gov The description information and application can be found on the public DCF website. We have brochures we can provide for your lobby or to hand out. The deposits will be reviewed on a quarterly basis and Sarah Zale will submit a request to finance to have the adjustment made and send a letter to the NCP notifying them of the adjustment Sarah Zale will email the worker to notify them of the adjustment

Kansas Child Support Savings Initiative

Kansas Child Support Savings Initiative

In June, 2013 Kansas Department for Children and Families began a partnership with the State Treasurer’s Office to allow Noncustodial Parents to establish 529 higher education savings accounts for their children and receive reductions in arrears owed at the same time.

Core Criteria:

Kansas Child Support Savings Initiative

• Child is still a minor.• Current support plus $1 towards arrears are

paid in the same month as deposit into the 529.• If arrears only then $1 is paid towards the arrears in

the same month as deposit into the 529. • 529 deposits must be made separately from child

support and mailed direct to Learning Quest.

Incentives:Kansas Child Support Savings Initiative

State owed arrears: For every $1 deposited into the 529 account in qualifying month, $2 of state owed arrears will be forgiven

Custodial parent owed arrears: For every $1 deposited into the 529 account in qualifying month, $1 will be sent to the KPC and distributed as arrears payment to custodial parent

Kansas Child Support Savings Initiative

As of June 2, 2014:• 35 savings accounts opened

• $17,313.17 invested in 529 accounts• $34,992.58 State arrears forgiven as of May 2014

Forms found at http://www.dcf.ks.gov/services/CSS/Pages/529.aspx

Information can be obtained by calling 888-632-7758.

Barbara LacinaActing Regional Program ManagerRegion VII - Office of Child Support EnforcementAdministration for Children & Families816-426-2269barbara.lacina@acf.hhs.gov

Melissa JohnsonDeputy DirectorKansas Child Support ServicesDepartment for Children and Families785-296-1955melissa.johnson@dcf.ks.gov