10- 144 C.M.R. ch. 351, § 27-5

Current through 2024-25, June 19, 2024

Section 144-351-27-5 - INITIATING STATE IV-D AGENCY RESPONSIBILITIES

When acting as the initiating State IV-D agency, the Department must:

A. Determine whether there is a support order or orders in effect in a case by reviewing the Federal and State Case Registries, Department records, information provided by the recipient of services, and other relevant information available to the Department;

B. Where multiple orders exist, determine which State holds the controlling order and reconciliation of arrearages;

C. Determine whether the noncustodial parent is in another jurisdiction and whether it is appropriate to use that jurisdiction's one-state remedies to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding;

D. Within 20 calendar days of completing the actions required in paragraphs (A) through (C) and, when applicable, receipt of any necessary information needed to process the case:

(i) Ask the appropriate intrastate tribunal, or refer the case to the appropriate responding State IV-D agency, for a determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and

(ii) Refer any intergovernmental IV-D case to the appropriate State Central Registry, Tribal IV-D program, or Central Authority of a country for action, if one-state remedies are not available or appropriate;

E. Provide the responding agency sufficient, accurate information to act on the case by submitting with each case any necessary documentation and intergovernmental forms required by the responding agency;

F. Within 30 calendar days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided;

G. Notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support under an initiating State order being enforced in the responding jurisdiction;

H. Submit all past-due support owed in IV-D cases that meet the certification requirements under 45 C.F.R. § 303.72 for Federal tax refund offset,

I. After determining that a request for review of a support order is merited, send the request to the other State within 20 calendar days, in accordance with section 466(a)(10) of the Social Security Act and 45 C.F.R. § 303.8;

J. Distribute and disburse any support collections received in accordance with this Chapter and 45 C.F.R. §§ 302.32, 302.51, and 302.52, sections 454(5), 454B, 457, and 1912 of the Social Security Act, and instructions issued by the Federal Office of Child Support Enforcement;

K. Notify the responding agency within 10 working days of case closure that the Department has closed its case pursuant to Chapter 3.7, and the basis for case closure;

L. Before transmitting a withholding order or notice to an employer in an interstate case, instruct the responding agency to close its case, and to stop any withholding order or notice that the responding agency has sent to an employer, unless the Department and the other agency reach an alternative agreement on how to proceed; and

M. If the Department has closed its case pursuant to Chapter 3.7 and has not notified the responding agency to close its corresponding case, make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service, and accept, distribute and disburse any payment received from the responding agency.

10- 144 C.M.R. ch. 351, § 27-5