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Let’s Be Realistic

Let’s Be Realistic. Agenda. • Ability to Pay • Kansas Practices/Outreach • Establishment of Orders • Modification of Orders • Collection of Arrears • Incentives. • Reliable support for children is our primary purpose. • Federal requirement to determine support using Guidelines

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Let’s Be Realistic

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  1. Let’s Be Realistic

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

  3. • 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 Children • Cooperative 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. Ability to Pay

  4. PAIDProject to Avoid Increasing Delinquencies • setting appropriate orders, • employing early intervention, • order review and modification, • improving locate and enforcement, and • managing existing arrears

  5. Judicial Bench Card

  6. 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

  7. 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)

  8. Kansas 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 Practices

  9. CSS 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 Kansas Outreach

  10. 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.

  11. 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

  12. 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.

  13. 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

  14. •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 How to Increase Arrears Collected

  15. 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

  16. Kansas Child Support Savings Initiative

  17. 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.

  18. Kansas Child Support Savings Initiative Core Criteria: • 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.

  19. Kansas Child Support Savings Initiative Incentives: 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

  20. 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.

  21. Barbara Lacina Acting Regional Program Manager Region VII - Office of Child Support Enforcement Administration for Children & Families 816-426-2269 barbara.lacina@acf.hhs.gov Melissa Johnson Deputy Director Kansas Child Support Services Department for Children and Families 785-296-1955 melissa.johnson@dcf.ks.gov

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