Federal Case Closure Criteria

In this Topic

  1. Introduction
    1. Child Support Case Closure Criteria
  2. No Longer a Current Support Order
    1. Case Closure Critera
      1. Minimum Arrears
      2. Minimum Arrears (URESA/UIFSA Cases)
  3. Death of Non-Custodial Parent or Putative Father
  4. Paternity Cannot Be Established
  5. NCP Location Unknown
  6. NCP Is Unable to Pay Support
  7. NCP Resides in a Country without Reciprocity
  8. Location Services Complete
  9. Custodial Parent Requests Closure
  10. Good Cause
  11. Unable to Contact Non-TANF Recipient of Services
  12. Non-Cooperation by Non-TANF Recipient of Services
  13. Failure of Initiating State to Take Essential Action
  14. The Initiating Agency Has Closed Its Case
  15. Intergovernmental Services no Longer Needed
  16. Related Information

Introduction

To improve the effectiveness of the state’s Title IV-D CSChild Support Program and protect the rights of the child to the entitled support, the OCSEOffice of Child Support Enforcement established a set of case closure criteria in 45 CFR 303.11. See Child Support Clase Closure Criteria table below. A support case may be closed if it meets at least one of the federal case closure criteria found in 45 CFR 303.11.

The following section identifies the regulations that outline the 14 criteria, set in 45 CFR 303.11, allowing the Title IV-D agency to close a child support case. The terminology and processes used to apply the criteria may vary, depending on the agency’s function.

Note: The CWACounty Welfare Agency, the Family Division, and the PCSEProbation Child Support Enforcement Unit may each have a responsibility to close a case, depending on the case status, the circumstances of the case, and the agency handling the case. Communication between the agencies is essential to ensure the appropriate action is taken.

Child Support Case Closure Criteria

Criteria Responsible Agency

CWA

Family Division

PCSE Unit

1. No longer a current support order

 

 

2. Death of a NCPNon-custodial parent

3. Paternity cannot be established

 

4. NCP location is unknown

5. NCP is unable to pay support

6. NCP resides in a country without reciprocity

7. Location services complete

 

 

8. CPCustodial parent or party requests closure

9. Good Cause

 

 

10. Unable to contact non-TANFTemporary Assistance for Needy Families recipient of services

 

11. Non-cooperation of non-TANF recipient of services

12. Failure of initiating state to take essential action

13. The initiating agency has closed its case

14. Intergovernmental services no longer needed

No Longer a Current Support Order

Legal CitationLegal Citation45 CFR 303.11(b)(1), N.J.A.C. 10:110-20.3(c)(1)

When a financial support obligation no longer has a charging periodic support amount on the case and the arrears are under $500 or unenforceable under state law, the support case is eligible for case closure. Because New Jersey has no Statute of Limitations for the collection of support arrears, staff must ensure that all resources for enforcement are exhausted before closure. Proof of diligent efforts should be submitted with the administrative order to close the case.

Case Closure Critera

The PCSE Units are solely responsible for closing a case based on the case closure criteria detailed below:

Minimum Arrears

There is no longer a current support order, and the following conditions exist:

  • The arrears are $500 or less.
  • No collection has been received within the past 12 months, and court enforcement was attempted within the past 6 months, with notice to the obligor’s last known address.
  • No new locate information was received in the past year, despite diligent efforts using multiple sources of information. Multiple sources include the following:
    • FPLSFederal Parent Locator Service and any contracted location services
    • Intergovernmental location networks
    • Local officials and employees administering Public Assistance, General Assistance, medical assistance, food stamps, and social services
    • Relatives and friends of the NCPNon-custodial parent
    • Most recent or past employers
    • Local telephone company
    • U.S. Postal Service
    • Financial references
    • Unions
    • Fraternal organizations
    • Police, parole, and probation records, if appropriate
    • State agencies

Minimum Arrears (URESA/UIFSA Cases)

There is no longer a current support order, and the following conditions exist, as specified in URESAUniform Reciprocal Enforcement of Support Act and UIFSAUniform Interstate Family Support Act:

  • The arrears are $500 or less.
  • No collection has been received within the past 12 months.
  • The support order was entered by another state (i.e., orders on URESA/UIFSA actions initiated by New Jersey).
  • Locate or enforcement attempts by the responding state have been unsuccessful.

Death of Non-Custodial Parent or Putative Father

Legal CitationLegal Citation45 CFR 303.11(b)(2),  N.J.A.C. 10:110-20.3(c)(2)

A case is eligible for closure when the NCP is deceased and no further action, including levy against the estate, can be taken. In cases without support obligations, the CWACounty Welfare Agency and the Family Division are responsible for obtaining proper documentation.

Note: Documentation may include, but is not limited to, a copy of the death certificate; Social Security records; Bureau of Vital Statistics records; a deceased file match; and obituaries with sufficient identifiers.

In cases with support obligations, the PCSE Unit can terminate its interests under the following circumstances:

  • The obligor is deceased and documentation of death (see above note) has been obtained.
  • Cases with arrears due are to be kept open for one year after the date of death so that all automated processes can be completed (e.g., Federal Offset Program [FOP], Set-Off of Individual Liability Program [SOIL], income attachments) for possible collection of arrears.
  • No further action, including levy against the estate, can be taken by PCSE staff; however, a representative on behalf of the child could pursue the matter.

The PCSE Unit may use PPCSOProbation Prepared Child Support Order and the Status Review Process as additional methods to close a case.

Note: If the case entails alimony/spousal support only, the arrears may not be reduced to judgment; the closing order should reference the arrears.

Paternity Cannot Be Established

Legal CitationLegal Citation45 CFR 303.11(b)(3),  N.J.A.C. 10:110–20.3(c)(2)

The CWA and Family Divisions are responsible for closing a case if paternity cannot be established under any of the following four circumstances:

  • Age of the child: federal law requires that each state establish paternity up to age 1818Code of Federal Regulations, 45 CFR 302.70(a)(5). In New Jersey, the age of majority is 18 years old; however, the New Jersey Parentage ActNew Jersey Parentage ActNew Jersey Statute Annotated, 9:17-45 (b) extends the age deadline by five years, allowing paternity to be established up to the age of 23.
  • Excluded putative father: Paternity cannot be established if a genetic test or a judicial process has excluded the putative father and no other putative father can be identifiedidentified45 CFR 303.11(b)(3)(ii). These cases should be closed at the same time that the order dismissing the action with prejudice is entered by the court. However, if such cases are missed in the processing of genetic tests, they can be closed later under this procedure.
  • Not in the best interest of the child: In accordance with 45 CFR 303.5(b), the Title IV-D agency may determine that it would not be in the best interest of the child to establish paternity in a case involving incest or forcible rape or in any case in which legal proceedings for adoption are pending according to 45 CFR 303.11(b)(3)(iii).
  • Unknown defendant: Paternity cannot be established if the identity of the biological father is unknown and cannot be determined after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of servicesservices45 CFR 303.11(b)(3)(iv).

NCP Location Unknown

Legal CitationLegal Citation45 CFR 303.11(b)(4),  N.J.A.C. 10:110-20.3(c)(4)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case whether or not there is a support order. The case is eligible for closure when the NCP’s location is unknown and the state has made diligent efforts to locate the NCP using multiple sources of information, all of which have been unsuccessfulunsuccessful45 CFR 303.3(b)(4)(ii). There are two subsections within this criterion that are relevant:

  1. If the NCP’s location is unknown over a three-year period and there is sufficient information (e.g., a SSNSocial Security Number) to initiate an automated locate effort, the case is eligible for case closureclosure45 CFR 303.11(b)(4)(i).
  2. When the NCP’s location is unknown over a one-year period and there is insufficient information (e.g., no SSN) to initiate an automated locate effort, the case is eligible for case closureclosure45 CFR 303.11(b)(4)(ii).

Staff must demonstrate its diligent efforts, using multiple sources, to locate the NCP—all of which have been unsuccessfulunsuccessful45 CFR 303.3.

Note: The diligent efforts necessary to close a case vary, depending on agency rules.

NCP Is Unable to Pay Support

Legal CitationLegal Citation45 CFR 303.11(b)(5), N.J.A.C. 10:110-20.3(c)(5)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case if the NCP cannot pay support for the duration of the child’s minority (or at least 18 years of age) because the NCP is institutionalized in a psychiatric facility, is incarcerated with no chance of parole, or has a verified total and permanent disability with no evidence of support potential. In addition, there must also be no support collection through the PCSE Unit for at least 12 months.

Note: Before initiating case closure, all verified documentation must be obtained.

NCP Resides in a Country without Reciprocity

Legal CitationLegal Citation45 CFR 303.11(b)(6),  N.J.A.C. 10:110-20.3(c)(6)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case under the following conditions:

  • The NCP is a citizen of, and lives in, a foreign country.
  • The obligor does not work for the federal government or a company with headquarters or offices in the United States.
  • The obligor has no reachable domestic income or assets.
  • Closure is possible when New Jersey or the U.S. State Department has been unable to establish reciprocity with the country of residence.

In addition to the above conditions, there must be no support collection through the PCSE Unit for at least 12 months.

Location Services Complete

Legal CitationLegal Citation45 CFR 303.11(b)(7), N.J.A.C. 10:110-20.3(c)(7)

The CWA is responsible for providing location services for TANF and non-TANF cases. It is solely responsible for closing non-TANF cases when the Title IV-D agency has provided location-only services as requested under 45 CFR 302.35(c)(3).

Custodial Parent Requests Closure

Legal CitationLegal Citation5 CFR 303.11(b)(8), N.J.A.C. 10:110-20.3(c)(8)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case when the non-TANF/Medicaid recipient of services requests closure of the case and there is no assignment to the state of health-care provision or there are no TANF arrears accrued under a support orderorder42 CFR 433.146.

A case that includes a health-care provision that is still assigned (that is, the child receives Medicaid) should not be closed with regard to the health-care provision at the request of the CP. Title IV-A regulations continue health-care coverage for a child for varying periods after the cash assistance grant closes. The case should not be closed while Medicaid coverage continues.

Good Cause

Legal CitationLegal Citation45 CFR 303.11(b)(9), N.J.A.C. 10:110–20.3 (c) (9)

The CWA is solely responsible for closing a case when there has been a determination that support services may not proceed without risk of harm to the child or caretaker relative. The recipient of services is exempt from cooperation with the Title IV-D agency upon a Good Cause finding by the responsible state agency or other exceptions to cooperation.

Unable to Contact Non-TANF Recipient of Services

Legal CitationLegal Citation45 CFR 303.11(b)(10), N.J.A.C. 10:110-20.3(c)(10)

In cases without support obligations, the CWA is responsible for closing a case when a non-TANF case is receiving services under 45 CFR 302.33(a)(1)(i) or (iii) and the Title IV-D agency is unable to contact the recipient of services/obligee within 60 calendar days, despite an attempt of at least one letter sent by first class mail to the last known address.

In cases with support obligations, the PCSE Unit can terminate its interests under the following conditions:

  • In a non-TANF case, if there has been no contact with the obligee for at least 60 calendar days and correspondence is being returned without a forwarding address
  • Once the staff attempts to contact the obligee by regular mail to the last known address, notifying the party of the termination

The PCSE Unit, in addition to the above, must use locate resources and send a letter to the obligor in an attempt to locate the obligee.

Non-Cooperation by Non-TANF Recipient of Services

Legal CitationLegal Citation45 CFR 303.11(b)(11), N.J.A.C. 10:110-20.3(c)(11)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case if a non-TANF case is receiving services under 45 CFR 302.33 (a)(1)(i)(iii) and the State Title IV-D agency documents the circumstances of the recipient/obligee’s non-cooperation.

Note: Non-cooperation includes, but is not limited to, continued receipt of direct payments from the obligor, failure to attend hearings or perform acts as ordered by the court, and failure to respond to written requests for necessary information.

In such cases, staff should proceed as follows:

  • The recipient/obligee’s non-cooperation must be documented over a 60-day calendar period.
  • All requests for case closure due to non-cooperation must be supported by appropriate documentation, including note entries made in case records (e.g., in the state automated system, FACTSFamily Automated Case Tracking System, case files).

Note: For all agencies, it is important to the success of the case to document daily actions taken by including notes in the state automated system.

Failure of Initiating State to Take Essential Action

Legal CitationLegal Citation45 CFR 303.11(b)(12), N.J.A.C. 10:110-20.3(c)(12)

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case when the State Title IV-D agency documents failure by the initiating state to take an action that is essential to the next step in providing services.

The Initiating Agency Has Closed Its Case

Legal CitationLegal Citation45 CFR 303.11(b)(13)

The Initiating Agency has notified the responding state that the initiating state has closed its case under §303.7(c)(11).

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case when the State Title IV-D agency has documented that the initiating agency has closed the case.

Intergovernmental Services no Longer Needed

Legal CitationLegal Citation45 CFR 303.11(b)(14)

The Initiating Agency has notified the responding state that its intergovernmental services are no longer needed.    

The CWA, the Family Division, and the PCSE Unit are responsible for closing a case when the State Title IV-D agency has notified the responding state that their intergovernmental services are no longer needed.

  • 45 CFR 303.11(b)(1), N.J.A.C. 10:110-20.3(c)(1)
  • 45 CFR 303.11(b)(2),  N.J.A.C. 10:110-20.3(c)(2)
  • 45 CFR 303.11(b)(3),  N.J.A.C. 10:110–20.3(c)(2)
  • 45 CFR 303.11(b)(4),  N.J.A.C. 10:110-20.3(c)(4)
  • 45 CFR 303.11(b)(5), N.J.A.C. 10:110-20.3(c)(5)
  • 45 CFR 303.11(b)(7), N.J.A.C. 10:110-20.3(c)(7)
  • 5 CFR 303.11(b)(8), N.J.A.C. 10:110-20.3(c)(8)
  • 45 CFR 303.11(b)(9), N.J.A.C. 10:110–20.3 (c) (9)
  • 45 CFR 303.11(b)(10), N.J.A.C. 10:110-20.3(c)(10)
  • 45 CFR 303.11(b)(11), N.J.A.C. 10:110-20.3(c)(11)
  • 45 CFR 303.11(b)(12), N.J.A.C. 10:110-20.3(c)(12)
  • 45 CFR 303.11(b)(13)
  • 45 CFR 303.11(b)(14)
  • Code of Federal Regulations, 45 CFR 302.70(a)(5)
  • New Jersey Statute Annotated, 9:17-45 (b)
  • 45 CFR 303.11(b)(3)(ii)
  • 45 CFR 303.11(b)(3)(iv)
  • 45 CFR 303.3(b)(4)(ii)
  • 45 CFR 303.11(b)(4)(i)
  • 45 CFR 303.11(b)(4)(ii)
  • 45 CFR 303.3
  • 42 CFR 433.146

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release