Intergovernmental Background and Agency Responsibilities

In this Topic

  1. Background
    1. Intergovernmental Legislative History
  2. Agency Responsibilities
    1. County Welfare Agencies
      1. NJ is Initiating Agency
      2. NJ is Responding Agency
    2. Superior Court (Family Division)
      1. NJ is Initiating Agency
      2. NJ is Responding Agency
    3. Probation Child Support Enforcement Units
    4. Interstate Central Registry
  3. Related Information
    1. Division of Family Development

Background

An intergovernmental (formerly known as interstate) IV–D case is a IV–D case in which the non-custodial parent lives and/or works in a jurisdiction different from that of the custodial parent and child(ren) and that has been referred by an initiating agency to a responding agency for services. An intergovernmental IV–D case may include any combination of referrals between states, Indian Tribes, and countries. An intergovernmental IV–D case also may include cases in which a state agency is seeking only to collect support arrears, whether owed to the family or assigned to the statestateCode of Federal Regulations, 45 CFR 301, 302, 303, and 305.

Intergovernmental child support cases have always presented particular difficulties in establishing and enforcing child support obligations. The regulations for intergovernmental child support cases have changed over time to allow more flexibility in case management.

Historically, states and Indian Tribal Nations maintained their own laws and procedures in child support matters, and the differences were often significant. In an attempt to enhance the effectiveness of interstate child support processing, a number of states, including New Jersey, enacted versionsversions5 CFR 581 of URESAUniform Reciprocal Enforcement of Support Act.

Not all states enacted URESA; therefore, the goal of uniform efficiency was not achieved. In 1968, New Jersey enacted RURESARevised Uniform Reciprocal Enforcement of Support Act to address complications resulting from one state modifying or attempting to modify the terms of another state’s orderorderNew Jersey Statutes Annotated (N.J.S.A.) 2A:4-30.24.  

Note: Orders entered under URESA may still exist.

To address the problem, the federal government enacted the Full Faith and Credit for Child Support Orders Act (Full Faith and Credit Act) in 1994 and the UIFSAUniform Interstate Family Support Act in 19961996United States Code, 28USC § 1738B; New Jersey Statutes Annotated (N.J.S.A.) 2A:4-30.122. The Full Faith and Credit Act was enacted to bridge the gap until more comprehensive UIFSA legislation could be passed by the states. The Full Faith and Credit Act was preemptive; that is, it took effect directly without the need for state laws to be enacted. It addressed the issue of multiple support orders in different states involving the same children and parties. Under URESA and RURESA, the use of intergovernmental proceedings often resulted in states entering a new and different order despite the existence of a prior order in another state. To remedy that situation, the Full Faith and Credit Act adopted the following principles:

  • States must recognize existing support orders entered in another state, including paternity orders and health-care provisions.
  • A state is prohibited from entering a support order a new (de novo) support order, if there is an order subject to recognition in another state.
  • The appropriate authorities of each state shall enforce a support order entered by another state. One state cannot modify another state’s order except by agreement of the parties.

In accordance with the Full Faith and Credit Act, the age of emancipation and the Statute of Limitations are also enforceable terms of an order. Central to the law are the concepts of one controlling order, one state having jurisdiction to modify that order, and CEJContinuing Exclusive Jurisdiction.

The UIFSA continues the concepts of controlling order and CEJ set out in the Full Faith and Credit Act, but the procedures and requirements are more comprehensive in defining the state’s responsibilities in intergovernmental child support cases. UIFSA was drafted by the NCCUSLNational Conference of Commissioners on Uniform State Laws, which approved and recommended it for enactment in all the states.

Congress passed a federal law, PRWORAPersonal Responsibility and Work Opportunity Reconciliation Act, requiring all states to adopt a revised version of UIFSA by January 1998 in order to remain eligible for federal fundsfundsPublic Law (P.L.) 104-193. As a result, all states have adopted UIFSA and are now uniform in the way they process intergovernmental cases. New Jersey did so in 1998 under NJSANew Jersey Statutes Annotated 2A:4-30.65 et seq. Under UIFSA, multiple states may enforce a child support order, but only one has jurisdiction to modify that order.

PRWORA also amended state requirements under the Title IV-D CSChild Support Program. The amended requirements were later defined in the Code of Federal Regulations, 45 CFR 303.7.

The provision of services in intergovernmental IV-D cases is outlined by 45 CFR 303.7 (b) and (c), including the responsibilities of the initiating and responding agencies.

  • Initiating agency: “A State or Tribal Title IV-D agency or an agency in a country….in which an individual has applied for or is receiving services.’’ For example, if a custodial parent applies for or is receiving child support in New Jersey, New Jersey is the initiating agency.
  • Responding agency: The agency that is providing services in response to a referral from an initiating agency in an intergovernmental IV-D case. For example, if New Jersey is enforcing a child support order at the request of the state of New Hampshire, New Jersey is the responding agency.

UIFSA addresses such concepts as tribunals; long-arm jurisdiction; relaxed rules of appearance and evidence for the out-of-state party; assistance by another state; direct income withholding; controlling order; and CEJ. These concepts are addressed in subsequent sections. See: Jurisdiction

Note: It is important to understand the difference between uniform law and statutes. Uniform law is unofficial law proposed as legislation to be adopted by all states exactly as written. The purpose of uniform law is to promote greater consistency among the states. Statutes are the official compilations of the acts and resolutions that become law as a result of each session of Congress.

Intergovernmental Legislative History

The following diagram outlines some of the key developments in intergovernmental legislative history from 1950 through 2011.

Agency Responsibilities

Division of Family Development

The DFDDivision of Family Development is responsible for the coordination and oversight of Title IV-D activities. The DFD administers New Jersey’s welfare program, Work First New Jersey, through the CSSAsCounty Social Service Agencies. In accordance with the Cooperative Agreement, the DFD and the Judiciary ensure that the functions of the Title IV-D CSChild Support Program are performed as federally required. Components of the Judiciary that are involved in the Title IV-D CS Program include the AOCAdministrative Office of the Courts is the central office responsible for coordination and oversight of Judiciary activities, the Family Practice Division, Probation Services, and the Finance Division. The AOC is responsible for executing the Cooperative Agreement with the Office of Child Support Services (OCSS), the Family Division, the Finance Division, and the Probation Division.

County Welfare Agencies

NJ is Initiating Agency

The CWAsChild Welfare Agencies are responsible for the following major tasks related to UIFSA when New Jersey is the initiating agency:

  • Filing long-arm (one-state) and two-state petitions for children on TANFTemporary Assistance for Needy Families to accomplish the followingfollowingNew Jersey Administrative Code (N.J.A.C.) 10:110-2.4(a); N.J.A.C. 10:110-12.5:
  • Establish paternity
  • Modify and establish support (including a health-care provision)
  • Performing locate services

NJ is Responding Agency

The CWAs are also responsible for the following major tasks related to UIFSA when New Jersey is the responding agency:

  • Providing legal representation to petitioners in TANF and non-TANF casescasesN.J.A.C. 10:110-2.4(b)
  • Processing review and adjustment petitions for TANF and non-TANF cases

Superior Court (Family Division)

NJ is Initiating Agency

The Superior Court (Family Division) is responsible for the following major tasks related to UIFSA when New Jersey is the initiating agency:

  • Assisting non-TANF petitioners in filing UIFSA petitions for paternity and/or child support to other states
  • Docketing all complaints
  • Scheduling, managing, and tracking all long-arm petitions
  • Arranging telephonic conferences
  • Registering enforcement-only, modification and enforcement, or modification-only requests from other states
  • Scheduling hearings for determination of controlling order

NJ is Responding Agency

The Superior Court (Family Division) is also responsible for the following major tasks related to UIFSA when New Jersey is the responding agency:

  • Docketing all complaints
  • Scheduling, managing, and tracking petitions
  • Arranging telephonic conferences
  • Registering enforcement-only, modification and enforcement, or modification-only requests from other states
  • Processing new petitions received directly from out-of-state petitioners or from the New Jersey Interstate Central RegistryCentral RegistryN.J.A.C. 10:110-3.4(a)(7)
  • Scheduling hearings for determination of controlling order
  • Responding to another state’s request for a case status review

Probation Child Support Enforcement Units

The PCSEProbation Child Support Enforcement Units (Superior Court) are responsible for the following major tasks related to UIFSA:

  • Enforcing support and health-care provisions registered or filed in New Jersey by another state
  • Registering orders supervised by the PCSE Unit for enforcement in another state
  • Processing requests from an out-of-state agency for redirection of support
  • Notifying the Vicinage Finance Division of out-of-state tax offset credit

Interstate Central Registry

The ICRInterstate Central Registry is responsible for the following major tasks related to UIFSA:

  • Processing all intergovernmental requests received by New Jersey
  • Ensuring that the submitted case documentation has been reviewed for completenesscompleteness45 CFR 303.7(a)(2)(i)
  • Forwarding the case for necessary action, either to the State Parent Locator Service (SPLS) or to the appropriate agency for processingprocessing45 CFR 303.7(a)(2)(ii)
  • Acknowledging receipt of the case and ensuring that any missing documentation has been requested from the initiating agencyagency45 CFR 303.7(a)(2)(iii)
  • Informing the Title IV-D agency in the initiating agency about the status of the case (i.e., where the case was sent for actionaction45 CFR 303.7(a)(2)(iv))
  • Responding to another state’s request for a case status reviewreview45 CFR 303.7(a)(4)
  • Code of Federal Regulations, 45 CFR 301, 302, 303, and 305
  • 5 CFR 581
  • United States Code, 28USC § 1738B; New Jersey Statutes Annotated (N.J.S.A.) 2A:4-30.125
  • Public Law (P.L.) 104-193
  • New Jersey Administrative Code (N.J.A.C.) 10:110-2.4(a); N.J.A.C. 10:110-12.5
  • N.J.A.C. 10:110-2.4(b)
  • N.J.A.C. 10:110-3.4(a)(7)
  • 45 CFR 303.7(a)(2)(i)
  • 45 CFR 303.7(a)(2)(ii)
  • 45 CFR 303.7(a)(2)(iii)
  • 45 CFR 303.7(a)(2)(iv)
  • 45 CFR 303.7(a)(4)

 

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