Location Background, Agency Responsibilities and Workflow

In this Topic

  1. Locate Process Background
  2. Overview of Locate Information
  3. Agency Responsibilities
    1. County Welfare Agencies
    2. Family Divisions
    3. Probation Child Support Enforcement Unit
  4. Workflow
  5. Related Information
    1. Division of Family Development

Locate Process Background

Location is defined as information concerning the physical whereabouts of the NCPNon-custodial parent or the NCP’s employer(s). The term encompasses other sources of income or assets that might be needed to take the next appropriate action in a support casesupport caseCode of Federal Regulations, 45 CFR 303.3(a). Because today’s society is very mobile, an efficient locate process is necessary. The parents involved in child support cases, particularly NCPs, may move frequently and may not inform the Title IV-D agency. Child support staff needs to be aware of all location resources (e.g., local, state, and federal systems and interfaces, and resources provided by the Code of Federal Regulations, 45 CFR 303.3(b)(1)).

Location of the NCPNon-custodial parent is a required function of Title IV-D agenciesTitle IV-D agencies45 CFR 303.3(b). Without accurate locate information, the establishment process and the collection of support cannot proceed, and potential support may be lost. For cases with obligations, cooperation by the CPCustodial parent or party is mandatorymandatoryNew Jersey Administrative Code (N.J.A.C.) 10:110-1.4(a)1 —noncooperation adversely affects the collection of support and the restart of location actions and activities.

Overview of Locate Information

  • All child support agencies have some level of responsibility to assist with the locate process.
  • The CWACounty Welfare Agency and the PCSEProbation Child Support Enforcement Units have direct responsibility to perform locate services.
  • Federal and state regulations mandate the responsibility to locate NCPNon-custodial parents.
  • Both federal and state resources are used during the locate process.
  • Without accurate locate information, the process of establishment and the collection of support cannot proceed, and potential support may be lost.
  • Social Security Number, date of birth, current or last-known address, and employer are the four data elements essential to an attempt to locate an individual.
  • The child support staff is encouraged to interview CPCustodial parent or partys and ask broad and probing questions to help jog a CP’s memory about information that might help locate an NCP.
  • Automated and manual locate resources assist the child support staff in gathering pertinent information about an NCP.
  • The Internet is a powerful resource in locating an NCP.

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

The CWACounty Welfare Agencys are responsible for using locate resources and updating information about the NCP in TANFTemporary Assistance for Needy Families and non-TANF cases to establish a support order.

Family Divisions

The Family Divisions are responsible for following major tasks related to locate:

  • Checking existing records and files on all systems for accurate and current locate information
  • Referring non-TANF customers to the local CWA for additional assistance in locating the NCP for establishment of paternity and/or a support order
  • Referring TANF matters that have been dismissed due to locate issues to the local CWA for additional locate services

Probation Child Support Enforcement Unit

The PCSEProbation Child Support Enforcement Unit is responsible for using locate resources for enforcement of an existing support order.

In NJKiDSNew Jersey’s Federally certified, statewide automated case management system for tracking all information related to child support cases. NJKiDS monitors cases to ensure that case actions are completed within required time frames. NJKiDS is also used to provide statistics, reports, and information about child and alimony/ spousal support enforcement in New Jersey to Federal, State, and local authorities. NJKiDS serves as the State Case Registry for IV-D support cases., the NCPNon-custodial parent is considered located if he/she has a confirmed good employer or address. However, the system will continuously do locate efforts regardless of the division.

Workflow

In New Jersey, determining the location of the NCPNon-custodial parent is a required establishment function of the CSUChild Support Unit within the CWACounty Welfare Agency. The PCSEProbation Child Support Enforcement Unit staff uses locate for enforcement purposes. All locate resources, whether state or federal, must be accessed within 75 calendar days of determining that locate is necessarynecessary45 CFR 303.3(b)(3); N.J.A.C. 10:110-11.1(a). The NCP must be located before any of the following take place:

  • Actions to establish paternity
  • Actions to establish a support order
  • Requests to establish a medical support order
  • Requests sent to another state to establish, enforce, or modify a support order
  • Requests to register foreign support orders (those entered by another state) for enforcement and/or modification

Key data elements (e.g., SSNSocial Security Number, DOBDate of birth, current or last-known residential address, and current or last-known employer) are collected in an attempt to locate an individual. Certain asset information is also collected on individuals as part of an enforcement action against an obligor who has defaulted in support payments. The likelihood of receiving support payments increases when employer, income, and asset information can be obtained. Verification of employment income enables the issuance of withholding orders and facilitates efforts to obtain health insurance coverage through the NCP’s employer. Location of assets is particularly important if the NCP is self-employed.

  • Code of Federal Regulations, 45 CFR 303.3(a)
  • 45 CFR 303.3(b)
  • New Jersey Administrative Code (N.J.A.C.) 10:110-1.4(a)1
  • 45 CFR 303.3(b)(3); N.J.A.C. 10:110-11.1(a)

 

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