Intergovernmental Corner: Highlights from Latest Border Conference

By Elizabeth Stomski, Management Analyst, Friend of the Court Bureau

Another great Biannual Border Conference was held last November. Over 150 federal, state, and local child support workers from eight states, one tribal nation, and the federal Office of Child Support Enforcement (OCSE) met for one and one-half days in Indiana to discuss the current state of intergovernmental case processing throughout the country. The participating jurisdictions were: Michigan, Ohio, Indiana, Illinois, Kentucky, Minnesota, Colorado, and the Ho-Chunk Nation. 

OCSE Region V map with star for regional office.

During the conference, each state had the opportunity to present a brief overview of its child support program and highlight any recent changes or large successes. The conference then conducted a session with intergovernmental case law updates covering cases across the country. Participants then worked through some difficult intergovernmental case processing scenarios with partners from other states to learn how each jurisdiction would handle the particular situation. The conference concluded with a federal update from OCSE. Most of the states at this Border Conference are a part of OCSE’s Region V, and the group was congratulated for being the first OCSE region that is fully up and running with the Electronic Document Exchange. 

Coessa Kenney with the Calhoun County Prosecuting Attorney’s office has helped to organize the past three Border Conferences. She explained why the conference is important: “First, the contacts that you make at the conference are invaluable for more effective case processing.  Second, the information that you learn about each state will expedite case processing because your UIFSA packet will include all necessary information the other state needs. And third, the contact information you receive will provide direct contacts in each state to further assist in problem areas and cases.”

All of the Border Workshops/Conferences have been well received by attendees and very beneficial in forging personal working relationships, opening up better lines of communication, and clarifying the differences in our various programs. 

Merry Lee of the Bay County Friend of the Court, a participant of the 2015, 2017, and 2019 Border Conferences said, “Being able to meet the folks we talk to via the Child Support Network (CSNET) every day is huge. We brainstorm together on cases that are problems and help each other to find contact information when none is available on the system. We also help each other to understand the differences in our laws and procedures for how we work our cases.  I recommend this conference very much since the states involved are our neighbors and our biggest caseload for interstate is with our neighbor states.  The understanding and knowledge we gain from each other is critical in making a decision as to why we should or should not send a case out for registration.” 

Readers can stay up to date on the Border Conference 2021 planning and view past Border Conference presentations in the Intergovernmental Google Group. To join the group, please contact Elizabeth Stomski at StomskiE@courts.mi.gov.

Takeaway facts and tips from the conference:

COLORADO

• 20 percent of the state’s caseload is intergovernmental.
• The Colorado Central Registry will perform locate activities if the payer’s address has not been verified within 60 days for enforcement and 45 days for establishment.

HO-CHUNK NATION (HCN; located within Wisconsin geographic boundaries)

• Tribal per capita payments are distributions of tribal property or money and not “wages,” so withholding orders should either specifically mention “per capita” or a catchall term, such as “income.” 
• HCN requires certified documents, not copies of certified documents. The documents must have the raised seal, blue ink, stamp, affidavit, etc., or anything that is easily identifiable as a certification of authenticity.
• The HCN jurisdiction does not accept electronically filed documents; everything must be mailed as a hard copy.

ILLINOIS

• The Illinois Department of Healthcare and Family Services, Division of Child Support Services (DCSS) operates the state’s child support program through its state and regional offices. The Illinois Attorney General’s Office or local state’s attorney provide legal representation in all 102 counties.
• To pursue a case, DCSS prefers that the custodial party have a custody order or other formal guardianship document that awards custody of the child to him/her. In the absence of a guardianship document, DCSS will proceed using documents that may act as evidence of change of custody. However, in Cook County, legal custody is required to proceed. 
• DCSS has the authority to publish online delinquent payer names and identifying data with the amount of past-due support owed, which is intended to be used as a tool in cases where other enforcement remedies administered by the Department have not been successful. This “Delinquent Parent List” may contain payers who owe $5,000 or more in past-due support.

INDIANA

• Indiana’s Child Support Guidelines establish a rebuttable presumption that, under the Affordable Care Act, at least one parent can provide health insurance at a reasonable cost. The presumption may be rebutted by showing proof of a current ACA exemption certificate, or by showing proof of annual income below the federal tax filing limit. Effective January 1, 2020, the presumption may be rebutted by demonstrating that the lowest out-of-pocket insurance cost exceeds 5 percent of the parents’ combined gross incomes.
• Effective July 1, 2019, if the court has determined the child will be enrolled in high school full time beyond the child’s 19th birthday, the court may order child support to continue until the child’s graduation date. This request must be filed with the court before the child turns 19. Otherwise child support terminates at the child’s 19th birthday regardless of the child’s actual attendance in high school.
• As of January 2018, Indiana is now able to intercept certain eligible winnings of delinquent payers from fantasy sports operators who have registered within the State of Indiana (i.e. Fan Duel, Draft Kings, Yahoo Sports, etc.).
• As of July 1, 2019, Indiana has authorized sports wagering and provides for an automated withholding from winnings of greater than $600 from payers with past-due support exceeding $2,000.

KENTUCKY

• Kentucky allows interest to be charged at a 12 percent rate, compounded annually from the date of a judgment.
• An order changing the support recipient is not needed to redirect support payments. The person seeking the redirection of support needs to provide proof of the care for the child. Proof may include but is not limited to: a notarized statement from an individual(s) attesting to the living arrangements of the child; proof of school enrollment; acknowledgment of the child's living arrangement by the former custodial parent; or a copy of a temporary or final custody or guardianship order. Upon receipt of proof, the child support enforcement worker will change the payee administratively or judicially depending on the preference of the local court.
• In a paternity action, support can be set retroactive to the child’s date of birth if the action is initiated before the child turns four years old. In all other actions, support may only be retroactive to the filing of the court action.

MINNESOTA

• Minnesota charges a four percent interest rate on child support arrears and judgments. A two percent cost recovery fee is charged to non-public assistance applicants. The fee does not apply to interstate responding cases.
• Effective August 1, 2018, Minnesota law changed the way that child support is calculated when giving parenting time credit. Minnesota child support now uses a number of overnights (as determined by a court ordered parenting time agreement) to make adjustments for expenses incurred by a parent while exercising parenting time.
• There are four tribal IV-D programs in Minnesota: White Earth Nation, Red Lake, Leech Lake, and Mille Lacs.

OHIO

• Ohio is state supervised and county administered. Each county has its own child support office, similar to Michigan’s friend of the court setup.
• Most Ohio counties are not able to “redirect” support to a new recipient of support without proof of a legal change of custody.

WISCONSIN

• The WI child support program is administered by its Department of Children and Families and operated in each county by each local county child support agency. There are 71 local county child support agencies.
• Wisconsin is also home to 11 federally-recognized tribes: Bad River Band of Lake Superior Chippewa, Forest County Potawatomi, Ho-Chunk Nation, Lac Courte Oreilles Band of Lake Superior Chippewa, Lac du Flambeau Band of Lake Superior Chippewa, Menominee Indian Tribe of Wisconsin, Oneida Nation, Red Cliff Band of Lake Superior Chippewa, Sokaogon Chippewa Community (Mole Lake Band of Lake Superior Chippewa), St. Croix Chippewa, and Stockbridge-Munsee.
• When setting a support obligation in Wisconsin, the state uses a “percentage of income” standard. A percentage of the payer’s gross income is set at a fixed dollar amount and divided by 12 months.  The support obligation/gross income percentage standards are: 17 percent for 1 child; 25 percent for 2 children; 29 percent for 3 children; 31 percent for 4 children; 34 percent for 5 or more children.
• In interstate cases, the initiating state (the state in which the public assistance assignment or non-assistance application for IV-D services has been filed) must submit the past-due support for tax offset.

For more information on Border Conferences, contact me at StomskiE@courts.mi.gov.

Elizabeth Stomski has her undergraduate degree in Political Theory and Constitutional Democracy from Michigan State University’s James Madison College, and her Juris Doctorate from Thomas M. Cooley – Western Michigan University Law School. She has been with the Friend of the Court Bureau for ten years and focuses on intergovernmental case processing, customer service, and publications.