 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
| Working Across State Lines What is an interstate case? The Uniform Interstate Family Support Act of 1996 created a platform for all states to establish and enforce support orders for persons in a uniform manner and determine one controlling order in each case. Each state is required by Federal regulations to adopt these changes and establish state laws to support Federal requirements. There are two types of interstate cases: initiating and responding. In an initiating case, the custodial parent lives in Colorado and the non-custodial parent lives outside of Colorado. The initiating county for a Colorado Child Support Enforcement case is the first county where Child Support Enforcement application or referral was made. In a responding case, another state requests that enforcement or establishment of an order be filed against a non-custodial parent in Colorado. The responding case is forwarded to the Colorado county where the non-custodial parents resides or works. Colorado has an Interstate Central Registry that manages interstate case processing. When the Interstate Central Registry receives a filing from another state, it transmits the case to the appropriate delegate child support enforcement unit for processing. The Registry also sends cases to other states when Colorado is the initiating state. Initiating Cases Initiating cases require an application for services from the custodial parent. The custodial parent must provide as much information as possible about the location of the non-custodial parent. If an order has been established, the custodial parent should provide a copy of the order or enough information to allow the caseworker to obtain a copy from the jurisdiction with the order. When the non-custodial parent is located, the child support office uses a variety of methods to establish and enforce an order depending on the circumstances. If there is no order in place, they can use long arm jurisdiction to establish paternity and child and medical support orders. If an order is already in place, direct withholding under UIFSA can be used to collect monies from another state. If an order exists in the initiating county's jurisdiction, and the non-custodial parent has moved to another state, an income assignment can usually be issued to the out-of-state employer without involving the other state. Each state has a statute called "long arm" which allows the court to extend jurisdiction across state lines in certain circumstances. The states also have administrative procedures that can sometimes be taken instead of involving the other state. Responding Cases Responding cases are created at the request of the state where the custodial parent lives. These cases can be for paternity and support order establishment or to enforce an existing order. After an order is established, the local office works these cases to enforce the existing order and use all legal remedies available in Colorado. Estimated Timeframes Interstate processes will take longer since two separate child support offices are involved and must coordinate the work. For initiating cases, within 20 days of locating a non-custodial parent in another state, the child support office initiates long arm action or refers a UIFSA petition to the other state's central registry. If the responding state requests further information to process the case, the child support office responds as soon as possible, but in no less than 30 days. The El Paso County child support office also gives priority to cases when they are the responding jurisdiction. Within 75 days of receipt of a request for action from another state, local caseworkers take the requested action, including providing location services, requesting additional information from the initiating state, and proceeding to the extent possible pending the receipt of additional information.
|