Frequently Asked Questions
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Locate
Who may request information from the Federal Parent Locator Service (FPLS)?
In child support cases, authorization to request information from the Federal Parent Locator Service (FPLS) is limited to State IV-D agencies or agents/attorneys that represent those agencies to collect child and spousal support; certain courts or agents of the court; and, with limitations, State agencies that administer child welfare or foster care programs. In parental kidnapping, child custody, or visitation cases, certain agents and attorneys of the State or the court may request information from the FPLS. All requests for information from the FPLS must go through a State Parent Locator Service (SPLS).
Is the information in the Federal Parent Locator Service (FPLS) databases secure?
Federal law requires all States to protect the confidential information maintained by State IV-D agencies. At the Federal level, the Secretary of the Department of Health and Human Services (DHHS) has established and implemented safeguards for the FPLS that:
- Ensure the security, accuracy, and completeness of information.
- Restrict access to confidential information to authorized persons for authorized purposes.
- Require States to implement policies and procedures to ensure the integrity, accuracy, and completeness of data in their automated systems, and to prevent unauthorized use or disclosure of information related to the establishment or enforcement of child support.
How do federal agencies report their new hire data?
Federal agencies are required to report new hire and quarterly wage information directly to the National Directory of New Hire (NDNH) rather than go through state agencies. Federal agencies electronically transmit records for each newly hired employee to the NDNH within 20 days of the hire date or by two monthly transmissions.
Is anyone exempt from being reported to the National Directory of New Hire?
Federal agencies that are classified in nature may choose not to report to the National Directory of New Hire (NDNH) certain individuals performing intelligence or counter-intelligence functions, if reporting could endanger the safety of the employee or compromise an investigation or intelligence mission. The Federal Parent Locator Service (FPLS) may still request employment information for a specific non-custodial parent directly from these agencies, at a state's request.
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Why are social security numbers important to the Federal Parent Locator Service (FPLS)?
Social Security Numbers (SSN) are key to the information stored in the FPLS. All SSNs received through new hire, quarterly wage and unemployment insurance reporting are verified through the Social Security Administration before being placed on the National Directory of New Hire (NDNH). Records containing unverified SSNs are not posted to the NDNH. Without a valid SSN, information regarding a participant cannot be obtained nor passed to another state.
How do states request locate information from these external locate sources?
States send their locate requests through the Federal Case Registry (FCR) to the Federal Parent Locator Service (FPLS) to obtain specific kinds of locate information not provided automatically through NDNH/FCR matching. States can request which sources the FPLS should check for information. The Federal Office of Child Support Enforcement (OCSE) will process the requests and return information directly to the requesting state.
Why are non IV-D child support agency orders included in the Federal Case Registry?
Traditionally, the issuing court has maintained support orders in private cases. Effective October 1, 1998, all support orders issued or modified must be reported to the State Case Registry (SCR). Non IV-D order information is included to assist states in processing interstate cases. The information will assist in locating parents across state lines by acting as a "pointer system" to other states, and helping states determine legal jurisdiction. Maintaining information about non IV-D court orders also allows for faster service, should there be a request for full child support services through a state IV-D child support office.
Paternity
I'm not sure which of two men is the father of my child. Can I file an application for services with CSEA?
Yes, you must fill out and submit an application for Hawaii Child Support Enforcement (CSEA) services for each of the possible fathers. Genetic testing can determine the father of the child
My husband is not the biological father of my new baby. My boyfriend, the biological father, and I want to establish that he is the father and have his name placed on the birth certificate. Can I apply for CSEA services?
You must complete and submit two applications for CSEA services. Complete one application naming your husband as the father and the other naming your boyfriend as the father. You may write, visit, or call CSEA at one of the branch locations to request an application.
How long does it take to establish paternity through CSEA?
If you provided accurate locate information on the other parent of the child (full name, birth date, social security number, and address) the case could be completed in two to three months. If there are problems serving the person or if genetic tests are conducted, this could delay the action another several months.
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I am under age 18 and have a baby. The father of my baby denies he is the father. Can I apply for CSEA services to establish him as the father?
Minor parents are allowed to use CSEA services. Complete and submit an application for CSEA services. If you are on welfare, provide this information to your income maintenance worker who will make the referral to CSEA.
I think I am the father of my ex-girlfriend's baby. She and her parents will not talk to me or let me see the baby. Can I use CSEA services to determine if I am the father of the baby and get visitation rights?
Yes. If you think there is the possibility that you are the father of an illegitimate child, you may file an application for CSEA services to establish paternity. Genetic testing can be performed if there is doubt about your fatherhood. If you are determined to be the father, you also have rights to custody and visitation. However, CSEA cannot help you with this part of the case. Many parents in family court represent themselves in these types of disputes. You will probably be required to pay child support if you do not obtain physical custody of the child.
You may write, visit, or call the Hawaii Child Support Enforcement Agency (CSEA) at one of the branch locations to request an application.
At the time my baby was born, I had broken up with the child's father. My new boyfriend and I signed the "Voluntary Establishment by Natural Parents" form at the hospital. I have since broken up with this boyfriend also. I want him off of my child's birth certificate and out of my life. Can I file for CSEA services to establish the biological father as the legal father of my child?
The man who signed the "Voluntary Establishment" of paternity form is the legal father of your child. You should consult a lawyer.
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Orders Processing
What can I do to modify the amount of child support that I am required to pay?
There are two (2) ways to modify the amount of child support that is to be paid by the non-custodial parent (NCP):
- The person requesting the modification may initiate an action with the Family Court by filing the appropriate documents. Although forms are available on Oahu at the Family Court Service on the second floor of the Circuit Court building on Punchbowl Street, the services of a private attorney may be necessary to successfully complete the action to modify support. (If the person does not reside on Oahu, the person may choose to contact the Family Court on their island to see if such forms are available there.)
- The person wanting the change may request that the Hawaii Child Support Enforcement Agency (CSEA) initiate a modification action. The request must be made in writing and the requestor must have completed an application for CSEA services (unless the person is receiving Temporary Assistance to Needy Families (TANF) from the Department of Human Services).
Both methods require that the requestor provide the reason for the request including the change in circumstances from the time the last order was entered, if the order is less than three (3) years old. In addition, the requestor must provide his/her financial information before the action can continue.
If the person chooses to have the CSEA initiate the modification action, the CSEA will send out a Notice of Review after the required information is received from the requestor. The Notice of Review informs the parties that a review is being initiated and allows the parties to provide any additional information pertaining to the modification action. The CSEA will then send out documents by certified mail indicating the agency's findings regarding the modification of the child support obligation. The parties have thirty (30) days from the date that they are served with a copy of the documents to request an administrative hearing.
Why does it take so long to complete the modification of my child support?
If the case participant chooses to have the Hawaii Child Support Enforcement Agency (CSEA) initiate the modification action, the CSEA is required to send out a Notice of Review after the necessary information is received from the requestor. The Notice of Review allows the parties to provide any additional information pertaining to the modification action and requires the CSEA to wait for thirty (30) days before proceeding further. After the Notice of Review has been sent, the CSEA initiates a review and makes a finding regarding the modification of child support obligation.
If the finding is to proceed with the modification of support, the agency will attempt to serve the parties with a copy of the proposed administrative order or with a notice of no change in the obligation amount. The CSEA is required to serve the parties by certified mail or, if that fails, by personal service. If personal service is required, the process may be delayed until such time that the process server is successful in serving the appropriate party. A party may be served by regular mail depending upon the circumstances of the case.
Once a party has been served with a copy of the documents, he/she has thirty (30) days from the date of service to request an administrative hearing. If a hearing is requested, it must be scheduled at least fifteen (15) days from the date that the notice of the hearing is sent out to the parties. This gives the parties time to hire an attorney if necessary, to gather the appropriate documents, and to make arrangements to appear at the scheduled hearing. On the average, administrative hearings are scheduled approximately thirty (30) days from the date that the hearing request is made and after both parties are served.
After the administrative hearing has taken place and the Hearings Officer has made a decision or if no hearing was requested, the administrative order has to be signed by the Hearings Officer. The signed order is then filed with the Family Court. Copies of the filed order are sent to the parties after it is received from the Family Court.
How long does it take to schedule a hearing to modify child support?
Administrative hearings are scheduled after both parties to the support action are served with a proposed administrative order and one or both parties request a hearing.
When is the increased support amount due after modification of the support obligation?
If the child support obligation is being modified by the Hawaii Child Support Enforcement Agency (CSEA), the modified amount (increase or decrease) will not take effect until the administrative order is signed by the Hearings Officer and filed with the Family Court. The modified support amount becomes legally binding and the responsibility of the parties named on the order only upon the filing of the administrative order.
If you are an employer, the Hawaii Employer's Guide provides a brief summary of the employer's responsibility.
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Termination of Child Support
What are valid reasons for terminating child support?
The duration of a parent's duty to support a child is determined by the terms of the child support order and the laws of the state that issued the child support order. In Hawaii, the duty of support ends when a child turns 18 years of age unless the child support order provides for continued support past the age of majority. Typically, Hawaii child support orders provide for continuing child support up to the child's 23rd birthday if the child is a full-time student in an accredited college or university or vocational school. The Hawaii Child Support Enforcement Agency requires that the custodial parent or the child provide proof of continued education for the fall and spring semesters of each school year in those cases where the agency is providing child support enforcement services.
Conditions that may lead to the termination of the support obligation include: a break in school enrollment or a failure to provide proof in a timely manner; the child entering active duty military service; or the child's marriage. The child support order must be reviewed to identify the specific situations when child support is to be terminated.
If there are no terms in the order specifying when child support is to be terminated, the laws of the state that originally issued the child support order would apply.
What do I do to have the child support terminated?
Child support may be terminated if there has been a change in the custody of the child. If you are calling about terminating your child support obligation because custody of your child or children has changed from the other parent to you, you must submit a copy of the court order awarding custody of the child or children to you. You may submit the documents by mail to the Hawaii Child Support Enforcement Agency, or in person. Please include your name, the other parent's name, and your case number.
The adoption of a minor child is a valid reason for the termination of the on-going child support obligation. The termination provisions of the child support order determine what action is necessary to stop the child support obligation from continuing to accrue. If the child support order specifies that child support terminates upon the adoption of the child, no further court or administrative order is necessary to terminate the child support obligation. If the child support order does not specify that child support terminates upon the adoption of the child, an order terminating child support is necessary to stop the child support obligation from continuing to accrue. Verification of the adoption must be provided to the Hawaii Child Support Enforcement Agency before any action to terminate child support can be taken.
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Enforcement of Support Order
What is income withholding? How does it work?
An income withholding order requires the employer to deduct child support from the employee's paycheck. An Order/Notice to Withhold Income for Child Support is sent to the non-custodial parent's employer and tells the employer when to begin, how much to deduct, and where to send the support amount withheld.
If you are an employer, the Hawaii Employers' Guide to Income Withholding provides a brief summary of your legal responsibility under the Hawaii Revised Statutes Section 571-52, Section 576E-1, and Section 576E-16.
Can Federal income tax refunds be taken to collect past-due child support?
Yes. The amount owed to the custodial parent must be $500 or more, while the amount owed to the State is $150 or more. The State balance accrued during periods when public assistance benefits were paid to the family.
As the non-custodial parent, what happens if I have remarried, and part of the Federal income tax refund belongs to my new spouse?
Depending on State laws regarding community property, all or part of your spouse's Federal tax refund may be taken to pay your child support obligation.
If you and your new spouse (called "injured" spouse) file a joint income tax return, your spouse may be able to get back his or her share of the refund. Your spouse may file a request for an Injured Spouse Claim and Allocation of a joint return with the IRS, to claim his or her portion of any refund due. Form 8379 (Injured Spouse Claim and Allocation) can be obtained from the IRS Website. The IRS encourages the injured spouse to file the claim at the same time the tax return is filed.
If the State child support agency is aware that you have filed a joint IRS return with your new spouse, the State may hold part or all of the tax refund for up to six months, while waiting for IRS notification regarding the Injured Spouse Claim.
My children are no longer minors. Will the obligation still be submitted for Federal Tax Refund Offset?
Yes, as long as all the criteria for submission are met. Past-due child support amounts exceeding the thresholds will be submitted. The thresholds are:
- $500 or more for amounts owed to the custodial parent and the custodial parent's address is known.
- $150 or more for amounts owed to the State for periods when public assistance benefits were paid to the family.
The Deficit Reduction Act of 2005 removed the restriction of submitting only the amounts owed to the custodial parent while the child was a minor. CSEA implemented the change effective October 1, 2007, resulting in an increase of 20% more obligors being submitted for Federal Tax Refund Offset.
The non-custodial parent refuses to pay child support, but is planning a vacation Europe. Will the non-custodial parent's passport be denied?
Under the Passport Denial Program, states certify cases in which the non-custodial parent (NCP) owes more than $2,500 in past due child support. The Federal Office of Child Support Enforcement (OCSE) transmits the information to the Department of State so that a U.S. passport will not be issued or renewed to someone who is not supporting his or her children.
What steps should I take if my passport has been denied because of a child support debt?
You must contact your local child support agency to make satisfactory arrangements to pay your delinquent child support obligation. If more than one state reported a delinquency in excess of $2,500, you must reach an agreement with all states involved in order for the passport to be released.
Obligors are not automatically removed from the passport denial program when the debt drops below $2,500. The decision to remove an obligor is based on state policies and procedures. The Hawaii Child Support Enforcement Agency (CSEA) has a policy that requires a $0 balance before allowing passport issuance to an individual who was previously in arrears.
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I am a contractor who receives payments from the Federal Government. Why are my federal payments seized and sent to the Child Support Enforcement Agency?
The Administrative Offset Program allows for the interception of certain Federal payments in order to collect past-due child support. Based on the Debt Collection Improvement Act (DCIA) of 1996, the process is managed by the Federal Office of Child Support Enforcement (OCSE), through the Financial Management Service (FMS) of the Department of Treasury, in conjunction with the Federal Tax Refund Offset Program.
Types of payments that can be intercepted include payments to private vendors who perform work for a government agency, federal retirement payments, and relocation and travel reimbursements owed to federal employees.
Unlike Federal Tax Refund Offset, which is a program in which State child support enforcement agencies must participate, the Administrative Offset Program is an optional enforcement remedy.
Who gets the money collected through Administrative Offsets?
Administrative Offset funds are first applied to any debt owed to the family. Any remainder is kept by the state to pay a child support debt owed to the state because the family received public assistance.
What kinds of Federal payments are not eligible for Administrative Offset?
Some payments cannot be intercepted through this program. They include Veterans Affairs (VA) disability benefits, federal student loans, some Social Security payments, Railroad Retirement payments, Black Lung benefits, and payments made under certain programs based on financial need, such as Supplemental Security Income (SSI).
Can my State Tax Refund be taken to collect deliquent child support?
Section 231-51 through 231-53 of the Hawaii Revised Statutes permits the retention of Hawaii state income tax refund to satisfy part or all of the child support debt.
As the non-custodial parent, what happens if I have remarried, and part of the State income tax refund belongs to my new spouse?
Withholding for delinquent child support can only be made against the person responsible for the payment of the support. The non-debtor spouse (NDS) may request a refund of his/her portion of the tax refund by writing to CSEA at one of the branch locations. Since the agency will calculate the NDS portion of the tax refund, a copy of the filed Hawaii income tax return must be included with the request.
Are payers who are delinquent referred to the credit bureau?
Section 576D-6 of the Hawaii Revised Statutes and Title 5-31-29 of the Hawaii Administrative Rules provides the Child Support Enforcement Agency with the authority to give information regarding delinquent accounts to any consumer reporting agency (credit bureau).
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How does the Child Support Enforcement Agency insure that the Non-Custodial Parent provide medical support for their children?
Federal and state law now requires that the Hawaii Child Support Enforcement Agency (CSEA) notify non-custodial parents' (NCP) employers to enroll the dependent children in health care coverage (medical insurance). The law requires employers to honor standardized federal National Medical Support Notice (NMSN). When medical support is ordered, CSEA will send the NMSN to the employer along with instructions for complying with the order. The notice:
- Is sent when an order is established and whenever the parents change employment.
- Directs an employer who has a family health care coverage option available to the parent who is an employee to enroll the children from this court case.
- Takes immediate effect.
- Will be sent to the parent's current and subsequent employers.
- May be contested by requesting an administrative review, but only on the basis of whether or not the health care coverage is available at a reasonable cost.
- Requires that the custodial parent be notified of the enrollment or of the options available under the plan.
If you are an employer, the Employer's Guide to Medical Support summarizes your legal responsibilities as an employer.
See - Medical Support Enforcement
I want to sell my property, but the Hawaii Child Support Enforcement Agency (CSEA) has placed a lien on my property. What must I do to get it lifted?
A written request must be sent to the CSEA. If the request is not from the non-custodial parent (NCP), a signed authorization from the NCP to release information to the individual or company is required. The request must include a copy of the recorded documents that created the lien. Companies that are requesting a certificate of release on behalf of the NCP may include a lien statement or report to ensure that all liens needed to be released are provided and to confirm the recordation number and date of recording when faxed information is not clear
The certificate of release is filed by the CSEA with the Family Court of the circuit where the order was entered. Certified copies of the filed release are sent to the NCP and to the company requesting the release, as appropriate. The NCP is responsible for recording the release with the Bureau of Conveyances. Although in many instances, the escrow or title companies will record the release on behalf of the NCP.
See - Liens
When is the non-custodial parent considered for license suspension?
A non-custodial parent (NCP) who is delinquent in payment in an amount equal to or greater than the sum of payments for child support for a three-month period is subject to having his/her driver's license and/or recreational license(s) suspended. If the NCP is delinquent in payment in an amount equal to or greater than the sum of payments for child support for a six-month period, his/her professional and/or vocational license(s) is subject to being suspended.
Can I make a payment plan so that my license will not be suspended?
If the non-custodial parent (NCP) makes a request to enter into a payment agreement, the CSEA worker will prepare the necessary documents to formalize the terms of the agreement. As long as the NCP is meeting the terms of the agreement, no further action is taken to suspend the NCP's license(s).
See - License Suspension
What is the Multi-State Financial Institution Data Match (MSFIDM) Program?
The Federal Office of Child Support Enforcement (OCSE) assists States in conducting data matches with Multi-state financial Institutions (MSFI). A MSFI is defined as a financial institution operating (i.e. has offices - brick & mortar) in two or more states. If a bank or credit union does not have physical locations in two or more states it is then up to that particular financial institution's legal/compliance division to determine whether the financial institution would qualify as a MSFI based on the applicable state laws and the types of financial transactions they perform.
What is the purpose of the Financial Institution Data Match (FIDM) program?
The purpose of FIDM is to identify financial assets belonging to delinquent child support obligors. Once identified, these assets may be frozen and seized by the Child Support Enforcement Agency.
See - Financial Institution Data Match
Interstate
If paternity is established in another state, will the support order also be entered in that state?
The Uniform Interstate Family Support Act (UIFSA) procedures cover establishing paternity and establishing and enforcing support orders when more than one state is involved.
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