DCL-02-20, Family-Unfriendly Child Support Rules

DCL 02-20

DATE: August 5, 2002

TO: ALL STATE IV-D DIRECTORS

RE: FAMILY-UNFRIENDLY CHILD SUPPORT RULES

Dear Colleague:

The child support program was created for the purpose of establishing and enforcing support orders for families with children. Over the years, Congress has passed laws to strengthen this goal and to help families attain and maintain self-sufficiency. We have identified several child support rules that we consider "family-unfriendly" and work in opposition of the program’s intended purposes. An example of a "family-unfriendly" child support rule is the requirement to distribute an extra payment in a month to assigned arrearages when this extra payment was intended for current support for the following month. An extra payment can occur when current support due is calculated based on an obligor’s weekly or bi-weekly ordered amount. A IV-D office can receive an extra payment in those months when there are five weekly payments or three bi-weekly payments. Additionally, an extra payment can occur when an employer sends a monthly payment for current support before it is due when the first of the month falls on the weekend or a holiday. The Office of Child Support Enforcement is drafting guidance to states regarding existing options when the extra payment is received.

This Dear Colleague Letter is requesting suggestions and solutions on any "family-unfriendly" child support rules you may have encountered. The deadline for submitting suggestions to the Office of Child Support Enforcement is October 31, 2002. If you have any questions concerning this matter, please feel free to contact Lily Matheson at 202-401-9386.

Sincerely,

Sherri Z. Heller, Ed.D.
Commissioner
Office of Child Support Enforcement

cc: OCSE Program Managers