This topic contains information on the following:
A tribunal of this state can request another state, tribe, or foreign country establish a support order if this state, tribe, or foreign country has jurisdiction over the child(ren) for whom support is needed. The following documents must be included in a petition for the establishment of a support order:
1. The CSE Transmittal #1 (DSS-4556);
2. The Uniform Support Petition (DSS-4552);
3. The General Testimony (DSS-4553) document;
4. When appropriate, the Affidavit In Support Of Establishing Paternity (DSS-4555);
5. Any supporting documentation related to the assistance that is requested in the petition, such as copies of birth certificates for the child(ren), notarized Affidavits Of Parentage, evidence of payment of medical bills, copies of a divorce order or separation agreement, proof of the custodial parent’s (CP’s) wages and child care expenses, etc.)
To determine the number of originals and copies of the petition that the responding state requires, access the Intergovernmental Reference Guide (IRG). CSS workers can access the IRG through the FPLS State Service Portal (SSP):"https://fplsssp.dhhs.state.nc.us/".
The Intergovernmental Reference Guide (IRG) provides information regarding other states' procedures for establishment and enforcement (whether administrative or judicial) of support orders, child support guidelines, statutes of limitation, as well as other IV-D agency contact information.
Both state and public users can access the IRG through the federal OCSE web site: "http://www.acf.hhs.gov/programs/css/irg-state-map". When the IRG Map page appears, click on the desired state to see information for that state.
To determine whether the other state requires specific documentation that must be included with a request for services or to obtain federal and other state contact information, local CSS workers can access the map page, click on the desired state, and review the IRG state profile information. The public version of the IRG contains limited state office contact information.
To access other states' local CSS office contact information, CSS workers must access the IRG through the FPLS State Service Portal (SSP): "https://fplsssp.dhhs.state.nc.us/". Then they can access detailedcontact information, as well as program profile information.
The initiating state forwards the same documents to North Carolina for the establishment of a support order as outlined in the previous section.
Upon receiving a petition to establish a support order, local CSS can attempt to obtain a voluntary support agreement and order by contacting the obligor. If the obligor fails to respond or fails to keep a scheduled appointment, the petition must be filed with the Clerk of Court and docketed for court action.
If proof of the manner in which parentage was established is not apparent in the original petition, CSS caseworkers must send a request for additional documentation.
A tribunal of this state can issue a support order, if a support order does not already exist and:
1. The individual who is seeking an order resides in another state, tribal reservation, or country; or
2. The child support services agency that is seeking the order is located in another state, tribal reservation, or country.
A tribunal can issue a support order finding that the obligor owes a duty of support, after the obligor has received notice and has had an opportunity to be heard. The order can include provisions for income withholding, payment of arrearages, liens and execution on property, etc., as outlined in civil provisions of UIFSA. The child support order must include information regarding the calculations on which the support order is based. Payment of child support cannot be conditioned upon visitation rights. Upon receipt, a copy of the signed order must be sent by mail to the initiating CSS agency and the obligor. This order becomes the controlling order.
The tribunal/ court enters temporary child support orders, not the local CSS agency. The entry of a temporary order does not confer continuing exclusive jurisdiction (CEJ) to the issuing state. A temporary child support order can be issued if:
1. The respondent/ obligor has signed a verified acknowledgment of parentage;
2. The respondent/ obligor is determined to be the parent by or pursuant to law; or
3. Other clear and convincing evidence exists that the respondent/ obligor is the child's parent.
Prior to October 13, 1989, states submitted petitions for the establishment of an order for the recovery of retroactive support owed to the state for a time period prior to the start date of a child support order, because Public Assistance (PA) was paid on behalf of the child only. As of October 13, 1989, states can no longer request the recovery of retroactive support owed to those states from another state based solely on the expenditure of past paid public assistance. However, if the initiating state has established an order for retroactive support owed to the state, a request can be submitted to the responding state to enforce the terms of that judgment or order.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.