Involving the IV-D Attorney

• Sometimes a referral will go to the IV-D Attorney when there is an issue about the NCP’s ability to work • The child support agency, the IV-DAttorney, and the Social SecurityAdministration must partner together to communicate and work efficiently to get as much support to families as possible

REFERRAL TO THE IV-D ATTORNEY

There are three questions the attorneyneeds to answer before proceeding:– Is the NCP already receiving benefits OR is the NCP in the application process?– If the NCP is receiving benefits is it Title II (SSD) or Title XVI benefits (SSI)?– Is this an Establishment action OR anEnforcement action?

NCP ALREADY RECEIVING BENEFITS

•Determine whether the benefit is SSI or SSD • Request that the NCP provide written verification from SSA of the benefit amount• If the benefits are SSD, determine whether the child(ren) qualify for an auxiliary (dependent) benefit• Verify the total auxiliary benefit amount and the number of children that share it

NCP ALLEGEDLY APPLIED FOR BENEFITS

•Verify that NCP has an application with SSA or CS agency• Request copy of application from NCP; verify NCP listed the child in your action on the application as a “child” for benefit purposes• Request a copy of NCP‟s “Social SecurityStatement”– Find yearly gross reported income– Find amount of benefit if successful

NCP “GOING” TO APPLY FOR BENEFITS

•Give NCP directions to SSA office• Tell NCP to keep a copy of application for you • Tell NCP to include all children on application• Tell NCP to apply for Medicaid– Medicaid application automatically files for Social Security Benefits; workers in that office may help you monitor NCP’ s compliance with process

So now you know….

That the NCP is receiving Social Security disability benefits• That you are trying to establish an order

ESTABLISHMENT CASES SSD

If NCP is receiving SSA benefits, all of NCP’s benefit is included in income; the child’s benefit from NCP’s SS is not included on the support calculation anywhere• If there is an auxiliary (dependent) benefit, that amount is credited against the child support calculation amount before an amount is ordered• CS order may be zero

Now you know…

•That the NCP is receiving SSI• That you are trying to establish an order

ESTABLISHMENT CASES SSI

•If NCP is receiving SSI, (welfare SSD) benefit not included on the child support calculation as income• No auxiliary benefit is available to dependents• If no part of benefit is SSD, report to the child support agency that NCP is on SSI only and be prepared to get Court to order paternity and state debt only; other factors may make you argue for some support

You’ve determined that…

•NCP is receiving SSD benefits• You are trying to enforce a child support order

Enforcing Cases with SSD Benefits

SSD benefits are subject to IWO• Even if the child’s benefit exceeds the amount of current child support due in a month, if there are arrears, send IWO to SSA for arrearage payment– See Weaks v. Weaks, 821 SW2d 503• Disability determinations are good for 3 years• NCP may be working and still receive somedisability payment

Unfortunately you now know…

•NCP is receiving SSI benefits• You are trying to enforce a child support order

Enforcing cases with SSI benefits

Not subject to IWO• If NCP is receiving SSI only and no otherverifiable form of income, may close thereferral, especially for civil contempt cases• Note that even if NCP is receiving SSI, it ispossible that NCP is also receiving someSSD benefits

No benefits yet…

If the NCP has applied for disability, butnot yet been successful, things to consider when you are seeking to establish a child support order:

Establishment with a SSA application

In addition to tips listed previously, contact NCP’s disability attorney and determine time frames for a decision• If it will take longer than one year for a decision,discuss with your supervisor about office policy– May prefer to establish paternity only and let the child support agency modify the order to add support later– May want to impute minimum wage, but be careful; the Court may not allow if Court believes NCP is disabled and has no income– If the child support agency confirms that NCP isreceiving Medicaid and Food Stamps, may want toget paternity only

No benefits yet…

If the NCP has applied for benefits and you are trying to enforce a child support order, think about doing these things:

Enforcing with a SSA application

In addition to tips listed previously, contact NCP’s disability attorney for time frames for a decision• Request a copy of medical records or have NCP sign aMedical Release form• Monitor that NCP is keeping doctor appointments for SSD determination• Send IWO to SSA; SSA will put in their COGS system• Check your state’s automated system screens to see if NCP has other income, or inquire with child support agency• If NCP has private attorney for the enforcement action, do discovery for income and assets• If the child support agency confirms that NCP is receiving Medicaid and Food Stamps, you may want to close referral

After SVES Match

•Title II benefit information available to staff when they need it – whether paternity, establishment, modification or enforcement•Using Title II for income when establishing or modifying a support order•County Prosecutors do not have to wait days for SSA information and can quickly determine if NCP is giving false information•MACSS (automated system) screen can be printed and used as evidence instead of getting information again directly from SSA

Thank you!

QUESTIONS?

Contact Information

Lara Webb Fors, Esq.Deputy Director Missouri Family Support Division615 Howerton CourtJefferson City, MO 65109-2320Phone: (573) 751-5253Email: Lara.W.Fors@dss.mo.gov