The child support intake process involves completing an application and providing information about both parents’ identity, address, employment, earnings and other financial information. In some jurisdictions, applications also include information on safety and ask about any history of violence

Potential Safety Measures:

• Ensure that any paper or digital application materials are stored or submitted safely to reduce the risk of discovery by the Non-Custodial Parent.
• If you are enrolled in your jurisdiction’s address confidentiality program, provide this address on all forms.
• Ask the agency about the Family Violence Indicator (FVI), which can precent the release of their personal information on documents.

When a child support case is opened, the noncustodial parent will be notified by mail or a legal process server that they have been named as a parent and may be liable for child support. The noncustodial parent will likely be asked to appear at a court hearing or meeting at the child support office to establish a child support order and asked to bring relevant documents pertaining to employment, earnings, and expenses.

Potential safety measures:

• Ask the caseworker about flagging your case for family violence, which restricts the release of the survivor’s information on child support-related documents and consider requesting nondisclosure to protect your information.
• Ask your child support case worker about notices, when the notices will go out, and how to protect your address and contact information.

This involves legally identifying the other parent. If parents are married, the spouse of the mother is the presumed parent. It may be possible to challenge that presumption in court, depending on state law. If parents are unmarried, paternity (or legal fatherhood) will need to be established. This is frequently done by both parents voluntarily signing a form at the hospital or birthing center when the child is born.

A voluntary acknowledgement of paternity form may also be completed at a later time at a local Vital Records office, or in some jurisdictions, at the child support office. Paternity in tribal child support cases may also be established according to tribal law or custom.

When there is a question about who the father of a child is, paternity can be established through genetic testing or by having a judge decide based on the evidence presented in court. You may be asked to provide extensive personal information such as past partners to help establish paternity.

Potential Safety Measures: Request a separate testing time or testing location than the other parent.

A child support order details the financial obligations that the noncustodial parent has to the custodial parent and their child or children. Child support orders are based on a formula unique to each state, territory, or tribe. In most jurisdictions, both parents must provide information on their income and expenses. Establishing a child support order may require both parents to attend a court hearing and/or an agency-based negotiation. They must also provide information on any health insurance options that might be available to their child through their employer. Establishing a child support order may require both parents to attend a court hearing and/or an agency-based negotiation.

Potential Safety Measures:

• Request to meet separately for any in-office meetings
• Request to provide testimony/attend court via telephone or video
• Ask the child support professional for any additional safety options that can be taken before, during, or after court proceedings
• Ask the child support professional what documents may be shared with the other parent if you are worried about your information being shared
• Connect with legal aid organizations to discuss safety modifications for parenting time orders, such as supervised visitation.

Child support payments are usually made through automatic wage withholding by the noncustodial parent’s employer. When child support is not paid for a legally designated period of time, the child support agency can implement enforcement actions to collect funds. These enforcement actions may include license suspension, credit reporting, bank and property liens or levies, or tax refund interception.

In many jurisdictions, these enforcement actions occur automatically once non-payment reaches certain thresholds. In other jurisdictions, enforcement actions are initiated by child support workers. Nonpayment can also lead to contempt actions and in some jurisdictions, incarceration.

Potential Safety Measures:

• Enforcement actions may occur automatically when a non-payment threshold has been reached, and Custodial Parents are usually not consulted. Ask for help with safety planning around enforcement actions.
• If you are concerned that certain enforcement actions might jeopardize your safety, let the caseworker you are working with know and ask whether they can take other enforcement measures that are safer for you and your children.
• Ask to be informed in advance if any enforcement actions may take place that could jeopardize you or your children’ safety

Unpaid child support accumulates arrears (child support debt). Many jurisdictions charge interest on arrears and some also charge penalties. As a result, arrears balances may grow quickly over time. Child support agencies may be able (depending on the jurisdiction) to forgive some debt if the money is owed to the jurisdiction for public assistance benefits previously paid to the family. If debt is only owed to the custodial parent, they may be able to forgive it as well.

Potential Safety Measures:

Ask your caseworker the following questions:

1. “How will past-due child support be collected?”
2. “How will I be notified that a collection on arrears has taken place?”
3. “What are the options for forgiving arrears if I believe that is the safest option for me?”
4. “Is the child support agency allowed to act as the ‘bad guy’?” (The survivor requests the arrears to be forgiven, but the agency uses its policy to not forgive or to defer forgiveness for a period of time).

Child support orders are not automatically adjusted to reflect substantial changes in employment, earnings, or parenting time changes. However, either parent may request a review of the order when such circumstances change to determine if an adjustment is warranted. Additionally, the child support agency must review or provide opportunity for parents to request a review of the order every three years.

Potential Safety Measures:

• Request to meet separately for any in-office meetings
• Request to provide testimony/attend court via telephone or video
• Ask the child support professional for any additional safety options that can be taken before, during, or after court proceedings
• Ask the child support professional what documents may be shared with the other parent if you are worried about your information being shared

Custodial parents can request that their child support case be closed in several situations:

• No cooperation requirement: Parents who aren’t required to cooperate with child support (because they don’t receive certain public benefits) can request case closure at any time.
• End of public benefits: Parents who were required to cooperate because they received public assistance can request closure once they stop receiving those benefits.
• Safety concerns: Child support workers can close cases where there are safety concerns for the custodial parent or child, even if the child is still receiving public benefits.
• Other reasons: Child support workers may also close cases for various administrative or legal reasons.

Potential Safety Measures:

Ask your caseworker the following questions

• Is the child suppport agency willing to “be the bad guy” and communicate to the other parent that the case can’t be closed due to policy?
• Is there an option to rescind case closure within a certain time period?
• Are there other safety options available prior to taking any action on the case?
• If my situation changes, will there be application fees for re-opening the case?