Intergovernmental Improvement

ERICSA is an organization dedicated to the professional advancement of all aspects of child support with a particular emphasis on the intergovernmental process of child support.

The Intergovernmental Improvement Committee is composed of members of the ERICSA Board of Directors as well as front line workers, supervisors, managers, directors, and private contractors at the state and local level all engaged in the profession of child support.

The Committee examines roadblocks to effective interstate child support enforcement and proposes ways to improve and assist in the delivery of child support services across state, tribal and national boundaries through a variety of educational and informational means.

The Committee monitors, analyzes, and compiles documents, lists, treatises, helpful hints and other sources of information which may be useful to child support professionals in all jurisdictions in working intergovernmental child support cases.  Those documents, organized by subject matter, may be found below.

The Committee welcomes your feedback regarding the information on this site.  Please contact ERICSA to make additions or corrections to this information.
 

Individual State Information

Age of Emancipation, by State 1-19-2016 
This table provides detailed information on the age of majority for each of the 50 states and its territories.  The following excerpt is from the New Jersey Child Support Website (
www.njchildsupport.org) outlining the upcoming changes to the NJ emancipation age and its effect on existing court orders. 

On January 19, 2016, Governor Christie signed S-1046/A-2721 into law. This law establishes 19 as the age when a child support and/or medical support obligation will end.  The new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in high school; attending full-time college, vocational or graduate school; is disabled; if the parties reached a separate agreement; or, if continued support was granted by the court.

The effective date of the law is February 1, 2017 and applies to all child support orders. If you have at least one dependent, age 19 or older, as of February 1, 2017, you will receive an initial Notice of Child Support Termination on or around August 1, 2016. This Notice will be sent out 180 days before the dependent’s 19th birthday and will contain information on how to request a continuation of child support as well as how it will impact the amount of child support.  

For families that currently have a child already over the age of 19, child support will end on February 1, 2017, rather than on the child’s 19th birthday, as the new law is phased in.

If your Judgment of Divorce (JOD) or support order specifies an end date other than the dependent’s 19th birthday, that date will stand and you will not be permitted to request an administrative continuation of support. However, you still may receive a Notice of Child Support Termination and be asked to send in a copy of the JOD or order.

If no continuation of child support is requested, a second Notice of Child Support Termination will be sent out 90 days before the dependent’s 19th birthday. If no continuation is requested after receiving the second notice, the order of support will end as of the child’s 19th birthday, and both parties will receive an update reflecting this change.  (Note that if back child support is owed, the non-custodial parent still is responsible for paying that off.)

If you receive an updated order for continued support and wish to oppose it, you may file an application or motion with the court. If there are younger children on the order in addition to the 19-year-old (or older) child(ren),  parents may need to file an application or motion with the court to adjust the child support amount.

If your JOD or support order calls for child support to continue beyond the dependent’s 19th birthday - if they are in college, for example - you will receive a Final Notice of Child Support Termination 90 days before the dependent’s 23rd birthday (or other extended termination date) informing you that the child support will end.   

In order to ensure that all notices and informational updates are received, please confirm that the Child Support Program has your most current mailing address, cell phone number and email address.

More information regarding the new child support termination process will be posted on www.njchildsupport.org in the upcoming weeks and months.     

Interest Rates that States Charge, including State-Specific Rules 2017
Here you will find a summary of state laws and IV-D policy regarding imposition of surcharge or interest on child support arrears. This table is meant to help educate child support employees and attorneys, and guide your interstate arrears calculations in the right direction.

ERICSA encourages you to use this information as a helpful "jumping off" point. This information is not an adequate substitute for conducting your own research to verify the accuracy of the rates reported.

State Registration Information 07-02-09
​This chart contains information regarding which states register foreign orders for enforcement, and which states administratively enforce foreign orders without registering them.  It also has specific documents that a state may require in addition to the required forms.

Unemployment Insurance Income Withholding Order Direct States 10/5/17
This list is the states that accept direct income withholding of their Unemployment Insurance Benefits, along with contact information.

Modification Survey 11-05-08
Responses to a stateside survey regarding modification of child support order procedures. Details are provided for how each state handles the modification process, both judicial and administrative.

Paternity Establishment Survey 11-05-08
This document details responses to a stateside survey regarding paternity information. Details are provided for how each state handles paternity establishment. 

Statute of Limitations, by State 2017
This document is a chart detailing statute of limitation issues for each state.
 

Intergovernmental Case Law

2016-2017 Case Law Updates
Prepared by Dan Pingelton and presented at the 2017 ERICSA annual conference in St. Louis, MO

2015-2016 Case Law Updates
Prepared by David Morris and presented at the 2016 ERICSA annual conference in Myrtle Beach, SC

2014-2015 Case Law Updates
Prepared by David Morris and presented at the 2015 ERICSA annual conference in Hershey, PA

2013-2014 Case Law Updates
Prepared by David Morris and presented at the 2014 ERICSA annual conference in Greensboro, NC

2012-2013 Case Law Updates
Prepared by David Morris and presented at the 2013 ERICSA annual conference in Orlando, FL.

2012 UIFSA Case Law Review
The attached 2012 UIFSA case law summary was provided by the staff attorney for the New York State Office of Temporary and Disability Assistance, Mr. Brian Wootan, and is reprinted with his permission.

2010 Case Law Updates
Legal summaries of the most recent court rulings and judicial decisions that impact paternity, interstate, social security, and IV-D agency child support law. These summaries are meant to help educate child support employees and attorneys, and guide your legal research on important child support issues in the right direction.

2008 - 2009 Case Law Updates
Legal summaries of the most recent court rulings and judicial decisions that impact paternity, interstate, social security, and IV-D agency child support law. These summaries are meant to help educate child support employees and attorneys, and guide your legal research on important child support issues in the right direction.

 

Intergovernmental Forms

Do your clerks or judges have questions about what to do with a UIFSA petition filed in their Courts? Does your court clerk ask your state child support agency to file additional or alternate pleadings to go with (or even replace) your UIFSA filings?

Are UIFSA Petitions From Other States Eventually Filed In Your State's Court System
If you answered YES to any of the above questions, then please review the proposed cover sheet for UIFSA filings created by ERICSA to assist and educate your court staff in what to do with those UIFSA form filings, and explain why these uniform federal forms are acceptable for use in any state courts.  Before disseminating, you may want to substitute references to the UIFSA Model Code with your own state’s codification of the particular UIFSA provision cited, and delete any unnecessary claims for relief to edit the cover sheet down to two pages.

Interstate Forms Matrix 10-27-06
A listing of what forms each state requires to perform each interstate action. This includes federal forms as well as state specific documentation.
 

International Support

Helpful Websites Related to International Child Support 12-7-2015
This document links you to information and links for several useful international child support related websites.  Directions on how to navigate to Child Support specific information are included. 

The Hague Convention on the International Recovery of Child Support
ERICSA submitted a letter to the Chairman and Ranking Committee Member of the Senate Committee on Finance expressing support for specific provisions of S. 1870, Supporting At-Risk Children Act and S. 1877, Child Support Improvement and Work Promotion Act.

The provisions supported by ERICSA include the language necessary to implement the Hague Maintenance Convention in the United States, the requirement that states enact the Uniform Interstate Family Support Act (UIFSA) 2008, and language providing the Federally Certified Tribal IV-D Programs direct access to the Federal Parent Locator Service.

Click here to view the full letter.

On September 29, 2010, the United States took an important step toward ratification of a new international treaty that will govern child support cases between ratifying countries by the U.S. Senate approving the Resolution of Advice and Consent regarding the Hague Convention. Here you will find a summary of the next steps.

Hague Child Support Convention Forms

Tribal Support

Click here for a Tribal IV-D resources
 

UIFSA Statutory Information

2008 Revisions to the Uniform Interstate Family Support Act
This document is a technical assistance tool for state and local child support agencies. 

2008 UIFSA Overview
The 2008 UIFSA Overview breaks down the UIFSA 2008 changes.  It was created by the Indiana Child Support Bureau, and is reprinted with their permission

Uniform Interstate Family Support Act
This document was prepared by ERICSA to assist UIFSA 1996 states when enacting UIFSA 2008, as required by P.L. 113-183. It is not an official publication of the Uniform Law Commission.

Continuing, Exclusive Jurisdiction (CEJ) in United States Child Support Cases
UIFSA  jurisdictional rules are complex and different from the law of other countries. The ERICSA Policy and Legislation Committee has produced a legal explanation of continuing, exclusive jurisdiction.  Given the large number of cases between the U.S. and Canada, the ERICSA approved document provides examples where a support order of another country may be modified.  ERICSA intends for it to be used by lawyers, judges and caseworkers in the U. S. and Canada.