COVID-19 and Child Support: State Guidelines
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Child support payments in the midst of COVID-19 are a critical topic.
In recognizing the burden some parents may experience due to the current economic crisis, this is an immediate issue to address at a state and national level. Some states are acknowledging the challenges many parents are facing at this time.
Check out the chart below outlining the status of your state.
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What are the three most important issues?
- Court Orders
Court orders will remain in place. Parenting plans, Court Orders and exchanges must proceed as ordered. Governors and child support enforcement offices should mandate that both parents comply with orders issued by the family court system. Establish appropriate penalties for non-compliance as determined by the state.
Make-up time is an issue for the courts to address. Many parents may experience changes in work schedules or self isolation for safety reasons. Streamlining a system for revising parenting plans are needed in each state.
Current Status
Two states include make-up time: Ohio and Oregon.
North Carolina, declares both parents must consent to any changes in parenting time.
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- Child Support
Temporary modifications for collecting and paying child support are required for the duration of the COVID-19 emergency. Some parents may be unable to pay child support due to quarantine, self-isolation or layoffs. Accommodating the loss of income some parents are experiencing could alleviate potential court hearings.
Current Status
California and Florida, indicates parents should contact the child support division if unable to pay child support.
Vermont and Virginia claim reviews are available as needed.
Hawaii offers payment options while their office is closed. North Carolina indicates there should be no penalty due to nonpayment.
West Virginia offers to contact the employer of a parent stating unemployment benefits have been requested and to discontinue withholding of child support from paychecks.
Delaware offers hearings by phone for parents unable to meet their obligations.
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- Driver’s License Suspension/Bank Levy for Nonpayment of Child Support
Child Support Enforcement Services should be encouraged to halt the automated enforcement actions of orders for a bank levy or driver’s license suspension due to nonpayment of child support. Cease all new orders for a bank levy, or suspension of a driver’s license, and stop orders in process following the onset of COVID-19. Guidelines to be determined by the state.
Current Status
Three states recognize the suspension of driver’s license, a bank levy or passport: California, Minnesota and North Carolina.
Hawaii acknowledges a parent should contact the child support office if a passport has been denied or revoked.
Wisconsin is not adding any new cases during this time. Oregon and Vermont indicates parents should call a case worker if unable to pay child support.
Iowa indicates a 90 day hold will be placed on cases due to nonpayment of child support. This is a verbal only and has not been officially released by government officials. Upon written confirmation, information will be added to the table. If you reside in Iowa, please reach out to your child support office to discuss potential options.
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Who must address the three issues?
This is a state matter. Each state must acknowledge the three areas and create guidelines for parents and families to follow with child support matters, parenting time and subsequent actions for nonpayment of child support.
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How can states protect families during this economic crisis?
Government directives, executive orders from child support enforcement divisions and temporary guidelines are in process in most states. If you are experiencing challenges with parenting time, or paying child support, please contact your child support office for assistance. Notably, the courts will be inundated with regular court dates and with the modifications needed during the COVID-19 crisis. States are updating their policies. Please contact the office in your area for current information.
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What is Being Done in Other States?
Families United Action Network in Iowa requested Governor Reynolds address the urgent concerns regarding parenting plans and child support enforcement during the COVID-19 emergency. Notably, two days before the request was to be delivered, the Governor issued a Directive recommending parents comply with their current court orders.
The following table outlines the status in each state. Notably, 5 states mention drivers license suspension and bank levies: California, Ohio, Minnesota, North Carolina and Wisconsin. One state, Hawaii, references passports.
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Setting Up a Plan in Your State
Check the plan in your state. If all three matters are not addressed seek support in drafting a request for your state representatives. Nicholas Dreeszen, President of Families United Action Network in Iowa, acknowledges this is an issue each state needs to address. “The economic crisis resulting from COVID-19 can have long-term ramifications for parents and families across the nation. We invite leaders seeking similar changes to use the Directive as a template for creating change in their state. By sharing our ideas and energy and working together, we can help change the future. We at FUAN are available to help anyone seeking help with this important issue.”
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