Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The local child
support agency shall provide a Compromise Application Packet to a person on the
day it is requested in person, or mail the Compromise Application Packet within
5 business days of receipt of a telephone or written request, or whenever the
local child support agency becomes aware that an obligor has been reunited with
his/her child(ren). The Compromise Application Packet shall consist of:
(1) Application for Compromise -- Family
Reunification, form DCSS 0027, dated (09/03), incorporated by reference
herein,
(2) Relevant court form(s)
providing information on the applicant's income, expenses, and assets,
and
(3) Application for Compromise
-- Family Reunification Information Sheet, form DCSS 0026, dated (09/03),
incorporated by reference herein.
(b) When the local child support agency
receives a Compromise Application Packet, the local child support agency shall
review the Compromise Application Packet for completeness. For purposes of
completeness, applicants are not required to submit the Compromise of
Arrearages Information Sheet -- Family Reunification, form DCSS 0026. The local
child support agency shall verify that the applicant returned the required
documents and that the documents are complete, or that the local child support
agency otherwise has the information required available.
(1) Within 10 business days of the date of
receipt of an incomplete Compromise Application Packet, the local child support
agency shall mail to the applicant a Notice of Incomplete Application for
Compromise -- Family Reunification, form DCSS 0031, dated (09/03), incorporated
by reference herein.
(2) Within 10
business days of the date of receipt of the completed Compromise Application
Packet, the local child support agency shall take the following actions:
(A) Make a determination of an applicant's
eligibility for temporary suspension of enforcement and collection actions
pending a final determination of eligibility for compromise as specified in
Subsection (d).
(B) If the
applicant meets the requirements specified in Subsection (d) below, the local
child support agency shall send the applicant a Notice of Temporary Suspension
Of Child Support Collection and Enforcement -- Family Reunification, form DCSS
0030, dated (09/03), incorporated by reference herein. The applicant shall be
advised that his/her application for compromise is complete and that he/she
does qualify for temporary suspension of collection and enforcement actions on
the assigned arrearages which accrued during the time that his/her child was in
out-of-home care, as defined in Subsection (d)(2) below.
(C) If the applicant does not meet the
requirements specified in Subsection (d) below, the local child support agency
shall send the applicant a Notice of Denial of Application for Compromise --
Family Reunification, form DCSS 0029, dated (09/03), incorporated by reference
herein.
(c)
Within two business days of the completion of the actions specified in
Subparagraph (b)(2)(B) above, the local child support agency shall take
administrative action to suspend enforcement of the obligation, and collection
activities on the assigned arrearages that accrued during the time the child
was in placement until a final determination is made on the
application.
(d) The applicant
shall qualify for temporary suspension of enforcement and collection actions,
pending a final determination of eligibility for compromise, if all of the
following requirements are satisfied:
(1) The
applicant has provided a completed Compromise Application Packet.
(2) Either of the following criteria are met:
(A) The child has been adjudged a dependent
of the court under Section 300 of the Welfare and Institutions Code and Aid to
Families with Dependent Children-Foster Care or KinGAP was expended while the
child was a dependent of the court, and the child is residing with and has been
reunified with the applicant pursuant to a court order; or
(B) The child received public assistance
while living with a guardian or relative caregiver and the child has been
returned to the custody of and is residing with the applicant, provided that
the applicant for whom the debt compromise is being considered was the
applicant with whom the child resided prior to the child's placement with the
guardian or relative caregiver.
(3) The applicant for whom the debt
compromise is being considered has a gross income less than 300 percent of the
federal poverty level guidelines for that family size.
(e) Within 20 business days from determining
the applicant's qualification for a temporary suspension as specified in
Subsection (b)(2)(B), the local child support agency shall take the following
actions to determine the applicant's eligibility for compromise:
(1) Verify that one of the following
conditions are satisfied:
(A) The child has
been adjudged a dependent of the court under Section 300 of the Welfare and
Institutions Code and Aid to Families with Dependent Children-Foster Care or
KinGAP was expended while the child was a dependent of the court, and the child
is residing with and has been reunified with the applicant pursuant to a court
order; or
(B) The child received
public assistance while living with a guardian or relative caregiver and the
child has been returned to the custody of and is residing with the applicant,
provided that the applicant for whom the debt compromise is being considered
was the applicant with whom the child resided prior to the child's placement
with the guardian or relative caregiver.
(2) Verify the following information from
local child support or county welfare department case information or the
Application for Compromise -- Family Reunification, form DCSS 0027, dated
(09/03), and the relevant court form(s) providing information on the
applicant's income, expenses, and assets:
(A)
Local child support agency's case identification number.
(B) Address of the applicant.
(C) Social Security number of the applicant,
if any.
(D) Address of the
child(ren) for whom arrearages are being considered for compromise.
(E) Social Security number(s) of the
child(ren) for whom arrearages are being considered for compromise.
(F) Applicant's relationship to the
child(ren).
(G) Time period when
the child(ren) was out of the home.
(H) Child(ren) received assistance payments
during placement as required by Subparagraph (e)(1).
(I) Child(ren) is currently living with the
applicant.
(J) Child(ren) lived
with the applicant prior to the child(ren)'s placement in out-of-home
care.
(K) Applicant's gross monthly
income as defined by Family Code Section 4058.
(L) Applicant's net monthly income as defined
by Family Code Section 4059.
(M)
All reported extraordinary expenses, such as day care, medical and dental
expenses.
(N) Justification for
other uses of income as outlined in a reunification plan.
(3) Determine if the applicant has a net
disposable income less than 250 percent of the current federal poverty level
guidelines.
(A) The 250 percent shall be
applied to the family group, which includes the applicant and any other
child(ren) the applicant is legally obligated to support and who resides with
the applicant.
(B) The 250 percent
shall be calculated by comparing the applicant's net disposable income to 250
percent of the federal poverty level for that family size. Income will be
computed based on the current month's income at the time of application. Net
disposable income shall be computed in accordance with Family Code Section 4059
and by deducting other expenses as justified in Subparagraph (2)(M) and (N)
above, from the applicant's gross income.
(4) It shall be presumed that compromise is
necessary for a child's support, if the applicant meets the requirements in
Subparagraphs (1) and (3) above. The presumption may be rebutted by a finding
that the applicant owns assets as verified in Subparagraph (e)(2) valued in
excess of $10,000 dollars, excluding the applicant's primary residence and one
vehicle used for transportation, that could be applied to satisfy the
arrearages being considered for this compromise.
(5) After the local child support agency has
determined that the applicant has met the requirements in Subparagraphs (e)(1)
above, the local child support agency shall confer with the county welfare
worker assigned to develop and/or assess compliance with the reunification plan
prior to making a final determination on the ability of the applicant to
support the child. In the event that the county welfare worker provides written
justification within the time frame specified in Subsection (e) that supports a
finding that a compromise is not in the best interest of the child, the local
child support agency shall deny the request for compromise.
(f) Once the local child support agency has
completed the verification of all required elements of eligibility for
compromise and determined that the applicant does not meet the requirements
specified in Subparagraphs (e)(1), (3) or (4) above, or if the county welfare
worker determines a compromise is not in the best interest of the child as
specified in Subparagraph (e)(5) the local child support agency shall take the
following actions:
(1) Within 10 business
days of the applicant's final determination of ineligibility for compromise, a
Notice of Denial of Application for Compromise of Arrearages -- Family
Reunification, form DCSS 0029, dated (09/03), shall be sent to the
applicant.
(2) Recompute the
balance owing on arrearages.
(3)
Initiate any appropriate enforcement or other actions for the repayment of any
remaining arrearage balance.
(g) Once the local child support agency has
completed the verification of all required elements of eligibility for
compromise and determined that the applicant meets the requirements specified
in Subparagraphs (e)(1), (3) and (4) above, the local child support agency
shall take the following actions:
(1) Within
10 business days after determining eligibility for compromise, send the
applicant a Notice of Eligibility for Compromise of Arrearages -- Family
Reunification, form DCSS 0028, dated (09/03), incorporated by reference herein.
The Notice of Eligibility for Compromise of Arrearages -- Family Reunification
shall advise the applicant that he/she does qualify for a compromise of 100
percent of the principal and interest on the assigned arrearages that accrued
as a result of the placement.
(2)
The Notice of Eligibility for Compromise of Arrearages -- Family Reunification
shall advise the applicant that without a signed stipulation the application
for compromise shall be denied. If the applicant refuses to sign the
stipulation or fails to return the stipulation within 20 business days, the
local child support agency shall:
(A) Send a
Notice of Denial of Application for Compromise of Arrearages -- Family
Reunification, form DCSS 0029, dated (09/03), to the applicant.
(B) Recompute the balance owing on
arrearages.
(C) Initiate any
necessary court actions and take appropriate enforcement actions for the
repayment of any remaining arrearage balance.
(3) Upon receipt of a signed stipulation, the
local child support agency shall take the following actions:
(A) Within 10 business days, file the
stipulation to implement the compromise of assigned arrearages.
(B) Within 10 business days initiate any
other necessary court actions.
(C)
Within 10 business days after the receipt of an approved stipulation and order
from the court, make any necessary adjustments to reduce the total arrearages
based on the compromise amount.
(D)
Initiate the appropriate enforcement action(s) and set a monthly payment amount
for the repayment of any remaining arrearage balance when
appropriate.
(h) An obligor parent shall not be approved
for compromise more than three times in 36 consecutive months, except for those
instances where the child is adjudged a dependent of the court under Section
300 of the Welfare and Institutions Code.
1. New
article 6 (section 119191) and section filed 11-25-2002 as an emergency;
operative 11-25-2002 (Register 2002, No. 48). Pursuant to Family Code section
17306(e),
a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or
emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of HISTORY 1 (Register 2003, No.
20).
3. New article 6 (section 119191) and section refiled 5-12-2003
as an emergency; operative 5-24-2003 (Register 2003, No. 20). Pursuant to
Family Code section
17306(e),
a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or
emergency language will be repealed by operation of law on the following
day.
4. Repealed by operation of Government Code section
11346.1(g)
(Register 2004, No. 14).
5. New article 6 (section 119191) and
section filed 4-2-2004; operative 4-2-2004 pursuant to Government Code section
11343.4
(Register 2004, No. 14).
Note: Authority cited: Sections
17306,
17310 and
17312, Family
Code. Reference: Sections
708.420
and
708.440(a),
Code of Civil Procedure; Sections
4053,
4058,
4059,
4060,
17402,
17406(j) and
(k),
17520(g)(2)
and
17550, Family
Code; Sections
11200,
11268(a),
11360,
11400,
11401
and
16507.2,
Welfare and Institutions Code; and
42 United States Code,
Section
9902(2).
