Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12E - Child Support Program
Chapter 12E-1 - CHILD SUPPORT PROGRAM
Section 12E-1.040 - Intergovernmental Forms
Universal Citation: FL Admin Code R 12E-1.040
Current through Reg. 50, No. 187; September 24, 2024
(1) Federally approved forms.
(a) As the state's Title IV-D
agency under Section 409.2557(1),
F.S., the Department must use federally approved forms in intergovernmental
cases involving child support programs in other states, foreign countries, and
tribes, as required by 45
CFR 303.7(a)(4).
(b) The Department uses the General Testimony
form (CS-IS21) to obtain a statement under penalty of perjury about the
information and facts of the case from a person seeking to establish paternity,
support, or paternity and support, or review or modification of a support order
in an intergovernmental case. The Department requests information needed to
prepare the General Testimony form from the petitioning parent. The Department
provides the General Testimony form to the other government's child support
program. Form CS-IS21, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15873),
is hereby incorporated by reference, effective 09/23.
(c) The Department uses the Declaration in
Support of Establishing Parentage forms (CS-IS26 and CS-IS26a) to obtain a
paternity affidavit from a person seeking establishment of paternity or
paternity and support in an intergovernmental case. The Department provides
Form CS-IS26 or CS-IS26a to the other government's child support program. Form
CS-IS26 is system-generated and populated with data previously obtained by the
Department from the petitioning parent or governmental entity where the
petitioning parent resides or applies for services. Form CS-IS26a is blank and
includes Instructions for Completing the Declaration in Support of Establishing
Parentage (Form CS-IS26i). Form CS-IS26, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15874),
is hereby incorporated by reference, effective 09/23. Form CS-IS26a, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15875),
is hereby incorporated by reference, effective 09/23. Form CS-IS26i, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15876),
is hereby incorporated by reference, effective 09/23.
(2) Establishment of paternity and support or modification to add a child to a support order.
(a) The Department seeks information from the
petitioning parent to complete Forms CS-IS21 and CS-IS26 when paternity or
support is needed for a child when the alleged father does not reside in
Florida.
(b) The Department uses
the Information Needed to Establish a Support Order in Another State form
(CS-IS72) to obtain information from the petitioning parent. Form CS-IS72,
(http://www.flrules.org/Gateway/reference.asp?No=Ref-15877),
is hereby incorporated by reference, effective 09/23.
(c) When requesting establishment of
paternity, the Department uses the Declaration in Support of Establishing
Parentage form (CS-IS26a) to obtain information from the petitioning
parent.
(d) Forms CS-IS72 and
CS-IS26a are mailed to the petitioning parent for completion. The petitioning
parent has 30 days after the date form CS-IS72 is mailed to complete and return
it to the Department and, if requested by the Department, to complete and
return Form CS-IS26a.
(e) If the
petitioning parent does not timely return Form CS-IS72, or when requested Form
CS-IS26a, the Department takes the following action:
1. If the petitioning parent receives cash
assistance for the child and Form CS-IS26a is not requested, the Department
prepares the General Testimony (CS-IS21) form, signs for the petitioning parent
and requests services from the child support agency in a state with personal
jurisdiction over the responding parent.
2. If the petitioning parent receives cash
assistance for the child and Form CS-IS26a is requested or the petitioning
parent does not receive cash assistance for the child, but receives Medicaid or
food assistance, the Department reports noncooperation to the Department of
Children and Families as required by Section
409.2572 F.S. In addition, the
Department initiates case closure, unless there is a support order for another
child on the case the Department is enforcing.
3. If the petitioning parent does not receive
public assistance, the Department initiates case closure, unless there is a
support order for another child on the case the Department is
enforcing.
4. If a case is closed
because the petitioning parent does not complete and return forms required
under (2)(d), the Department will not re-open the case or provide services
until the required forms are completed and returned to the
Department.
(f) The
Department prepares the General Testimony form (CS-IS21) using the information
provided by the petitioning parent and mails it to them. When establishment or
modification of a support order is requested, the Department includes Review
and Sign Forms Needed to Obtain a Child Support Order (CS-IS73) with Form
CS-IS21. If paternity is needed and Form CS-IS26a provided by the petitioning
parent is incomplete, contains extraneous information or stray marks, the
Department prepares Form CS-IS26 with the information provided by the
petitioning parent and mails it to them. The petitioning parent has 30 days
after the date Form CS-IS73 is mailed to review, correct, complete, sign and
return the forms to the Department. Form CS-IS73, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15878),
is hereby incorporated by reference, effective 09/23.
(g) If the petitioning parent does not sign
and return the forms within 30 days after the date of mailing by the
Department, the team member signs the forms and forwards them to the other
government's child support program.
(3) Review of support order in accordance with Rule 12E-1.041, F.A.C.
(a) The Department uses the Information
Needed for Support Order Review in Another State form (CS-IS75) to obtain
information from the petitioning parent. Form CS-IS75, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15879),
is hereby incorporated by reference, effective 09/23. The petitioning parent
has 30 days after the date Form CS-IS75 is mailed to them to complete and
return the form to the Department.
(b) If the petitioning parent does not timely
return Form CS-IS75, the Department stops the review and notifies the
petitioning parent by mailing them the Support Order Review Update form
(CS-POBA) incorporated by reference in Rule
12E-1.041, F.A.C.
(c) When the petitioning parent does not
receive public assistance, the Department prepares the General Testimony form
(CS-IS21) using the information provided by the petitioning parent and mails it
to them with the Review and Sign Forms Needed to Review a Child Support Order
form (CS-IS74). The parent has 30 days after the date Form CS-IS74 is mailed to
them to review, correct, complete, sign and return the General Testimony form
(CS-IS21) to the Department. Form CS-IS74, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15880),
is hereby incorporated by reference, effective 09/23.
(d) If the petitioning parent does not return
a signed Form CS-IS21 within 30 days after the date the form is mailed to them,
the Department may sign the form for the petitioning parent.
(e) The Department sends Form CS-IS21 to the
child support agency in the state with continuing, exclusive jurisdiction, as
determined under Section
88.2051 F.S., to conduct a
review of the support order and to modify the order, if
appropriate.
Rulemaking Authority 409.2557 FS. Law Implemented 88.3111(2), 88.3071(1)(a), 409.2557, 409.2561 FS.
New 9-19-17, Amended 6-9-22, 10-26-22, 9-14-23.
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