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part 2 0f the cooperative agreements

Started by leon clugston, Nov 10, 2007, 11:41:33 AM

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leon clugston

States are not required to reach cooperative agreements with their courts and law enforcement officials under Child Support and Establishment of Paternity Act;  but states are required to pave ways for such agreements by enacting enabling legislation and removing any statutory impediments thereto, and states must make reasonable, good-faith attempts to reach agreement with their appropriate courts and law enforcement officials.  Social Security Act, ß  454(7), as amended, 42 U.S.C.A. ß  654(7).
A state plan for child and spousal support must-
(7) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan;
42 U.S.C. ß  654(7)

State plans---
2.2 support obligations
The support rights assigned to the state, as defined in 45 CFR 301.1 constitute an obligation owed to the State by the individual responsible for providing such support. With respect to such obligations, the IV-d agency complies with the requirements in 45 cfr 302.50

2.12-Procedures to improve program effectiveness
The state has in effect laws Requireing the use of expedited administrative and judicial procedures for establishing, modifying, and enforcing support obligations in accordance with 466(a)(2) and 466(c)(2) of the act

10-2 review and adjustment of child support orders
the state, in IV-d cases, has procedures for the periodic review and adjustment of child support orders, in accordance with 466(a)(10) of the act and 45 CFR 303.8

13. collection and use of Social Security numbers for use in child support enforcement
the state has in effect laws requireing that social security numbers be collected and recorded in accordance with 466(a)(13)
2.13 incentive payments to states and political subdivisions
The IV-d agency makes incentive payments in accordance with 303.52 and 302.55 (454)(22) and 458(a) 0f the act 45CFR 302.55 and 303.52

section 5
general provisions-the plan will be amended whenever necessary to reflect now or revised Federal statuts or regulations, or material change in any phrase of state law, organization, policy, or IV-d agency operations. Plan amendments will be Submitted to the regional Office of child support Enforcment for approval. Citation-454(13) of the act: 45CFR 302.13
list 3.1A-list of Cooperative agreements
CSED reimburses the courts for services provided for paternity and support establishment under 45CFR 303.107(d)

Burearu of vital statistics
BVS admiisters the hospital based paternity program and provides online data access for the IV-d agency regaurding birth and death records.
Social Security Administration-Access to records maintained by the IRS.

Court agreements- I. The court Will Solicit and recieve the expertise and Data of CSED in the course of establishing and revising the guidelines ti include compilations of information collected in compliance with 45 CFR 307.11
The Child Support guidelines WILL provide that there shall be a rebuttable presumption that the amount awarded which would result from the application of the guidelines established under the paragraph (A) of this section is the correct amount of support to be awarded.

F.the parties agree to cooperate in the devopement of budgets and work programs so as to avoid the loss of any incentives payments to which CSED may be entitled.

G. Center staff will provide training to its employees statewide on the functions of CSED, eligibility criteria, procedures for applying for CSED services and other related topics all designed to increase the number of persons applying for CSED services.

J. Allow, upon reasonable notice, CSED or the Federal Office acces to court records and permit periodic on site observation of the Performance of Functions being carried out relative to this agreement in order to evaluate the quality, efficiency,effectivness and scope of services provided under this agreement and fullfil the states obligation to cooperate with OCSE as required by 45 CFR 305.13(a)

VI. other terms and conditions- B. Financial penalties or disallowances of federal financial participation for expenditures that are sustained by CSED as a direct result of any federal audit or office review finding inadequate performance by the Court under this agreement shall be passed on to the court.
F. the parties agree to cooperate in the developement on budget and work programs so as to avoid in the loss of any incentive payments to which CSED may be enititled.


"VI. other terms and conditions- B. Financial penalties or disallowances of federal financial participation for expenditures that are sustained by CSED as a direct result of any federal audit or office review finding inadequate performance by the Court under this agreement shall be passed on to the court.
F. the parties agree to cooperate in the developement on budget and work programs so as to avoid in the loss of any incentive payments to which CSED may be enititled."

Interesting point here.  About 6 years ago, SC hired a contractor to redo their CS system and get them connected to the Federal System for tracking, etc.  They were given Federal funds, to match the money the state itself spent on the system, with the stipulation that they must be connected by the given date of early in 2004.   The private contractor hired to project manage this was paid nearly $1 million dollars, half of which came form the state, the other half the Federal budget, and the program was unofficially dubbed "The Campaign to wipe out the Deadbeat Dad."  Of course, they had to get that out there, in order for the powers to be to buy into it.  And I digress, but I must mention that most of the people voting on this are so far removed from the child support and alimony reality, it was like shooting ducks in a pond.

Anyway, back to the chain of events.  The contractor was unsuccessful in completing the task, he disappeared without a trace, and left no documentation.  Hence, SC was fined by the Feds for not coming online in the given time and lost Federal funding to assist with the collection of unpaid CS.  It took them nearly 3 years to get the mess straightened out and when they did get it straightened out, they put on an aggressive campaign with the help of the Feds, to ramp up the CS collection efforts.

In oder to pay for the mistakes made and ramp up the revenue, the state increased it's fee for collections (to the CS receiver) almost 5%.  All for the sake of the children.

I truly wish a campaign would be as well advertised to the media for the fees the state collects and how funds are matched all in the name of the children.  What an entity has evolved to supply income and positions all in the name of children.

Bottom line...SC spent almost $3 million dollars to collect $175,000 in past due child support.

Things that make you go hummmm.....

leon clugston

This is only a tip of the iceberg, for here it shows I dont lie, it exist its real, there is hundreds of pages to these parts, Texas plan alone is said to be one thousand pages, for which we only have app...one hundred, will be getting to posting there plan soon, and there special associate judges.

The question that should arise from everybody is-
if all parties are in it for money, and there all getting compensated, then where is the real enterest, and are we realy getting due procesess and equal protection of the law.?
Due process does not exist in civil matters, nor do you have a right to due process or an independant judge in civil matters,,so it has been said, will be posting those opinions soon from various courts.


Check out page 136 of this article, written by an atty I employed some years ago..and he WAS a family court judge.


or perhaps this book:

Law and Economics of Child Support Payments
 By William S. Comanor

leon clugston

a very enteresting qoute from the judge there.

Now, here comes the better part of the cooperative agreements, for which will come in a later posting.
OCS "Office of childrens services" gets money for adoptions, gets money for kids in foster parents houses, and gets money again for said kids on medicaid, medicare, so yes these Cooperative Agreements are not just limited to support, there is other areas to exploit.

Greg Pound in Florida is still fighting trying to show what is going on with the Office of Childrens Services,"ie" Cooperative Agreements, and is on his way to the U.S Supreme Court with that battle, and of course there as in many other cases the Attorney Generals Office is fighting him all the way, they do not want the case in the U.S Supreme Court, and are biteing every tooth and nail to keep it from going there.