Haw. Code R. § 5-31-22 - Establishment of child support orders

(a) Child support is addressed in conjunction with paternity establishment or through the administrative process when paternity is not at issue.

(b) Within time frames prescribed by federal regulation, 45 C.F.R. § 303.4(d), the agency must establish an order for child support, or complete service of process necessary to establish an order, or document unsuccessful attempts to serve process.

(c) If there is no existing order and paternity is not at issue, the administrative process to establish a child support order is initiated when appropriate information is received. Information that is necessary to initiate order establishment are:

(1) Income information from the applicant if the applicant is not receiving temporary assistance for needy families; and

(2) A serviceable address for both parties in the case.

(d) Once it is determined that it is appropriate to initiate an administrative process to establish a child support order, the following steps are taken:

(1) Notice is sent to the other party in the case requesting income information;

(2) Automated inquiries for income information are made to state and federal agencies;

(3) After ten calendar days have passed, a proposed administrative order that includes the amount for child support and medical insurance provision is generated and served upon the parties by certified mail or personal service pursuant to section 576E-4, Hawaii Revised Statutes. The amount of child support is determined by using the child support guidelines as required by section 576D-7, Hawaii Revised Statutes;

(4) Once a party has been served with the proposed administrative order, that party has ten working days to request an administrative hearing;

(5) If neither party requests a hearing, the proposed administrative order is signed by the administrator or a hearings officer with the office of child support hearings. If applicable, an income withholding order, in the standard format prescribed by title IV-D, is issued;

(6) The signed administrative order and income withholding order are filed with the family court. Filed copies of the child support order are sent to the parties. A certified copy of the child support order is sent to the bureau of conveyances for recordation purposes and a notice of income withholding is sent to the noncustodial parent's employer, if applicable;

(7) If an administrative hearing is requested, a hearing is scheduled and notice of the hearing is sent to the parties once both parties are served with the proposed administrative order. Administrative hearings are scheduled at one-half hour intervals Tuesdays through Fridays from 9:00 a.m. through 11:30 a.m. Administrative hearings that are continued may be scheduled at other times as necessary;

(8) Prior to the hearing the agency representative meets with the parties to determine if a settlement can be reached or to obtain updated information on the parties;

(9) At the time of the hearing, the agency representative provides case information to the administrative hearings officer. The parties are allowed to provide information to the administrative hearings officer that supports their position on the issues being addressed;

(10) After the administrative hearing has been completed and a signed child support order is received from the administrative hearings officer, the process described in paragraph (6) is followed;

(11) Both parties must be served before the administrative process can continue.

(i) If the unserved party is the applicant, attempts will be made to contact the applicant to complete service of process. If such attempts are unsuccessful, case closure may be initiated,

(ii) If the unserved party is not the applicant, the unserved party may be referred to locate or case closure may be initiated.

(e) If the administrative process to establish a child support order is dismissed without prejudice, the agency shall determine the appropriate action to be taken. Appropriate actions include, but are not limited to:

(1) Sending the case for locate;

(2) Appealing the dismissal; or

(3) Seeking an order for child support at a later date.

(f) Child support orders shall include a provision requiring either parent or both to provide medical support.

Notes

Haw. Code R. § 5-31-22

[Eff and comp 10/31/91; am and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS § 576D-6; 45 C.F.R. §303.4 )