POCPC Desk Aid Review

1. POCPC Desk Aid Review CFSC June 2013 Anne Seymore anne.seymore@state.co.us 303 866 4427

2. Purpose of Training The purpose of today’s training is to review the POCPC desk aid and forms, and to answer county questions.

3. Post Order Change of Physical Care The POCPC desk aid was created in 2009 • Needed to clarify what happens when children move from the obligee to the obligor, or to another caretaker • County requests to resolve “messy” case situations

4. Modifications in general Authority – §14-10-122, C.R.S. • MSO mod only back to date the motion is filed, under normal circumstances. • If court ordered, voluntary, or mutually agreed upon change of physical care, then modify back to date of change.

5. Recent Change Changes in HB 13-1209, §14-10-122(5), C.R.S., eff January 1, 2014: • Court ordered, voluntary, or mutually agreed upon change of physical care • Allows retro mod of support for “prior” obligor • Allows retro establishment of MSO for the “new” obligor

6. Change of Care / Role Reversal Role reversal can be caused by: • Change in custody of one or more children on an order • Change in the guidelines calc, other than # overnights, such as substantial change in income, that causes a role reversal

7. POCPC Desk Aid Purpose is to ensure all actions are taken to clean up the case. • Who is now the obligor? Obligee? • Is there still MSO due? Are we enforcing it? • Are there arrears due? Assigned or unassigned? Are we enforcing them? • Are there legal issues?

8. POCPC Judicial POCPC situations handled judicially; do not use APA • APA statute does not address retro modifications • Once judicial, always judicial

9. Jurisdiction? Verify that CO has jurisdiction to mod / establish the order.

10. Step One: • Chrn, chrn, chrn!!! • Place disbursementson hold • U.S.C. 654b(c)(1) – the 2 business day disbursement requirement is “if sufficient information identifying the payee is provided” • If any disbursements have already been sent, have these addressed in court • Continue to enforce MSO& any arrears

11. Step Two: • Start the rev/adj process under the original order • File appropriate motion & order with court • Calc mod MSO part of form completion • Recommended forms address change in physical care, arrears balances, eff dates, future payments, medical support

12. Step Three: Once order is signed, determine if we have a case for MSO or arrears. If new obligee has or will have a CSE case (mandatory referral or application): • Initiate new case with new HH#, new obligee as CP

13. Step Four: • Send in a problem log to have the court case entered with the DE / JE convention • Complete the DE / JE order • Initiate the DE / JE ledger • DE / JE order has new FSR account #

14. Step Five: If new obligee is not mandatory referral & does not apply for services • If court has approved order, a new NIVD FSR account # is created • Ensure the original order is abated • Do NOT initiate a new case on ACSES • Close existing case or make it arrears

15. Step Six: Disburse any funds on hold: • Determine the effective date of the mod of existing order or estab of the new order • Determine if the DOH should be released, or backed out and reapplied differently

16. Step Six Example • Dad pays Mom $150/mo • Physical care changes to Dad eff 3/1/13 • Motion/order not heard until 6/3/13 • Modification eff 3/1/13 • Should MSO DOH for March, April, May be realloc to an arrears balance & sent to either prior obligee or retained, if assigned? • Or reapply to overcollect?

17. No off-setting Try to avoid off-setting arrears from one party with MSO from the other party • Monthly payments continue to child • Keeps it clear who owes what • Keeps ledgers clean • We could end up with an un-enforcable order

18. No off-setting • If we have an order off-setting pmts & there’s no order for suppt, we can close case using closure code “H” • “MSO no longer due AND, assigned arrs under $500 ORarrs unenforceable under law.” • Example: CSE not involved, & court says no money to change hands until one party’s arrears are paid in full.

19. Scenario A All children on an order move to obligor: • Follow step 1 above • Calc the new MSO based on the movement of the children • File the Motion to Modify Child Support and the Order Modifying Child Support (Change of Physical Care Between Parents) • Steps 3, 4, 5, & 6 above

20. Scenario B One child from multiple child order moves to obligor: • Step 1 above – EXCEPT do NOT put disbursements on hold • Calc the new MSO based on the movement of the children • File the Motion and the Order to Modify Child Support (Change of Physical Care Between Parents)

21. Scenario B Does this create a role reversal? • If no, follow the regular rev/adj procedure • If yes, Steps 3, 4, 5, & 6

22. Scenario C All children on the order move to caretaker: • Step 1 • File the Motion and the Order to Join Party and Add Payee • File the Motion to Modify Child Support and the Order Modifying Child Support (Change of Physical Care/Additional Payee)

23. Scenario C • IF we have a valid application or referral • Initiate two new casesets – one with Father as NCP and one with Mother as NCP, both with caretaker as CP • Once order is approved, add caretaker to original order as multiple obligee • Steps 4 and 6

24. Scenario C • If we do NOT have a valid application (referral or application) • Steps 5 and 6

25. Scenario D One child on multiple child order moves to caretaker: • Step 1 above – EXCEPT do NOT put disbursements on hold • File the Motion and the Order to Join Party and Add Payee • File the Motion to Modify Child Support and the Order Modifying Child Support (Change of Physical Care/Additional Payee)

26. Scenario D • IFwe have a valid application or referral • Initiate two new casesets – one with Father as NCP and one with Mother as NCP, both with caretaker as CP • Once order is approved, add caretaker to original order as multiple obligee • Steps 4 and 6

27. Scenario E • Original order for debt only • Later, change of physical care • New obligee request services • Judicial establishment, not mod

28. Scenario F • Change in # of overnights results in use of different worksheet • Initiate regular mod, calculate the MSO using parents’ incomes • Determine if role reversal occurred

29. Scenario G • Change from obligee to obligor, no CSE case • New obligee applies for services • Create caseset as establishment case • MANUALLY mod the order • Then put order up as DR / JV

30. Ledgers • Retro mods handled same as regular mods on ledgers. • Following screens were part of FUG meeting

31. Retro Mods – Example #1 Decreasing mod, zero arrears, NCP paying • Call hotline first!! • Back out payments • Repost MSO to new amount • Reallocate payments, some should go to prepay • Could take many months

32. Retro Mods – Example #2 Decreasing mod, arrears balance, NCP paying • Do NOT back out payments • Calculate arrears balance or use court’s balance • Adjust ledger balance

33. Retro Mods – Example #3 Decreasing mod, arrears balance, NCP NOT paying • Court order should say to add arrears balance to ledger • Do not back out payments & repost MSO

34. Retro Mods – Example #4 Increasing mod, zero arrears, NCP paying • Do NOT back out payments & repost MSO • Calculate arrears based on new order, using payments made under old order • Add to ldgr as balance adjustment

35. Retro Mods – Example #5 Increasing mod, arrears balance, NCP paying • Do NOT back out payments & repost MSO • Calculate arrears based on new order, using payments made under old order • Add to ldgr as balance adjustment

36. Retro Mods – Example #6 Increasing mod, arrears balance, NCP not paying • Do NOT back out payments & repost MSO • Calculate arrears based on new order, using payments made under old order • Add to ldgr as balance adjustment

37. New Desk Aid • Sample of new format