INTERNATIONAL INTERGOVERNMENTAL
CS 251P International Case Processing –
Overview
08/20/01
Revised 12/09/24 Training Completed 12/23/24 Last Reviewed 04/07/25
42 U.S.C. 654(32)(A); 45
CFR 303.7(a)(4); Utah Code 78B-14-304(2), 305(6), 307(4), 308(2), 316(6)
Introduction
The Office of Recovery Services (ORS) processes two different
types of international cases; cases with Foreign Reciprocating Countries (FRCs)
and cases with Foreign Treaty Countries (FTCs).
·
Foreign
Reciprocating Countries (FRCs) – For more information on FRCs,
refer to CS 253P International Case Processing – Foreign Reciprocating
Countries and to OCSE’s International website (https://www.acf.hhs.gov/css/partners/international),
specifically the section regarding FRCs; and,
·
Foreign
Treaty Countries (FTCs) (also referred to as Convention Countries) –
For more information on FTCs, refer to CS 252P International Case Processing
under UIFSA Article 7 – Overview and to OCSE’s International website (https://www.acf.hhs.gov/css/partners/international),
specifically the section regarding the Hague Child Support Convention. You may also refer to the Hague website at https://www.hcch.net/en/instruments/conventions/specialised-sections/child-support
To determine whether a specific country is an FRC or an FTC, refer
to the Office of Child Support Enforcement’s (OCSE’s) International website.
Alerts
Because the exchange rate fluctuates continuously, it is
impractical to monitor all foreign support orders and make continuous
adjustments to the ordered amount based on the current exchange rate. Therefore, once a year, the assigned agent will
receive an alert to help monitor foreign support orders and for a prompt to
check the current exchange rate for the appropriate U.S. dollar conversion.
The exchange rate only needs
to be checked once a year and adjustments made to the order, as needed. If you believe an exception should be made to
the one-time per year practice, refer the case to your Associate Regional
Director (ARD) and/or Regional Director (RD).
Procedures –
No Reciprocal Agreement
U.C.A.
78B-14-308(2) states:
“The attorney general may
determine that a foreign country has established a reciprocal arrangement for
child support with this state and take appropriate action for notification of
the determination.”
If a country is not an FRC or an
FTC and there is a need to create a reciprocal agreement with the country,
contact the Child Support Services (CSS) Intergovernmental Coordinator within
the Policy Analysis Unit (PAU) to review the case and discuss the possibility of establishing a
reciprocal agreement with the foreign country with the Attorney General’s
Office (AGO). The AGO will only attempt
to establish reciprocity with a foreign country if the child support laws of
that country are similar to Utah’s laws.
If after consulting with the PAU
it is determined that a reciprocal agreement will not be pursued and the case
does not meet any of the federal closure criteria found in CS 061P Case Closure
Overview, you may still send a referral to the foreign country to request its
assistance by taking the steps listed below.
1.
Generate the
following documents:
a.
A Child
Support Enforcement Transmittal #1 – Initial Request letter to the responsible
agency or office in the foreign country, if appropriate. Include the International: To Foreign Country letter with the Child
Support Enforcement Transmittal #1 letter.
Make sure you highlight the purpose of your request (e.g., establishment
of paternity).
b.
The
Interstate: To Obligee,
Referral Sent letter. This letter is
sent to the CP notifying him/her of the referral to the foreign country.
2.
Forward a
copy of the portions of the international packet to CIU to be imaged. Attach a copy of the ORS Imaging Header Sheet
to the above forms with a black clip.
3.
Send the
original:
a.
Child
Support Enforcement Transmittal #1, International: To Foreign Country letters, and any other
documents required to the foreign country’s Central Registry address; and,
b.
Interstate: To Obligee,
Referral Sent letter to the CP.
If you know
that the foreign country requires a translated referral, documentation in order
to work the case, you do not need to send a referral/ documentation. Instead, document in the case narrative (for
audit purposes) that you cannot send the referral because you have been unable
to gather all the required documentation.
If the foreign country fails to recognize the referral or provide
enforcement services, and you have something documented in writing from the
country, you may close the case provided that the NCP does not work for the
federal government or for a company that has its headquarters in the United
States, and you have determined that the NCP has no reachable domestic income
or assets. For more information, refer
to CS 061P Case Closure Overview.
Translating
Orders/Forms
When an
order or form needs to be translated, workers must send a request to the Salt
Lake RD.
Procedures –
Central Authority Payment (CAP)
The federal
Office of Child Support Services (OCSS) Central Authority Payment (CAP) helps
state child support agencies transmit payments electronically to enrolled
foreign countries using an Automated Clearing House (ACH) process. After
consolidating payments from states, CAP sends a weekly payment to each foreign
authority through the federal government’s International Treasury Services,
which converts the payment to the foreign country’s currency, then transmits the
payment to the foreign authority.
Procedures –
Currency Conversion
If you have
a foreign support order and need to convert the monthly child support amount
from one currency type to another, you may go to the Universal Currency
Converter at http://www.xe.com to convert the
amount. The Universal Currency Converter
may be used to convert from:
·
U.S. dollars into foreign currency (e.g., you have an
order and the monthly child support amount is $300.00 dollars; you need to send
a referral to England for enforcement, but you must convert dollars into
Euros); or,
·
Foreign currency into US dollars (e.g., you have an
order from Belgium and the monthly child support amount is €300.00 Euros. Before the order
can be added to the system you must convert Euros into U.S. dollars).
Special
Considerations – International Cases
Pursuant to
42 U.S.C. 654(32)(A) each state must:
“provide that any
request for services under this part by a foreign reciprocating country, a
foreign treaty country, or a foreign country with which the State has an
arrangement described in section
659a(d) of this title shall be treated as a request by a State. . . .”
The
following provides specific information about applying intergovernmental
procedures to international cases.
1.
Timeframes – Federal IV-D regulations only
apply to states that are receiving IV-D funding. Therefore, IV-D agencies (such as
a.
Disbursement
of payments:
i.
ii.
b.
Requests for information: Pursuant to 45 CFR 303.7(c)(6) an
initiating state must:
“Within 30 calendar
days of receipt of the request for information, provide the responding
agency with an updated intergovernmental form and any necessary
additional documentation, or notify the responding agency when the
information will be provided. . . .”
ORS must provide the responding
country with the requested information within 30 calendar days of the
request. If you anticipate that it will
take longer than 30 days to provide the requested information, notify the
foreign country of the date the information is expected to be provided. Foreign reciprocating countries and foreign
treaty countries are not held to the 30-day timeframe for responding to
requests for information from CSS.
Always allow sufficient time for translating, using international postal
services, and other general procedural differences, and apply case-closure
criteria due to lack of information cautiously when working with a foreign
country.
2.
Services offered – Provide the same services on
international cases as are provided on in-state or intergovernmental
cases.
EXAMPLE 1: A foreign
reciprocating country requests spousal support services only.
EXAMPLE 2: