Paternity

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Paternity
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Objectives of this segment

• To be able to identify a Paternity case.
• To be able to recognize the forms used to work a
  Paternity case.
• To be able to identify policy and procedures
  necessary to work a Paternity case.
• To be able to recognize the court procedures used
  to establish Paternity.

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What is a Paternity case?

• - The father of the child is not known.
• - The determination of the father must be made.
• - Once the father of the child is established
  then an obligation for child support will be
  made.

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Why is Establishing Paternity important?

• A child has a right to know both parents.
• A child has a right to inheritance.
• A child has a right to financial and emotional
  support.

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• A child has a right to financial benefits from
• the birth father.
• A child has a right to access the fathers
  medical
• history.
• A child has a right to medical support.

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How is Paternity Established?

• 1 - Voluntarily The alleged father agrees to
  voluntarily establish paternity.
• -- This can be done by using an agreed order
  or a VS-8.

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How is Paternity Established?

• 2 - Summary Judgment This is used after
  receiving positive genetic test results.

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How is Paternity Established?

• 3 - Default Judgment entered when the alleged
  father fails to respond to summons (chooses not
  to cooperate).

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What forms can we use to voluntarily establish
Paternity?

• VS-8 - Used outside the hospital possibly in the
  IV-A, IV-D or contracting officials office
• VS-8B - Used in the hospital after the birth of
  the child
• VS-8C - Used by vital statistics office when
  there is both a legal and a biological father.

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What about an Agreed Order?

• An agreed order is the judicial way to allow the
  NCP to voluntarily establish paternity.
• Some child support offices choose this method
  rather than using a VS-8.

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Summary Judgement

• A Summary Judgment is a judicial document that is
  used to establish paternity after positive DNA
  results have been received.

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Default Judgement

• A NCP has 20 days to respond once they receive
  the complaint and summons.
• When a NCP chooses not to respond to the summons
  and cooperate with child support then a default
  judgment will be sought.

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Default Judgement

• Paternity will be established by default and the
  NCP will be ordered to pay support. No DNA will
  be completed on a default case.
• In other words, the NCP is served and does not
  appear in court concerning the child support
  case. The judge can order that he is the father
  by default.

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What are some other formswe may use in Paternity
?

• CS-15 - DCS TRANSMITTAL
• This is a generic cover letter used to transfer
  information between a child support agency and
  another agency.

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What are some other formswe may use in Paternity
?

• CS- 31 - CUSTODIAL PARENT NOTIFICATION OF CASE
  ACTION
• This form is used to notify the Custodial Parent
  (CP) that their case has been closed or put in
  low priority.

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What are some other formswe may use in Paternity
?

• CS- 32 - CUSTODIAL PARENT ACTION INFORMATION
  LETTER
• This form is used to
• (1) Request information from the CP
• (2) Notify the CP of action they need to take
• (3) Inform the CP of action that Child
• support has completed.

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What are some other formswe may use in Paternity
?

• CS- 86 - GOOD CAUSE CLAIM / IV-D DETERMINATION
• This form is used by the CP to make a good cause
  claim for not wanting to pursue child support
  action.
• Is also used by Child Support case workers to
  notify the CP of our decision regarding good
  cause.

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What are some other formswe may use in Paternity
?

• CS- 137 CUSTODIAL PARENT NOTICE OF INTENT TO
  DISCONTINUE IV-D SERVICES
• This form is used to notify a CP of the intent of
  child support to discontinue IV-D services.
• It explains why we can no longer provide services
  and is sent 60 calendar days prior to
  discontinuing services.
• It informs the CP to contact the child support
  office if they have any new information on the
  Non custodial parent.

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Who can request an initiation of a Paternity Case?

• The mother of the child.
• The putative (alleged) father.
• An agency substantially contributing to the
  support of the child.
• The child.

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How does a caseworker receive a Paternity case?

• 1 A worker may receive a paternity case on
  their worklist.
• This means that the custodial parent has applied
  for benefits in the IV-A office and their case
  was referred to child support for action.
• This custodial parent must cooperate with child
  support or their benefits will be reduced in the
  IV-A office.

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How does a caseworker receive a Paternity case?
(cont)

• 2 A worker may receive a paternity case when a
  custodial parent comes in their office and
  applies for our child support services.
• This type of custodial parent is not receiving
  KTAP from the IV-A office.
• They are applying for our child support services
  as a NPA case (Non Public Assistance).

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Timeframes for a Paternity case

• A Paternity case must be opened within 20
  calendar days.
• Opening a case means establishing a case and
  initiating whatever action needs to be initiated.

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Timeframes for a Paternity case

• Within 90 calendar days of locating the alleged
  father, we must establish a support order or
  complete the service of process needed to start
  proceedings to establish a support order

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Initiation of Paternity Action

• If paternity has not been established
  administratively, then it must be established
  judicially by using the court system.
• Step 1 The contracting official receives a
  paternity case either by a referral or by an
  office visit.
• Step 2 The contracting official will send the
  custodial parent (CP) an appointment letter.

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Initiation of Paternity Action

• Step 3 The CP will sign the complaint while
  in the office which will be sent to the NCP.
  This will notify NCP of the action being taken.
• Step 4 The NCP has 20 days to respond.
• -- If the NCP responds and admits then
  the NCP can sign an agreed order.

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Initiation of Paternity Action

• Step 5 - If the NCP responds but does not
  admit to paternity then the NCP can submit to
• genetic testing voluntarily or may be ordered
  by a judge.
• Step 6 - If the NCP does not respond in the 20
  day timeframe then a court date will be set.
• Step 7 - If the NCP does not appear in court
  then a default judgment is entered.

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Initiation of Paternity Action

• Step 8 Once paternity is established either
  by positive DNA results, voluntarily, or by
  default then a support amount will be set.
• Step 9 Once the support amount is set and the
  order is signed by the judge then the caseworker
  is responsible for entering the court order on
  the KASES system.

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• As you can see there are many variables when
  working a paternity case. That is why it is so
  important for all caseworkers to be equipped with
  the proper procedures as well as the knowledge to
  enable them to be effective and efficient.
• We hope this learning session will help enable
  you to be a great caseworker.