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Administrative and Judicial Processes for Establishing Child Support Orders

July 2002

DHHS, Administration for Children and Families

While the federal government has mandated the use of a number of enforcement techniques, states and localities still have considerable flexibility in designing the processes by which they establish child support. States have discretion in terms of shaping and running their child support programs. In many states, courts play a key role in child support order establishment, as well as other aspects of the program. In others, executive-branch agencies establish orders administratively. Despite the widespread use of the terms "judicial" and administrative," no study has tried to define each process -- or a range of quasi-judicial processes. The 50 states and the District of Columbia each has its own order establishment process and its own set of "players." This study addressed the following questions: What key characteristics define administrative and judicial processes? Is it possible to classify state processes into four or five key categories or types? Are there similarities, as well as differences, between the processes? How do cases progress through each of the process types? Are there differences in the number of people or agenies involved? Do clients perceive the processes as fair and accessible? Do cases appear to move quickly through one process or another? In order to answer the study questions, the project team developed a taxonomy of judicial and administrative processes; reviewed processes in nine states; and conducted site visits in five states.
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