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State
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Type of Process
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When the process is used?
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Statutory Citation for Administrative Process
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Additional Information
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Judicial
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Administrative
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Judical
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Administrative
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Alabama
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X
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Judicial process always used.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency.
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Alaska
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X
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X
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Judicial process is used when parents do not use the child support agency.
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Admnistrative process is used to establish an order when no order has been set.
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Alaska Stat. § 25-27-160
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There are non-IV-D hearing officers who preside over contested orders. In uncontested orders, the IVD office sets the order.
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Arizona
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X
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Judicial process is used in all cases where the Dept. of Child Support Enforcement is unable to obtain a stipulated order.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Arkansas
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X
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Judicial process is always used.
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N/A
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A judge presides over contested cases. In uncontested cases there is a consent order.
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California
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X
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Judicial process is always used.
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N/A
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A non-judge presides over all orders, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Colorado
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X
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X
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Judicial process is used in the following cases: (1) Any IV-D case that is not appropriate for administrative review including paternity establishment, cases with a party under 18, cases where the NCP is active miitary (unless there is a waiver), and when judicial orders for support already exist; (2) Court approval of an administrative default order; (3) Court entry of permanent orders following temporary admin order; (4) County entry of permanent orders - no APA order established; (5) Court resolution of objections; (6) Court review of any administrative order.
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The following types of orders are handled under the administrative process: (1) Stipulated; (2) Temporary; (3) Default - subject to judicial approval; (4) Debt Only; (5) Order of Modification; (6) Add a Child Orders.
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Colo. Rev. Stat. § 26-13.5-101 through 26-13.5-113
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A non-judge presides over contested orders, and for uncontested orders there is a consent order. Colorado considered becoming a quasi-judicial state but is moving more toward a pure APA state. Agreed and Temporary orders are entered without any judicial involvement, and temporary orders are valid until the court enters a permanent order. Default orders are entered by the court.
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Connecticut
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X
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X
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Judicial process is used when the noncustodial parent does not agree to the guidelines amount.
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Administrative process is used only when noncustodial parent agrees to the amount of support indicated by the child support guidelines.
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Conn. Gen. Stat. § 46b-172
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A non-judge presides over all orders, both contested and uncontested. Additionally, an attorney represents the IV-D agency in contested cases
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Delaware
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X
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Judicial process is always used.
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N/A
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A non-judge presides over all orders, both contested and uncontested. Additionally, an attorney represents the IV-D agency in contested cases
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District of Columbia
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X
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X
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Administrative orders require judicial approval.
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Administrative used when both parties can reach agreement, order must be ratified by court.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Florida
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X
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X
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Foster care cases; change-of-payee cases; Medicaid-only cases where the custodial parent or caretaker relative does not want the Department of Revenue to address child support issues; judicial referrals already in progress; and cases previously dismissed (except for lack of service or record activity). Additionally, if the cases do not meet the criteria for the administrative establishment of support, or if the noncustodial parent makes a timely request for a judicial determination of support.
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If paternity has been established, or is presumed by law and there is no existing support order (including those orders that reserve jurisdiction on support, orders that establish a zero support amount, or medical support only orders).
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Fla. Stat. § 409.2563
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A non-judge presides over all orders, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Georgia
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X
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X
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Each circuit determines the best course of action to take.
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In those circuits where court time is limited, the administrative process is used.
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Ga. Code § 50-13-40 and the Office of State Administrative Hearings Rules, Chapter 616
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Guam
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X
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X
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When parties raise issues that fall outside the Administrative Hearing Officer's jurisdiction.
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When the CSED is establishing an order, the action is filed with the Judicial Hearing Division that office will hear all child support matters.
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19 Guam Code Annotated chapter 5A, Sections 5501 et seq.
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Hawaii
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X
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X
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For paternity cases and Non IV-D cases, support is established through the judicial process.
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Support is established through administrative process unless the case is a complex case that requires judicial action for IV-D cases, excluding paternity cases.
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Hawaii Revised Statutes § 576E.
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The OAH or AG presides over all cases, both contested or uncontested. Additionally, an attorney represents the IV-D agency in all cases.
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Idaho
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X
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Judicial process is always used.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Illinois
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X
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X
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Any case where the circuit court has taken jurisdiction and the order has active terms; all cases with unusual circumstances are referred judicially; paternity establishment for older children. Volume of case flow may impact referral process.
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Individual case circumstances and the volume of cases determine the process used.
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Ill. Comp. Stat. § 5/10-1
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A judge presides over contested cases and a non-judge presides over uncontested cases. Additionally, an attorney represents the IV-D agency
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Indiana
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X
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Judicial process is always used.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, an attorney represents the IV-D agency
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Iowa
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X
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X
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Judicial process might be used when paternity is legally established for some, but not all, children.
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Most actions are administrative.
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Iowa Code § 232.4
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A judge presides over contested cases. In uncontested cases there is a consent order. Additionally, in both cases an attorney represents the IV-D agency.
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Kansas
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X
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Judicial process is always used.
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Kan. Stat. Ann. § 39-7,142
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A non-judge presides over contested cases. In uncontested cases, a consent order is entered. In both cases an attorney represents the IV-D agency.
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Kentucky
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X
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X
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Determined by local worker.
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Determined by local worker.
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Ky. Rev. Stat. § 205.712
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A judge presides over all cases, both contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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Louisiana
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X
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Judicial process is always used.
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N/A
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A judge presides over contested cases, and a non-judge presides over uncontested cases. Additionally, in both cases an attorney represents the IV-D agency.
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Maine
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X
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X
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Judicial process is used when the court has assumed jurisdiction over the parties and issue.
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The administrative process is used unless a court has assumed jurisdiction over the parties and the issue.
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Me. Rev. Stat. § 2251-2456
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Non-IV-D hearing officers preside over contested cases. In uncontested cases, orders are entered without any hearing
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Maryland
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X
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Judicial process is always used.
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N/A
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A non-judge presides over contested cases. In uncontested cases, a consent order is entered. In both cases an attorney represents the IV-D agency.
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Massachusetts
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X
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Judicial process is always used.
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N/A
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A judge presides over all cases, both contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency.
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Michigan
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X
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UIFSA registration requests are handled by the Friend of the Court office in obligor's county of residence; interstate income withholding requests are processed by the Friend of the Court office in the county where the obligor's employer is located; support collections made under any type of MI child support order processed by the Friend of the Court office where the order is entered.
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UIFSA petitions are handled by the prosecuting Attorney in respondent's county.
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Mich. Comp. Laws § 552.517
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A non-judge presides over all cases, both contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency.
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Minnesota
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X
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When issues that are outside the scope of the expedited process are addressed, such as: non-IVD cases; custody, visitation, or contested parentage; evidentiary hearings; issues of criminal contempt; matters of criminal non-support.
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IV-D cases, and those not required to be handled judicially.
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Minn. Gen. R. Prac., Rule 353
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A non-judge presides over all cases, both contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency.
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Mississippi
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X
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Judicial process is always used.
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Miss. Code Ann. § 43-19-31
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A judge presides over all cases, both contested and uncontested.
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Missouri
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X
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X
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A case is generally handled judicially if: 1) it requires a UIFSA action; 2) it involves a minor parent; 3) it involves a presumed vs. alleged situation that cannot be resolved through a three-party affidavit; 4) a presumption or legal finding of paternity cannot be established administratively (i.e., administrative process can only be used to establish a support order if a presumption or legal finding of paternity exists or other evidence.
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Administrative process is used when possible. Judicial process is used otherwise.
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Mo. Rev. Stat. § 454.470
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A non-IVD hearing officer presides over contested cases. In uncontested cases, orders are entered without a hearing. Attorneys represent the IV-D agency in contested cases.
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Montana
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X
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X
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Montana court orders and court orders from other states must be modified by a district court. The final decision and order of the administrative process must be filed with and approved by the applicable Montana court.
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If no prior judicial order exists or if there is a prior judicial order authorizing use of administrative process.
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N/A
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IV-D agency conducts in-house hearings for contested cases. In uncontested cases, an order is entered with no hearing
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Nebraska
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X
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Judicial process is always used.
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N/A
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A judge presides over contested cases, and a non-judge presides over uncontested cases. Additionally, in both cases an attorney represents the IV-D agency.
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Nevada
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X (quasi)
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Judicial process is almost always used.
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N/A
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N/A
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A non-judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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New Hampshire
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X
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X
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Judicial process is always used.
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N/A
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A non-judge presides over both cases, contested and uncontested.
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New Jersey
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X
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If paternity has not been determined before the initial support conference, the Child Welfare Agency/Child Support Unit follows judicial procedures to establish paternity
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N/A
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A non-judge presides over both cases, contested and uncontested.
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New Mexico
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X
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Judicial process is always used.
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N/A
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A non-judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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New York
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X
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Judicial process is always used.
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N/A
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A non-judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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North Carolina
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X
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X
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The judicial process is used when the non-custodial parent does not agree with the order.
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When the non-custodial parent agrees and signs a Voluntary Support Order and Agreement (VSA).
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N.C. Gen. Stat. § 110-133
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A judge presides over contested cases. In uncontested cases, a consent order is entered. Additionally, in both cases an attorney represents the IV-D agency
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North Dakota
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X
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Judicial process is always used.
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N/A
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A judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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Ohio
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X
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Judicial process is always used.
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N/A
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In contested cases, the IV-D agency conducts in-house hearings. Consent orders are entered in uncontested cases. An attorney represents the IV-D agency in contested cases
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Oklahoma
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X
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X
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Judicial process will be used when it is more efficient than the administrative process or when administrative process is unavailable for a particular area.
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Most offices use the administrative process.
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Okla. Stat. tit. 56, § 237 et. seq.
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The OAH or AG presides over contested cases. In uncontested cases, a non-IVD hearing officer presides. Additionally, an attorney represents the IV-D agency in all cases.
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Oregon
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X
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X
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If the order is appealed, or a party requests the case be heard by a judge in a paternity proceeding, then the judicial process is used.
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Whenever possible, Oregon will use the administrative process to establish a support order.
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Ore. Rev. Stat. §§ 416.400-416.470.
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The OAH or AG presides over contested cases. In uncontested cases, the IV-D agency sets an order with no hearing.
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Pennsylvania
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X
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Judicial process is always used
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N/A
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A non-judge presides over all cases, both contested and uncontested.
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Puerto Rico
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X
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X
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N/A
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The participant can choose any forum. Once the action is submitted in a forum, the other one has to inhibit or intervene. All intergovernmental cases has to be worked thru the administrative process.
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Act Number 5, of December 30th, 1986, as amended, 8 L.P.R.A. (Laws of Puerto Rico Annotated)
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Rhode Island
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X
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Judicial process is always used
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N/A
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A non-judge presides over all cases, both contested and uncontested.
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South Carolina
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X
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X
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Judicial process is used in contested cases or natural/legal cases.
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Administrative process is used in most cases.
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S.C. Code Ann. § 63-17
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A judge presides over contested cases. In uncontested cases, a hearing is conducted by the IV-D agency.
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South Dakota
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X
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X
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Judicial proceedings are used when a request for a hearing on the Notice of Support Debt is submitted in writing or when a referral is made to the IV-D prosecutor to initiate court proceedings to establish a child support order.
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Administrative process is used when a Notice of Support Debt is served on the parents and the action is not contested. Application for an order for support is then filed with circuit court.
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S.D. Codified Laws Ann. §§ 25-7A-5 through 25-7A-7
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A non-judge presides over contested cases. In uncontested cases, a consent order is entered. In contested cases an attorney represents the IV-D agency.
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Tennessee
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X
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Judicial process is always used
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N/A
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A judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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Texas
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X
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X
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Judicial process is used in cases involving the following: 1) a party who is presently incarcerated; 2) family violence; 3) foster care; 4) minor party; 5) custodial party is not the mother or father; 6) a presumed father needs to be excluded; 7) contempt is sought.
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In most circumstances, unless one of the exclusions is applicable or unless the custodial parent does not cooperate.
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Texas Family Code. Family § 233
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A non-judge presides over both cases, contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency
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Utah
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X
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X
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Judicial process is used when a prior judicial order exists or the order involves a minor parent.
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When no prior judicial order exists or there is a prior judicial order authorizing use of administrative process.
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Utah Code Ann. § 62A
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A non-IVD hearing officer presides over contested cases. In uncontested cases, the IV-D agency holds an in-house hearing. Additionally, in contested cases, the IV-D agency is represented by an attorney.
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Vermont
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X
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Judicial process is always used
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N/A
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A non-judge presides over all cases, both contested and uncontested.
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Virgin Islands
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X
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X
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The judicial process is used in circumstances in which a divorce decree and/or property settlement agreement includes a support obligation, or where a support obligation was established in a Domestic Violence order.
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The administrative process is used for all IV-D applications or TANF Referrals.
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16 V.I.C. Sec. 354, and CVIR 16-013-001, Sec. 354-01 through 354-11
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Virginia
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X
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X
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Parties involving minor paternal fathers/non-custodial parent, or incarcerated felons; after administrative process has been exhausted.
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Administrative is the state's first preference.
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Va. Code § 63.2- 1901-1946
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In contested cases,a non-IVD hearing officer presides. In contested cases, the IV-D agency sets the order with no hearing.
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Washington
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X
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X
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If paternity must also be established or if an existing superior court order needs to be modified.
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When paternity is not an issue and there is no court order either setting or relieving the non-custodial parent of a support obligation for the child.
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Wash. Rev. Code § 74.20A.055
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The OAH or AG presides over contested cases. In uncontested cases a consent order is entered. Additionally, in both cases an attorney represents the IV-D agency.
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West Virginia
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X
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Judicial process is always used.
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N/A
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A non-judge presides over all cases, both contested and uncontested
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Wisconsin
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X
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Judicial process is always used.
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N/A
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A judge presides over contested cases, and a non-judge presides over uncontested cases. Additionally, in both cases an attorney represents the IV-D agency.
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Wyoming
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X
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Judicial process is always used.
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N/A
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A non-judge presides over all cases, both contested and uncontested. Additionally, in both cases an attorney represents the IV-D agency.
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