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State
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Type of Process
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When Is the Process Used
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Statutory Citation for
Administative Process
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|
Judicial
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Administrative
|
Judical
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Administrative
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|
Alabama
|
X
|
|
Always
|
N/A |
N/A
|
|
Alaska
|
X
|
X
|
When not using the child support agency
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When no order has been set.
|
Alaska Stat. § 25.27.160
Alaska Stat. § 25.27.165
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Arizona
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X
|
|
In all cases where the Dept. of Child Support Enforcement is unable to obtain a stipulated order
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N/A |
N/A
|
|
Arkansas
|
X
|
|
Always
|
N/A |
N/A
|
|
California
|
X
|
|
Always
|
N/A |
N/A
|
|
Colorado
|
X
|
X
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(1) a court order exists which establishes a monthly child support obligation; or (2) The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s); (3) One or both of the parents is under age 18; or (4) A non-custodial party requests a court hearing prior to the scheduled Administrative Negotiation Conference; or (5) Other situations defined by regulation
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All other cases unless (1) the county director or designated IV-A staff has made a finding of good cause exemption from referral to the Child Support Enforcement Unity; or (2) the parties cannot agree to certain issues at the Administrative Process Negotiation Conference.
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Colo. Rev. Stat. § 26-13.5-101 through 26-13.5-115
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|
Connecticut
|
X
|
X
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When the noncustodial parent does not agree to the guidelines amount.
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When noncustodial parent agrees to the amount of support indicated by the child support guidelines.
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Conn. Gen. Stat. § 46b-172
|
|
Delaware
|
X
|
|
Always
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N/A |
N/A
|
|
District of Columbia
|
X
|
X
|
Administrative orders require judicial approval.
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When both parties can reach agreement, order must be ratified by court.
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N/A
|
|
Florida
|
X
|
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
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Fla. Stat. § 409.2563
Fla. Stat. § 120.80(14)(c)
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|
Georgia
|
X
|
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
Office of State Administrative Hearings Rules, Chapter 616
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|
Guam
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X
|
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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Guam Code § 19-5A-5501 et.seq.
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|
Hawaii
|
X
|
X
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For paternity cases and Non IV-D cases
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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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|
Idaho
|
X
|
|
Always
|
|
N/A
|
|
Illinois
|
X
|
X
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Any case where the circuit court has taken jurisdiction and there is an order of the court with active terms; any case where one or both parents and/or one or more children in common are the subject of another family law order; any case where one or more of the participants may be a victim of domestic violence; any case where the referral originated in the Title IV-E agency; any case where there is a point of law that may be contentious or difficult; any case where the parents appear to be in significant conflict with each other; any case where paternity is being established for older children; and any other case where a judicial environment is deemed necessary.
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Individual case circumstances and the volume of cases determine the process used. Typically used only when the parties are the two parents of a child and are generally in agreement.
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Ill. Comp. Stat. § 5/10-1 et.seq.
|
|
Indiana
|
X
|
|
Always
|
N/A |
N/A
|
|
Iowa
|
X
|
X
|
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 Chapter 252C
Iowa Code Chapter 252F
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|
Kansas
|
X
|
|
Always
|
N/A |
Kan. Stat. Ann. § 39-7,142
|
|
Kentucky
|
X
|
X
|
Always
|
Kentucky law allows support to be established administratively but judicial is always used
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Ky. Rev. Stat. § 205.712
|
|
Louisiana
|
X
|
|
Always
|
N/A |
N/A
|
|
Maine
|
X
|
X
|
When the court has assumed jurisdiction over the parties and issue.
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Unless a court has assumed jurisdiction over the parties and the issue.
|
Me. Rev. Stat. § 2251-2456
|
|
Maryland
|
X
|
|
Always
|
N/A |
N/A
|
|
Massachusetts
|
X
|
|
Always
|
N/A |
N/A
|
|
Michigan
|
X
|
|
UIFSA/URESA 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/URESA petitions are handled by the prosecuting Attorney in respondent's county.
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Mich. Comp. Laws § 552.517
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|
Minnesota
|
X
|
|
When issues that are outside the scope of the expedited process are addressed, such as: custody, visitation, or contested parentage
|
N/A
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The Minnesota Supreme Court created an expedited child support process to establish, modify and enforce support. Minn. Stat. § 484.702. The rules for the expedited process are promulgated by the Minnesota Supreme Court. Minn. Gen. R. Prac 351-379.
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|
Mississippi
|
X
|
|
Always
|
N/A |
Miss. Code Ann. § 43-19-31
|
|
Missouri
|
X
|
X
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A case is generally handled judicially if: 1) the noncustodial parent is a minor; 2) it involves a presumed vs. alleged situation; 3) a presumption or legal finding of paternity cannot be established administratively
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When possible. Judicial process is used otherwise.
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Mo. Rev. Stat. § 454.470
|
|
Montana
|
X
|
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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Mont. Code § 40-5-201 et.seq.
Mont. Code § 40-5-801 et.seq.
|
|
Nebraska
|
X
|
|
Always
|
N/A |
N/A
|
|
Nevada
|
X (quasi)
|
|
Almost Always
|
N/A
|
Nev. Rev. Stat. § 125B.080
|
|
New Hampshire
|
X
|
|
Always
|
N/A |
N/A
|
|
New Jersey
|
X
|
|
If paternity has not been determined before the initial support conference, the Child Welfare Agency/Child Support Unit follows judicial procedures to establish paternity
|
N/A |
N/A
|
|
New Mexico
|
X
|
|
Always
|
N/A |
N/A
|
|
New York
|
X
|
|
Always
|
N/A |
N/A
|
|
North Carolina
|
X
|
X
|
When agreement cannot be reached within a reasonable time
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When the parties agree to the terms
|
N.C. Gen. Stat. § 110-133
|
|
North Dakota
|
X
|
|
Always
|
N/A |
N/A
|
|
Ohio
|
X
|
|
Judicial establishment via UIFSA tribunal.
|
N/A |
|
|
Oklahoma
|
X
|
X
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When it is more efficient than the administrative process or when administrative process is unavailable for a particular area.
|
Most offices use the administrative process.
|
Okla. Stat. tit. 56, § 237 et. seq.
|
|
Oregon
|
X
|
X
|
If the order is appealed, or a party requests the case be heard by a judge in a paternity proceeding
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Whenever possible
|
Or. Rev. Stat. §416.415
Or. Rev. Stat. § 416.400 through 416.465
|
|
Pennsylvania
|
X
|
X |
If action is contested
|
If action is uncontested |
Pa. Cons. Stat. Ann. tit. 23, § 4305
|
|
Puerto Rico
|
X
|
X
|
Non IV-D Cases
|
IV-D Cases
|
Act Number 5, of December 30th, 1986, as amended, 8 L.P.R.A. (Laws of Puerto Rico Annotated)
|
|
Rhode Island
|
X
|
|
Always
|
N/A |
N/A
|
|
South Carolina
|
X
|
X
|
In contested cases or natural/legal cases.
|
In most cases.
|
S.C. Code Ann. § 63-17-710 et.seq.
|
|
South Dakota
|
X
|
X
|
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.
|
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 §§ 25-7A-5 through 25-7A-7
|
|
Tennessee
|
X
|
|
Always
|
N/A |
N/A
|
|
Texas
|
X
|
X
|
In cases involving the following: (1) party is a minor and cannot waive services; (2) child is in foster care; (3) both an alleged and presumed father; (4) remedy is not available administratively; (5) family violence alleged; (6) party is not cooperative or cannot effectively participate
|
In most circumstances, unless one of the exclusions is applicable or unless the custodial parent does not cooperate.
|
Tex. Fam. Code § 233.001 et.seq.
|
|
Utah
|
X
|
X
|
When a prior judicial order exists or the order involves a minor parent.
|
When no prior judicial order exists or there is a prior judicial order authorizing use of administrative process.
|
Utah Code Ann. §§ 62A-11-301 through 62A-11-328
Utah Code Ann. § 63G-4
|
|
Vermont
|
X
|
|
Always
|
|
N/A
|
|
Virgin Islands
|
X
|
X
|
When Divorce Decree and/or property settlement agreement includes a support obligation
|
For all IV-D cases, but under exceptional circumstances, the administrative hearing officer may refer the case to the judicial branch
|
V.I. Code tit. 16, § 354
V.I. Regs. 16-013-001, § 354-01 through 354-11
|
|
Virginia
|
X
|
X
|
Parties involving minor paternal fathers/non-custodial parent, or incarcerated felons; after administrative process has been exhausted.
|
Administrative is the state's first preference.
|
Va. Code § 63.2- 1901-1946
|
|
Washington
|
X
|
X
|
If paternity must also be established or if an existing superior court order needs to be modified.
|
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.
|
Wash. Rev. Code § 74.20A.055
|
|
West Virginia
|
X
|
|
Always
|
N/A |
N/A
|
|
Wisconsin
|
X
|
|
Always
|
N/A |
N/A
|
|
Wyoming
|
X
|
|
Always
|
N/A |
N/A
|