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Trial Court Perforrmance Standards & Measurement System

Measure 3.5.2: Child Support Enforcement

This measure is similar to Measure 3.5.1. However, its focus is on child support orders rather than probationary orders.

Planning/Preparation. Illustrative data elements are provided on Form 3.5.2, Illustrative Data Elements for Measuring Enforcement of Child Support Orders. Data of this type can be obtained by examining the order and the payment bookkeeping records separately. In many cases, a bookkeeping record may contain all required data.

Sampling must be from court case disposition records, unless it is demonstrated that records of the bookkeeping agency include all court cases and do not include cases for which enforcement jurisdiction is not with the court. If court case disposition records are used, the sampling technique must allow for cases in which no child support is ordered. The sample should be taken from cases in which a divorce, dissolution, or paternity establishment was entered at least 18 months prior to the sample date, and no more than 36 months prior to the sample date. This restriction will allow adequate time for a payment pattern to develop and for enforcement action to be taken, and it will exclude cases that are so old that they have little relevance to contemporary policy and practice. The sample should include 300 cases.

Data Collection. Data are collected on coded forms. For an example, please refer to Form 3.5.2, Illustrative Data Elements for Measuring Enforcement of Child Support Orders. The data related to the status of enforcement actions taken may prove problematic to collect. However, an effort should be made to collect it. If problems are encountered, they should be described. Specifically, the reasons why particular data elements are not available should be noted. These reasons may have a bearing on the enforcement capacity of the responsible agency.

Data Analysis and Report Preparation. Analysis involves computing summary statistics to describe the amounts ordered and paid, regularity of payment, and enforcement responses.

All States are required to collect and report to the Federal Government information on the volume of Title IV–D child support cases, the amounts of money collected, and other related information. This information should be obtained for each jurisdiction in the State and used to assist in the evaluation of the data for the court. The information can be obtained from the State’s official Title IV–D agency, usually a division of the State’s health and welfare organization.

The summary results returned to the court will allow it to see the trends in compliance as well as in enforcement by the responsible agency. If it proves difficult to document the enforcement status of the cases, a description of the reasons for the difficulty may suggest changes in practices that would improve the monitoring capability of the system. Summary results may be compared with information obtained from the State’s official Title IV–D agency, as previously described. Results also may be compared with data published for all States by the U.S. Government Office of Child Support Enforcement in its annual statistical report. These comparisons should be focused on States in which the respective roles of the court and other agencies are similar. Although such comparisons should be cautiously approached and their significance interpreted in the most tentative fashion, they may suggest benchmarks for performance.

Go to Form 3.5.2

Go to Standard 3.5

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Copyright © 2001 National Center for State Courts
Last Modified: January 23, 2005