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Deceased NCP or CP…�What do we do now?

  • I am not an expert…I need your help.
  • This will be round table discussion.
  • We will create a power point together.
  • Great networking opportunity.

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NCP passes away - no current support order, there are arrears owed to both CP and the State…

  • Confirm DOD – the worklist we receive (PDEC) comes from vital records and should be confirmation enough, but some courts require an obituary.
  • End the address for deceased
  • Are they certified for tax intercept? If yes, you may want to wait and see if a tax intercept comes in. Factors to consider: was NCP working in the last year, do they usually file taxes, time of year they passed.
  • Contact CP – will they stip to forgiving arrears?
  • Check the arrears forgiveness chart and see if there are any the county CSA can forgive.
  • Some counties file an affidavit and or motion with the court to preserve the arrears balance and then they close the case.
  • Some counties close the case, it turns to NIVD, arrears balances sit there, set worklist for 3 years out and close after 3 years.
  • Is there a an estate? Probate?
  • Sometimes probate will order the arrears to be paid to a different family member…if this happens, file the probate order and have the new payee do a short application for services.

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CP passes away - current support order and arrears owed to CP…

  • Verify DOD – again, not necessary but some courts require it.
  • End address of the deceased
  • Put CP’s PIN on hold
  • Add check override
  • Where is the child(ren) now?
  • File a motion to end current support/change payee…depending on where the child(ren) are.
  • If an adult child comes to us and tells us they want the arrearages to be paid to them, refer them to circuit court.
  • Refer the other parent/guardian to social security for family benefits.

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Probate…has anyone ever filed a claim?��Judicial Enforcement – Monetary Fact Sheet �

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  • Must wait 30 days after the DOD – make yourself a worklist
  • Once 30 days has passed, if no other party has probated the will and the CSA believes there are assets available in the estate, the CSA may elect to petition the court to probate the estate.
  • See § 856.09, Wis. Stats.
  • Talk to your CSA attorney
  • If death occurred in another state, the probate will be in that state.

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References found in CSPR

  • CSB 25-04 with attachments A, B, C, & D
  • CSL 25-07
  • Deceased Parent/Child Fact Sheet
  • Judicial Enforcement – Monetary Fact Sheet