ESTABLISHMENT of a Child Support Obligation
An administrative proceeding to establish child support occurs when:
- A parent or guardian applies to the Child Support Enforcement Agency (CSEA) for assistance in obtaining a child support order;
- A parent or caretaker receives public assistance benefits on behalf of a child; or
- The Department of Human Services makes foster care payments on behalf of a child;
The Office of Child Support Hearings (OCSH) issues administrative orders establishing a child support obligation after the CSEA processes the application for services. CSEA will locate the parents, attempt to obtain income and other relevant information from them, and calculate the child support obligation pursuant to the Hawaii Child Support Guidelines.
CSEA then serves both parents by personal service or certified mail with a proposed administrative order for the establishment of a child support obligation. For CSEA contact information click on this link: http://hawaii.gov/ag/csea/main/contact/
Each parent then has an opportunity to contest the proposed order by requesting a hearing. If a parent requests a hearing within the time period allowed, a hearing is scheduled and conducted.
Issues that may be addressed at an establishment hearing include:
- actual income or income earning ability of the parents
- cost of the child(ren)’s medical insurance premium paid by either parent over and above the cost to insure the parent
- child care expenses
- any other issue a parent believes is relevant to the establishment of the child support obligation
The Hearing Officer will determine whether evidence presented at the hearing is relevant to the proceeding.
To prepare for a hearing concerning a proposed administrative order to establish child support, parties should read thoroughly all documents they receive from the CSEA and the OCSH. These documents will explain the action the CSEA is proposing and what laws and/or regulations govern it. See also the Preparing for Your Hearing section of this website.
Documents parties may want to present at the administrative hearing are:
- prior court or administrative orders
- current income information
- verification of child care expenses
- medical insurance premium costs to insure the subject child(ren) over and above the cost to insure the parent
- evidence that back child support is or is not owed
- proof of exceptional circumstances as described by the Hawaii Child Support Guidelines
- relevant correspondence, letters, or documents received from the CSEA
- any other document the party feels is relevant and supports their position
Parties should submit documents they intend to present at the hearing to the CSEA at least one week prior to the hearing. These documents may be delivered or mailed to: CSEA, Attention: APB Hearing Coordinator, 601 Kamokila Blvd., Suite 251, Kapolei, Hawai‘i, 96707.