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If You Don't Know There's a Problem, How Can You Find a Solution?

The Need for Notice and Hearing Rights in Child Support Distribution Cases

By Paula Roberts

To determine whether the state properly allocated child support payments between the family and the state, custodial and noncustodial parents who are current or former recipients of public assistance need a detailed notice describing what support the state collected and how it distributed the payments. These parents also need access to a hearing procedure to dispute the allocation if they believe that the state made a mistake. The federal constitution, laws, and regulations grant these fundamental due process rights. However, many states do not recognize them, and others have developed procedures that do not afford adequate due process.

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