Child Support Administrative Complaint Procedure
From time to time, parties to a Child Support Enforcement Division (CSED) case may have a question, concern or a complaint concerning the case which is not related to a contested case procedure. For instance, you may feel you were improperly denied child support service, or an action was not taken on your case as promptly as it should have been. The CSED has established a complaint procedure to address these sorts of issues.
Step 1. Is this a complaint, concern or question that the CSED has the power to resolve?
There are many situations where the circumstances are beyond the direct control of the CSED. In those instances, the CSED has no ability to resolve a complaint. Some of these situations are:
- the actions or inaction of an out-of-state child support agency;
- the timeliness of a court proceeding, either in Montana or another state;
- the ability of a sheriff or a process server to serve a notice;
- the validity of federal and state laws and regulations, outside of a contested case proceeding;
- decisions which involve the professional judgment of the CSED's legal staff, who are subject to the Montana Rules of Professional Responsibility.
Step 2. Has the person assigned to the case had an opportunity to respond to the complaint, concern or question?
You should attempt to resolve your complaint, concern or question with the caseworker or the person with whom you've been working directly. You may contact CSED staff by telephone or by writing to the address provided on previous correspondence from the CSED.
Step 3. What if the case still isn't resolved?
You should write a letter explaining your complaint, concern or question to the person who supervises the caseworker or the person with whom you've been working directly.
Step 4. Still no resolution?
You may write a letter to the CSED's Administrator, who has the ultimate authority to resolve complaints, concerns or questions about the case. The decision of the Administrator is final, and is not subject to further appeal.