Preparing For Your Hearing
The Child Support Enforcement Agency (CSEA) prepares and serves the parties with the proposed administrative order or action. Parties should thoroughly read all documents they receive from CSEA. These documents will explain the action that CSEA is proposing and what laws and rules govern the proposed action. OCSH is a separate government agency from CSEA. OCSH only becomes involved in a case if a hearing is requested, and CSEA schedules a hearing with OCSH.
After OCSH becomes involved, parties will be sent a Notice of Hearing form telling them the date and time of the hearing. Parties should thoroughly read all documents they receive from OCSH. These documents explain the hearing process and procedures, and contain helpful information.
If a party wants to make a request before the hearing, they can use the forms provided on this site.
HEARING PROCESS GUIDELINES
The following guidelines explain what is expected of parties during the course of the hearing process. The following is not a description or explanation of the parties’ rights relating to the hearing. Rather, the purpose of these guidelines is to assist parties to effectively participate in the hearing process.
It is expected that each party will:
1. Treat other participants respectfully, e.g., not carry on side conversations during the hearing, and interrupt others when they are talking, or be rude or discourteous.
2. Log in to the Zoom Hearing on time, prepared, and ready to participate in hearings. For assistance with logging onto Zoom, please refer to the appropriate Zoom User Guide below:
Mobile Phone User Guide
Desktop/Laptop User Guide
3. Direct questions about the process -what something means (such as when legal jargon is used) or why you are being asked to do something – to the Hearings Officer. Also, any arguments or objections to something must be made to the Hearings Officer.
4. Not take a lot of time or breaks during the hearing to get organized. A reasonable number of breaks are allowed. If one is needed, a party must ask the Hearings Officer.
5. Understand that in rendering a decision, a Hearings Officer may only consider what witnesses say while testifying on the record, or documents (called exhibits) that are made a part of the record. All exhibits should be submitted to OCSH at least 7 calendar days before the hearing.
6. Put requests (also known as motions) that the Hearings Officer do or allow something to be done (e.g., such as reschedule a hearing date or dismiss an issue), or responses to such requests, in writing. These requests do not need to be typed, but they must be readable.
7. After the Hearings Officer has heard what the parties have to say about something, such as a request (or a motion), and ruled, the parties must read and obey the directives and rulings of the Hearings Officer, even if the parties disagree with them.
Parties should be aware that the following are not allowed:
1. Neither party will receive advice on legal questions, strategy, or what to do in presenting its case from the Hearings Officer.
2. Neither party may talk to the Hearings Officer about anything when the other party is not present via Zoom. If a party sends any written communication (letter, email, etc.) to the Hearings Officer, the party must also send a copy of that communication to the opposing party. If the party does not do this, it is an ex parte communication with the Hearings Officer, which is prohibited by law. A party can request of the Hearings Officer that s/he schedule a conference by Zoom so both parties can participate.
LEGAL RESOURCES
Hawaii Family Court Forms – Child Support Guidelines and Worksheet
Hawaiʻi Revised Statutes, Chapter 576E (Administrative Process for Child Support Enforcement)
Hawaiʻi Revised Statutes, Chapter 91 (Administrative Procedures)
Hawaiʻi Administrative Rules, Title 5, Chapter 34 (OCSH Administrative Rules)
Hawaiʻi Child Support Enforcement Agency (CSEA)
DOCUMENTS TO PRESENT AT THE HEARING
Documents parties may want to present at the administrative hearing are:
- Prior court or administrative orders
- Prior tax returns
- Current income and benefit information
- Evidence that back child support is or is not owed
- Receipts for childcare providers
- Statements showing medical insurance premium costs to cover the child, over and above the cost to cover the parent
- Proof of a party’s inability to earn income
- Proof of exceptional circumstances as described by the Hawaiʻi Child Support Guidelines
- Proof of full-time enrollment in school if the child is over 18
- Relevant correspondence, letters, or documents received from the CSEA
- Any other documents the party feels are relevant and supports their position
Parties must submit copies of any documents they intend to present at the hearing to the OCSH at least 7 calendar days prior to the hearing and attach them to the “Exhibit List” form provided on this site. Failure to do so may result in such documents being excluded from consideration as evidence.
Assume that copies of any and all documents you submit to the OCSH for the hearing may be used as exhibits, and copies may be provided to the other party. Please remove Social Security numbers, driver’s license numbers, State of Hawaii identification numbers, financial account numbers, credit or debit card numbers, passwords, access codes, addresses, phone numbers, and any personal information that you do not want shared with the other party.
Documents should be mailed/faxed/emailed/delivered to:
Office of Child Support Hearings
601 Kamokila Blvd., Rm. 436
Kapolei, Hawaiʻi 96707
Fax: (808) 692-7114
Email: [email protected]
Due to security concerns, we are prohibited from accessing evidence or testimony that is submitted by cloud storage (i.e. Apple iCloud, Dropbox, Google Drive, Microsoft One Drive, and etc.).