CS 700-3 Discharge of IV-A Arrears/Forgiveness of Non-IV-A Arrears
11/85 Revised 05/16/16 Training Completed 05/27/16
Discharge of IV-A Arrears
CSS policy allows for flexibility in the discharge of arrears owed by a non-custodial parent (NCP) who is involved in special circumstances. If you are determining an arrears payment for an NCP who is an ex-prisoner, or for an NCP who has participated in a mental health and/or substance abuse treatment program, the balance of his/her IV-A arrearages which accrued while s/he was incarcerated or in treatment may be forgiven if certain conditions are met. NOTE: The discharge of arrearage policy only applies to IV-A arrears debts that accrued while the NCP was incarcerated or in treatment. As with all Non-IV-A arrears debts, the custodial parent (CP) must authorize the discharge of these monies, otherwise the arrears are still due and owing.
NOTE: The discharge of arrearage policies above apply only to IV-A arrears debts that accrued while the NCP was incarcerated or in treatment. The custodial parent (CP) may authorize the discharge of any non-IV-A arrears debts by forgiving the debt(s).
Forgiveness of Non-IV-A Arrears
1. A CP may forgive some or all of a non-IV-A arrears debt (money owed to the CP) with a detailed, signed and notarized written statement. The written statement must include:
a. The Office of Recovery Services (ORS) case number;
b. A statement which clearly indicates the CP’s intent to forgive the non-IV-A arrears debt;
c. An exact dollar amount of the non-IV-A debt the CP wishes to forgive; and,
d. The date and CP’s notarized signature.
NOTE: A CP can only forgive a non-IV-A arrears debt. A CP cannot forgive a IV-A arrears debt or forgive (or suspend) an ordered current support charge as long as the case is open with ORS.
2. If you receive a signed, notarized statement from a CP which forgives some or all of a non-IV-A arrears debt:
a. Forward the statement to the Central Imaging Unit (CIU)). The imaged statement should be filed in Content Manager.
b. Notify the senior agent or other authorized worker to make the appropriate adjustment to the arrears debt in ORSIS.
Once a CP forgives a non-IV-A arrears debt with a signed and notarized statement, do not add a non-IV-A arrears debt to an existing or a reinstated case for the same time period without a judgment or determination of arrears from a judicial court or a completed Stipulated Arrears.
NOTE: ORS is bound to enforce the terms of any judicial order entered subsequent to the receipt of a written statement from CP forgiving arrears and which covers the same time periods as the arrears forgiven with the written statement.