ENFORCEMENT OF SUPPORT OBLIGATION

CS 800P Federal Regulations

04/87 Revised 09/03

45 CFR 303.6

 

Federal Regulations

 

Federal regulations found at 45 CFR 303.6 require states to provide the support enforcement services listed below:

 

“For all cases referred to the IV-D agency or applying for services under Sec. 302.33 in which the obligation to support and the amount of the obligation have been established, the IV-D agency must maintain and use an effective system for:

    (a) Monitoring compliance with the support obligation;

    (b) Identifying on the date the parent fails to make payments in an amount equal to the support payable for one month, or on an earlier date in accordance with State law, those cases in which there is a failure to comply with the support obligation; and

    (c) Enforcing the obligation by:

    (1) Initiating income withholding, in accordance with Sec. 303.100;

    (2) Taking any appropriate enforcement action (except income withholding and Federal and State income tax refund offset) unless service of process is necessary, within no more than 30 calendar days of identifying a delinquency or other support-related non-compliance with the order or the location of the noncustodial parent, whichever occurs later. If service of process is necessary prior to taking an enforcement action, service must be completed (or unsuccessful attempts to serve

process must be documented in accordance with the State's guidelines defining diligent efforts under Sec. 303.3(c)), and enforcement action taken if process is served, within no later than 60 calendar days of identifying a delinquency or other support-related non-compliance with the order, or the location of the noncustodial parent, whichever occurs later;

    (3) Submitting once a year all cases which meet the certification requirements under Sec. 303.102 of this part and State guidelines developed under Sec. 302.70(b) of this title for State income tax refund offset, and which meet the certification requirements under Sec. 303.72 of this part for Federal income tax refund offset; and

    (4) In cases in which enforcement attempts have been unsuccessful, at the time an attempt to enforce fails, examining the reason the enforcement attempt failed and determining when it would be appropriate to take an enforcement action in the future, and taking an enforcement action in accordance with the requirements of this section at that time.”

 

Examples of appropriate enforcement actions are as follows:

 

1.                  Making telephone calls or sending payment demand letters, such as the “Enforcement Warning Letter” or the “Annual Notice of Past-Due Child Support.”

 

2.                  Adjudicating past-due support through an administrative review process under the Utah Administrative Procedures Act (UAPA). 

 

3.                  Imposing a lien against real or personal property according to UCA 62A-11-312.5. 

 

4.                  Attaching and seizing financial institution accounts, stocks and bonds under UCA 62A-11-304.1.

 

5.                  Executing on real or personal property, such as a vehicle, under UCA 62A-11-312.5 and Rule 69 of the Utah Rules of Civil Procedure. 

 

6.                  Suspending driving privileges under UCA 62A-11-107(5).

 

7.                  Suspending professional, occupation, and recreational licenses under UCA 62A-11-107(5).

 

8.                  Periodic reporting to consumer reporting agencies (credit bureaus).   

 

9.                  Referring the case to the Attorney General’s Office for judicial court proceedings such as Civil Contempt, Order to Show Cause or Supplemental Proceeding. 

 

10.              Referring the case for criminal nonsupport. 

 

11.              Posting bond or security. 

 

12.              If past-due support in excess of $5,000 is owed, referring the case to the Secretary of State who may refuse to issue a passport, or revoke, restrict or limit a passport which has been previously issued (42 U.S.C. 652(k)). 

 

After you have taken an enforcement action, if the non-custodial parent (NCP) pays his/her delinquency in full but later falls behind again, you must take an enforcement action again within the 30/60 day timeframe.

 

If you have taken an enforcement action and the NCP did not pay his/her delinquency in full and is still not making regular payments, decide on a case by case basis how frequently you will review the case for another type of enforcement action.  For example, if you did a bank levy against a self-employed NCP but s/he still owes a substantial debt and is still failing to make voluntary payments, take another type of enforcement action against the NCP. 

 

Compliance

 

Periodic audits will be conducted at the agency, state and federal levels to measure substantial compliance with the federal enforcement requirements, if enforcement was the last required action during the review period.  Individual cases will either pass or fail an audit based upon whether one or more of the enforcement actions listed above has been taken, and whether the enforcement action was taken within the required timeframe.