ENFORCEMENT OF SUPPORT OBLIGATION
10/98 Revised Revised
The Office of Recovery Services/Child Support Services (ORS/CSS) uses a variety of enforcement actions to collect past-due support, including, but not limited to: lien-levies, property executions, civil contempt, supplemental proceedings, tax refund intercepts, and criminal nonsupport.
In order to initiate many of the enforcement actions, including enforcement actions that are done automatically by the ORS computer system (ORSIS), a case must meet ALL of the criteria listed below.
Criteria for Enforcement Action
1. The NCP owes child, spousal, and/or medical support arrears that total at least $150.00 in IV-A debts and/or $500.00 in Non-IV-A debts. (Exclude accruing fees debts, e.g., NCP’s income withholding fee.)
NOTE: ORSIS will not total IV-A and Non-IV-A arrears debts together for automated enforcement. However, if the NCP has more than one case, ORSIS will total all of the same types of debts (IV-A, Non-IV-A) on all of the cases.
NCP owes $100 IV-A debt on case #1;
NCP owes $ 50 IV-A debt on case #2;
NCP owes $400 Non-IV-A debt on case #1;
NCP owes $ 50 Non-IV-A debt on case #3.
Since the IV-A debts total $150, the case will qualify for automated enforcement even though the Non-IV-A debts do not meet the Non-IV-A criteria.
2. The NCP is delinquent an amount that is greater than one month’s current support obligation.
3. An “Annual Notice of Past-due Child Support” was generated for the NCP and at least thirty-five days has passed since the first notice was generated, to allow the NCP the opportunity to contest the amount of past-due support listed in the notice.
EXCEPTION: A sum-certain judgment with an arrears balance (see #1 above) exists on the case.
4. The NCP is not involved in an active bankruptcy.
5. The Department of Workforce Services (DWS) has not determined good cause or a good cause decision is not pending on the case. (You may initiate a lien-levy action if DWS approved the good cause option that allows CSS to proceed on a case without the custodial parent’s (CP’s) involvement.)
6. The NCP is not receiving state assistance.
7. The NCP’s case is not currently undergoing an agent review, an administrative review under UAPA, or a court judicial review, to resolve past-due support issues.
NOTE: You may have an NCP who is delinquent but does not meet the criteria listed above. You still need to take an enforcement action under Federal Regulations. For example, an NCP owes only $100 on a IV-A debt and/or has a balance due of $300 on a Non-IV-A sum-certain judgment. You can meet the Federal Regulations by taking one or more of the actions listed below.
· Researching all appropriate locate resources within 75 days from the date the need to locate the NCP occurs.
· Initiating income withholding, if appropriate.
· Enforcing an order when income withholding is not possible within 30 or 60 days from the date the NCP is determined to be delinquent or located by sending an “Enforcement Warning” or “Intent to Enforce” letter.
· Submitting the case for Federal and State tax refund offset.