ENFORCEMENT OF SUPPORT OBLIGATION
Each week, the Office of Recovery Services/Child Support Services (ORS/CSS) electronically files judgment-liens with the Administrative Office of the Courts (AOC) on all qualified IVDS, Foster Care or Youth Correction cases (including interstate). The judgment-liens are filed through the AOC’s computer system, which is known as CORIS (Courts Information System) in the county in which the non-custodial parent (NCP) resides.
Judicial judgments for specified time periods and amounts
that are obtained by the Attorney General’s Office (AGO) or by a private
attorney are filed with the courts through the judicial process. Judgments for retained support cases were
manually sent to the courts prior to
Satisfactions procedures for each of these processes are not the same and contain different steps.
If a judgment is taken by CSS, a private attorneys or other agency cannot satisfy the judgment. In most cases, CSS does not satisfy judgments taken by a private attorney or other agency.
An electronically reported lien is considered “satisfied” only when the total arrears debt balance reaches zero.
If a request is made for a “paper” satisfaction on this type of lien, generate the “Current Balance” letter. This letter state that the lien amount for a specific date is zero. The obligation cannot be considered completely “satisfied” until all of the children have legally emancipated.
A Title company that wishes to unencumber property against a lien that has been electronically reported must pay off the entire lien balance and all judicial judgments before a Current Balance letter can be issued to get clear title to the property.
Satisfy a judicial judgment only after the NCP pays the full amount or pays a negotiated discounted settlement amount. The AGO may satisfy a Non-IV-A judicial judgment even if the money was not paid to CSS, provided the custodial parent (CP):
1. confirms that the judgment balance has been satisfied; and,
2. agrees to waive the interest, if the NCP has not paid the interest directly to the CP. For example, the CP confirms that a private attorney or agent has collected the judgment balance.
All judicial satisfactions are prepared and filed by the Attorney General’s Office (AGO).
If the order was docketed in more than one county, make sure that the AGO has the necessary information to file a separate satisfaction in each county the order was docketed in.
Once the satisfaction has been filed with the appropriate court(s), the AGO will make a case narrative documenting the satisfaction and send a copy of the satisfaction to the assigned agent or agent making AGO referral.
To satisfy an administrative judgment-lien that was manually filed with the court, complete the steps below.
1. Generate an “Order: Satisfaction of Award” using the information on ORSIS. This form can be used to satisfy a:
a. Judgment and Order for child support;
b. Judgment and Order on a Failure to Withhold/Remit case against an employer; and,
c. Judgment -lien.
2. Send the original and one copy to the CSS docket unit. The CSS docket unit will forward the paperwork to the appropriate clerk of court.
Interest Waiver Requirement on Non-IV-A Cases
The Non-IV-A CP must agree to waive the interest on a judicial judgment before it may be satisfied.
To satisfy a judicial judgment:
1. contact the AGO and request a Judicial Satisfaction order which contains the interest waiver language.
2. contact the CP and get his/her signature on the interest waiver portion of the satisfaction. The CP must agree to waive the interest if s/he:
a. signs the waiver – send a referral packet to the AGO to satisfy the judicial judgment.
b. does not sign the waiver – the CP must collect the interest on his/her own and the judgment cannot be satisfied until CSS receives authorization from the CP.
CSS does not satisfy judgments taken by private attorneys or agencies in favor of the CP unless the judgment was a non-IV-A judgment and assigned to the state when the CP received IV-A assistance. If the assigned debt is paid in full while the CP is receiving IV-A assistance, CSS will satisfy the judgment. If the debt was permanently assigned and has not been paid in full when the CP goes off cash assistance, because the judgment may still be assigned, CSS will satisfy the judgment after it is paid in full, unless the unreimbursed assistance (URA) reaches zero first. If the debt was temporarily assigned and has not been paid in full when the CP goes off cash assistance, the judgment is considered conditionally assigned if there is still a URA balance. This means that CSS will apply any intercepted Federal tax refunds to the judgment balance until it is paid in full or the URA reaches zero. If the judgment is paid in full before the URA reaches zero, CSS will satisfy the judgment.
CSS does not satisfy judgments taken by other entities on debts that are totally non-IV-A.