NIVD 001P Non-IV-D Case Request, Case Closure, Emancipation
CS 730 Non-IV-D Cases, provides information regarding the function of Team 59 and the procedures for requesting Non-IV-D income withholding of child support. This policy discusses the procedures to follow when a parent requests that Team 59 open a Non-IV-D case, case closure, and emancipation.
Pursuant to Non-IV-D Income Withholding, Administrative Rule 527-301-1, “The responsibility of the Office of Recovery Services is limited to receiving the income withholding, processing the payment, issuing a payment to the custodial parent, and maintaining a payment record. Modifications to the support order or withholding amounts are the responsibility of the parents.”
1. Form 0970-0154 – Order/Notice to Withhold Income for Child Support
2. CLOS – Team 59 Case Closure Checklist
3. NEC1 – Notice of Emancipated Child
4. NS59 – Notice of Team 59 Services
5. XRWA – Instructions for Reducing Income Withholding when Child Emancipates (sub-form of NEC1 and NS59)
6. XRWB – Procedures for Requesting Non-IV-D Income Withholding (sub-form of NEC1 and NS59)
Request for Non-IV-D Case
Administrative Rule 527-301-2 states, “Either party to the support order may pursue income withholding by filing for an Order/Notice to Withhold in the court,…”
If the custodial parent or non-custodial parent contacts team 59 to request a Non-IV-D case, send the following documents to the parent:
1. a copy of the federal form, “Order/Notice to Withhold Income for Child Support,” (form 0970-0154),
2. “Notice of Team 59 Services” (form NS59),
3. “Procedures for Requesting Non-IV-D Income Withholding” (form XRWB). This is a sub-form of NS59.
4. “Reducing Income Withholding When a Child Emancipates” (form XRWA). This is a sub-form of NS59.
Do not open a Non-IV-D case on ORSIS until the completed “Order/Notice to Withhold Income for Child Support” form and “Universal Income Withholding Information” form are returned to ORS. Neither of these documents are ORS forms and both must be completed by the attorney or parent. The “Universal Income Withholding Information” form includes the information ORS needs regarding each participant in order to open a case on ORSIS. Refer to CS 730 Non-IV-D Cases if the custodial parent or non-custodial parent has an existing CSS case and contacts team 59 to request a Non-IV-D case be opened.
In accordance with Administrative Rule 527-301-5, “If the Notice to Withhold needs to be modified for any reason, the parent must apply for IV-D services or file for an Order/Notice to Withhold in the court that issued the support order.”
Once the ORS agent is aware a child has emancipated, send the “Notice of Emancipated Child” letter (form NEC1) to the custodial parent and send a copy to the non-custodial parent. The NEC1 letter informs the custodial and non-custodial parent of their responsibility to modify or terminate the income withholding. The “Procedures for Requesting Non-IV-D Income Withholding” (form XRWB), and the “Instructions for Reducing Income Withholding When a Child Emancipates” (form XRWA) are both sub-forms of the NEC1. Send a blank “Order/Notice to Withhold Income for Child Support” form with the NEC1 and sub-forms.
Use the following guidelines for case closure. When closing a case for any of the reasons (1) through (3) below, use the RNP closure code. Complete the “Team 59 Case Closure Checklist” (form CLOS) and place in the file prior to closing the case.
1. Payments are not received within 90 days.
2. A Termination Notice to Withhold Income is received. Pursuant to Administrative Rule 527-301-7, “At any time after the date income withholding begins, a party to the child support order may request a judicial hearing to determine whether income withholding should be terminated.”
3. An IVDS case is opened.
4. Do not reinstate a case unless an updated “Order/Notice to Withhold Income for Child Support” form is received.
5. If the non-custodial parent has terminated from employment and voluntary payments are being received, leave the case open.
NOTE: In accordance with Administrative Rule 527-301-6, “The office shall hold income withholding payments for 60 calendar days after the office determines that the custodial parent's address is unknown. During this 60-day period, the office shall make one attempt to locate the custodial parent, using resources available to the office. If the custodial parent's address is still unknown at the end of 60 calendar days, the office shall refund the support to the non-custodial parent. The support shall not accrue interest during the time it is being held to locate the custodial parent.”