ENFORCEMENT OF SUPPORT OBLIGATION
10/98
Revised 06/18/24 Training Completed 07/01/24 Last Reviewed 09/29/25
Introduction
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:
1.
Lien-levies;
2.
Property executions;
3.
Civil contempt;
4.
Supplemental proceedings;
5.
Tax refund intercepts; and,
6.
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.
NOTE: If the noncustodial parent (NCP) on a case is a Native
American, also refer to CS 210P Native American Cases Noncustodial Parents.
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 and IV-E and Non-IV-E 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, IV-E, Non-IV-E)
on all of the cases.
EXAMPLE:
NCP owes $100.00 IV-A debt on case
#1;
NCP owes $50.00 IV-A debt on case
#2;
NCP owes $400.00 Non-IV-A debt on
case #1;
NCP owes $50.00 Non-IV-A debt on
case #3.
Since the IV-A debts total
$150.00, the case will qualify for automated enforcement even though the
Non-IV-A debts do not meet the Non-IV-A criteria (see CS 802P Annual Notice of
Past-due Support, General for additional information).
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” (refer to CS 802P
Annual Notice of Past-due Support, General) 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. Refer to CS 890P
Bankruptcy – Overview, Definitions, Forms, Screen, and Alerts/Events.
5.
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. Also refer to CS 702P
Special Circumstances: Noncustodial Parent Receiving Cash 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.
8.
The NCP’s sole source of income is not Supplemental Security
Income (SSI) or SSI in conjunction with Social Security Retirement (SSR) or
Social Security Disability Insurance (SSDI) benefits.
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 pursuant to the regulations found in CS 800P Federal Regulations. For
example, an NCP owes only $100.00 on a IV-A debt
and/or has a balance due of $300.00 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.