Child Support Enforcement ENFORCEMENT

ENFORCEMENT OVERVIEW

GENERAL INFORMATION

This topic contains information on the following subjects:

1. An overview of Enforcement policy;
2. How ACTS supports the Enforcement process.

ENFORCEMENT POLICY OVERVIEW

Proper enforcement of both criminal and civil court orders is absolutely mandatory. The appropriate enforcement action must be taken within thirty (30) calendar days of identifying noncompliance or locating the noncustodial parent (NCP), unless service of process is necessary before such action can proceed. If service of process is necessary, CSE must take the appropriate enforcement action within sixty (60) calendar days of identifying the failure to comply with the court order or CSE must document unsuccessful attempts at service. Whenever enforcement attempts are unsuccessful, CSE caseworkers must examine the reason(s) for the failure, determine when further action would be appropriate, and take such action at the proper time.

If the NCP is cited to appear in court, the CSE agency must attempt to update information on the defaulting parent's income and resources in order to be prepared to testify to such in court.

When citing a NCP to appear in court, CSE reviews the order to determine if the payment frequency and due date need to be modified. If the payments in the order are not due monthly and payable on the first day of each month, local agencies are to request this modification to the order.



HOW ACTS SUPPORTS THE ENFORCEMENT PROCESS

ACTS supports the enforcement process in the following ways:

1. ACTS identifies any CSE cases in which the total amount of arrearages that are owed on the case is equal to at least one month's current support, based on the balances on the court order screen. ACTS then places these cases in the Delinquency processing status. Most of the time ACTS suggests the most appropriate enforcement action.
2. When a case first enters Delinquency status, ACTS notifies the caseworker who is responsible for enforcement on the case.
3. If an NCP’s mailing address is recorded in ACTS, he/she receives a bill and payment coupons each month. As long as any of his/her cases are in Delinquency status, the monthly bill contains a prominent Delinquency Notice. However, if the NCP is under an active income withholding order with a current employer, ACTS does not produce a monthly bill. Enforcement actions in this situation are directed at the employer.
4. If the order on which the NCP has become delinquent does not include an immediate income withholding provision because it was established before October 1, 1989, ACTS automatically generates the Notice of Intent to Income Withhold for Payment of Child Support (DSS-4485). If Good Cause has been found or an alternative arrangement has been ordered and the NCP becomes delinquent, ACTS places the CSE case on a weekly report. The responsible caseworker must then assess the case and initiate income withholding, if appropriate.
5. ACTS continually searches locate sources for information about employers, income, assets, and addresses. ACTS performs these searches on all cases, whether they are in delinquency status or not.
6. If the order is subject to immediate income withholding but no employer is known, ACTS automatically generates the Notice of Obligation To Withhold after a verified employer is recorded in the system. ACTS automatically initiates Unemployment Insurance Benefit (UIB) withholding when the interface with DES indicates that a delinquent NCP is receiving benefits.
7. ACTS provides caseworkers with specific places to record data about an NCP’s assets (real and personal property, liens, and lien releases), which can be used to collect arrearages. When assets are identified, caseworkers can use ACTS to pursue "sum certain" judgments, liens, and attachments.
8. When a Show Cause court action is appropriate, ACTS automatically places the case on a list for the responsible caseworker. ACTS tracks the amount of arrearages that have accrued since the last court appearance and alerts the caseworker that another Show Cause is warranted by placing the case on the Show Cause list. Caseworkers can also use ACTS to generate documents for CSE cases that warrant a Show Cause hearing.
9. ACTS provides caseworkers with a means to record data about compliance bonds and to track funds that are available in bonds. Collections can then be deducted when a delinquency occurs.
10. ACTS automatically reports support obligation and payment performance information to consumer credit reporting agencies.
11. ACTS automatically generates and updates tax intercept certifications. The system automatically generates tapes for Federal tax intercept and tapes and forms for state tax intercept.
12. ACTS submits cases that meet certain criteria to a contracted vendor for the collection of arrearages that are owed to the State.
13. Through an interface with the Industrial Commission, ACTS automatically identifies NCPs who have pending and approved Workers' Compensation claims. The system records the amount of insurance and settlements paid, and it allows caseworkers to generate documents that can be used to intercept benefits.
14. ACTS obtains information through an interface on prisoners who have Work Release income. It allows caseworkers to generate documents that can be used to withhold Work Release funds.
15. ACTS allows caseworkers to generate documents that are required to initiate criminal enforcement actions.
16. ACTS allows caseworkers to generate notices and documents for certified mail and personal service.