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Child Support Services ENFORCEMENT

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BONDS

    1. Enforcement policy related to bonds;
    2. The bonds process.
    1. The NCP is self-employed or receives income from commissions or other irregular income sources such as stocks, bonds, or negotiable instruments, for which income withholding might not be effective;
    2. The NCP makes sporadic payments;
    3. The NCP has a history of successfully evading service of process or changing addresses frequently;
    4. The NCP works outside the United States and the employer does not do business in the United States; or
    5. The NCP is mobile due to his employment (for example, a long distance truck driver.)
    1. Determine that the NCP has resources that are suitable for use as a bond, such as property (or possessions) of particular importance to him/her or funds available from a bank account, an inheritance, a law suit settlement, or a lottery prize.
    2. Prepare and file a motion with the court requesting that a bond be required to cover current support and/or arrearages.
    3. Provide notice to the NCP by serving a copy of the motion, allowing him/her the opportunity to contest the action.
    4. At the hearing, provide the court with evidence that the NCP has a history of noncompliance, bad credit, or is otherwise unlikely to abide by the support order and with evidence that resources are available for a bond.
    5. Ensure that the resulting order clarifies the following: that any funds that might be produced are properly directed to the Clerk of Court for posting to the CSS case(s); the bond start date, end date, and amount; and that any funds remaining when the bond end date is reached are to be released by the Clerk of Court to the poster of the bond.
    6. Once the bond is ordered, create a bond record in ACTS.
    7. Monitor the case for the need to apply bond funds to the support obligation. If a bond record exists and the case meets Delinquency testing criteria, ACTS notifies the responsible caseworker.
    8. Request that the Clerk of Court apply performance bond funds to the support obligation if payment is not made.
    9. Update the bond record to reflect payments made from the bond.
    10. When the bond end date is reached, advise the Clerk of Court to release any remaining funds to the poster of the bond as directed in the bond order. Then, delete the bond record.

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