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Child Support Services ENFORCEMENT

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INCOME WITHHOLDING

    1. General income withholding policy;
    2. Immediate income withholding (INCO cases);
    3. Administrative income withholding;
    4. Good Cause/Alternative Arrangement (INGC/INAA cases);
    5. Income withholding based on arrearages (INCO, REGP, INGC, and INAA cases);
    6. Income withhholding for military personnel;
    7. Income withholding for New Hires;
    8. Income withholding of Non-IV-D obligations;
    9. Income withholding when requested by the obligor/obligee;
    10. Manually initiating income withholding when the I/W notices are not automatically generated;
    11. Notice of intent to withhold income;
    12. Notice of obligation to withhold income;
    13. Income Withholding For Support (DSS-4702) document;
    14. Payment of withheld funds;
    15. Proration of income withholding payments;
    16. Communication with the employer;
    17. Employer compliance;
    18. Changing the amount of income withholding;
    19. Transfer of income withholding;
    20. Income withholding when CSS services are terminated;
    21. Termination of income withholding;
    1. Work First/Temporary Assistance to Needy Families (WFFA/TANF);
    2. Supplemental Security Income;
    3. Federal Black Lung Benefits;
    4. Federal Death Benefits;
    5. Payments under the Federal Torts Claims Act;
    6. Federal grants and fellowships;
    7. Veteran's Educational Assistance Payments;
    8. Refunds from erroneous payment or overpayment of Federal income tax;
    9. Travel, transportation, uniform, relocation, and other allowances for civilian employees on military posts; and
    10. ROTC subsistence allowance.
    1. Twenty-five percent (25%) of Unemployment Insurance Benefits (UIB), regardless of the number of support orders;
    2. Forty percent (40%) of disposable income when withholding for ONE support order;
    3. Forty-five percent (45%) of disposable income when withholding for MULTIPLE support orders and the NCP is providing direct support for a spouse or other dependent children;
    4. Fifty percent (50%) of disposable income when withholding for MULTIPLE support orders and the NCP is not providing direct support for a spouse or other dependent children.
    5. If alimony or postseparation support payable to the custodial parent is being enforced with the child support order, the limitations that are set by the Federal Consumer Credit Protection Act apply.
    1. Fifty percent (50%) of disposable income if the NCP is supporting a current spouse or child;
    2. Fifty-five percent (55%) of disposable income if the NCP is supporting a current spouse or child AND the NCP is twelve (12) weeks or more in arrears;
    3. Sixty percent (60%) of disposable income if the NCP is NOT supporting a current spouse or child;
    4. Sixty-five percent (65%) of disposable income if the NCP is NOT supporting a current spouse or child AND the NCP is twelve (12) weeks or more in arrears.
    1. When there is a frequency amount due ordered for an arrearage, this amount should be withheld in addition to the current support obligation.
    2. When the NCP has been served with a Notice Of Intent To Increase IW To 40% (DSS-4481) and does not contest it within ten (10) days, the maximum allowable percentage can be withheld until the arrearages are paid.
    1. "Good cause" exists for not implementing immediate income withholding; or
    2. Some other alternative arrangement has been ordered.
    1. Securing a deed of trust;
    2. Transfer of real property;
    3. The NCP has an excellent support payment history at the time of a modification to the order;
    4. The NCP filed a Chapter 13 bankruptcy claim prior to October 17, 2005, and that bankruptcy petition is still active and the stay against collecting child support has not been lifted.
    1. The location of the NCP can be determined;
    2. The NCP has a verifiable source of disposable income;
    3. The NCP is delinquent in payment. ("Delinquency" is defined as being behind in payment by an amount equal to one month's current support.)
    1. Verify whether or not the NCP has left a previous employer. If appropriate, record the date when employment ended on the applicable employment record in ACTS. (If this information can be verified before the end of the two-day time frame, caseworkers are encouraged to do so before mailing the notice. However, under no circumstances should workers delay mailing for longer than the time frame due to lack of verification.)
    2. If the NCP is working two jobs, review the Employer Verification Letter (DSS-4685) from the new employer to determine the next appropriate action. (For example, if the NCP's income is not sufficient to satisfy the child support obligation, income withholding can be established at both jobs.)
    3. Change or terminate the withholding, if necessary, to avoid exceeding the percentage allowed by law to be withheld from the NCP's income.
    4. Refund promptly any overpayment made by the NCP due to overwithholding, unless the NCP consents to letting these funds be applied toward current support and arrearages until the withholding can be adjusted.
    1. Caseworkers create/update an employment record in ACTS and the NCP has a court order in ACTS that is subject to income withholding.
    2. ACTS creates an employment record that results from data from the New Hire database, and the NCP has a court order in ACTS that is subject to income withholding.
    3. Caseworkers initiate income withholding when entering or modifying a court order in ACTS.
    4. Caseworkers create an I/W Worksheet.
    5. Caseworkers print (or reprint) a copy of the DSS-4702 document for an active I/W Worksheet.
    6. Caseworkers print (or reprint) a DSS-4702 document through the Document Generation menu in ACTS.
      1. The NCP's disposable income multiplied by the maximum allowable percentage minus the $2.00 processing fee; or
      2. The sum of the frequency amounts due on all the subaccounts that are associated with the court order.
      1. Check boxes below the title that indicate whether the document is an ORIGINAL, AMENDED, ONE-TIME (LUMP SUM), Or TERMINATE DSS-4702 document.
      2. The date when the document was generated.
      3. Check boxes that indicate whether a CSS agency, the court, an attorney, or a private individual/entity is completing this form.
      4. A note that states that the I/W notice must be regular on its face (not altered), or under certain circumstances, employers must reject it and return it to the sender and that provides a web site with employer instructions regarding the notice.
      5. The name of the state/tribe/territory, the remittance identifier (the CSS case number), the city/county/district/tribe, the order identifier (the docket number), the name of the private individual/entity, and/or the CSE agency case identifier (the CSS case number).
      6. The employer/other withholder's name, address, and Federal EIN number.
      7. The employee/obligor's name (last, first, MI) and Social Security number, and the custodial party’s/obligee's name (last, first, MI).
      8. The names (last, first, MI) and dates of birth for up to six (6) children.
      9. An "ORDER INFORMATION" section that names the state where this support/withholding order originated; and informs employers that they are required by law to withhold the specified amount(s) from the employee/obligor's wages until otherwise notified. This section also includes:
      1. An "AMOUNTS TO WITHHOLD" section that informs employers of:
      1. A "REMITTANCE INFORMATION" section that contains the following information:
      1. An "ADDITIONAL INFORMATION FOR EMPLOYERS AND OTHER INCOME WITHHOLDERS" section that contains the following information:
      1. A "NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS" section stating that employers must promptly notify the CSS agency or the person listed in the "Contact Information" section if:
      1. A "CONTACT INFORMATION" section which provides to the employer:
      1. A "TO EMPLOYEE/OBLIGOR" section which provides the employee a contact person's name, phone number, fax number, and e-mail or website address in the event that the employee has any questions.
    1. Verifying the date range when the NCP will not receive wages from the employer.
    2. Setting a date range in ACTS when compliance monitoring will be suspended. (ACTS does not monitor employer compliance during the specified date range.)
    3. Contacting the employer/other payor (1) week before the end of the suspension period to confirm that I/W payments are resuming as indicated in the date range.
    1. Adjudicated arrearages have been paid off when a frequency amount due for the arrearages was included in the withholding;
    2. An order under income withholding is modified;
    3. An order under income withholding expires;
    4. Caseworkers implement an administrative increase.
    1. An ongoing child support obligation no longer exists, and all arrearages have been paid;
    2. The local CSS agency, the NCP, and the district court judge agree to termination because other adequate means exist to collect the child support and/or arrearages;
    3. The location of the child and the custodial parent are unknown, and WFFA/TANF arrearages do not exist for the case.
    1. The court order has expired, and no arrearages exist for the case.
    2. The case has an ordered frequency amount due for arrearages, the adjudicated arrearage balance equals $0.00, and no current support is owed for the case.
    1. Entering a court order modification to close the current support subaccount.
    2. Creating a new I/W Worksheet to reflect the fact that no arrearage balances exist and the NCP owes no current support for the case. ACTS generates the TERMINATE Income Withholding For Support (DSS-4702) document and notifies the responsible caseworker. If the NCP only has unearned income, caseworkers must destroy this notice and manually generate a Notice Of Change/Termination Other Than Wages (DSS-4631). Caseworkers must send the original DSS-4702 to the employer/payor, to that employer’s/payor’s registered agent, or to the other source of income through regular mail; file a copy of the DSS-4702 document with the clerk of court; and send a copy of the DSS-4702 document to the NCP through regular mail.

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