Child Support Services ADMINISTRATIVE APPEALS

DISTRIBUTION APPEALS

PROCESSING DISTRIBUTION APPEALS

The client and noncustodial parent (NCP) are informed at various stages during the processing of the case of their right to appeal the distribution of funds, including when IV-A provides the client with program information and when the NCP receives payment instructions and bills. No time limit exists for filing a distribution appeal.

Because the petitioner is appealing past distribution of funds, the filing of a distribution appeal has no immediate effect on distribution.

When NCPs or clients want to appeal how collections were distributed for a case, the following procedures are used:

1. The CSS caseworker documents in ACTS that a distribution appeal hearing has been requested`.

2. CSS generates a and provides the Petition To Contest Distribution (DSS-4722) document to the appealing party, known as the “petitioner”, to complete, but CSS CANNOT assist the petitioner with completing or mailing the document to OAH. (Instructions for completing and submitting this document are in the Petition.) The petitioner submits the DSS-4722 directly to the Office of Administrative Hearings (OAH) and sends a copy to the Secretary of the Department of Health and Human Services (DHHS).

OAH conducts the hearing and notifies the petitioner and the Assistant Attorney General of the results of the appeal. The Assistant Attorney General notifies the CSS Central Office of the results of the appeal. If the decision is in favor of the State, no action is required. If the decision is in favor of the petitioner, the CSS Central Office makes adjustments to the case based on the decision.

If the final decision is in favor of the state, no notification to any other participant is necessary. If the final decision is in favor of the petitioner, the CSS Central Office examines every case on which the petitioner is the active custodian or NCP who is ordered to pay support. If any adjustment made in reaction to a distribution appeal has an impact on another party to the case, the CSS Central Office works with the local CSS office to notify the other party of the effect of the adjustment.

Once a final decision is obtained, the petitioner and the state have thirty (30) days to file an appeal of the administrative decision with the DSS Hearings and Appeals office.