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Enforcement and Passing Audit

Enforcement – Per CFR Title 45 § 303.6 – 75% Compliance level 

The State must identify non-custodial parents who have failed to comply with a support obligation.  The State must take appropriate enforcement action within the following time frames of identifying a delinquency or other support related non-compliance with the order, or the location of the non-custodial parent, whichever occurs later:

  • 30 calendar days if service of process is not necessary,
  • 60 calendar days if service of process is necessary; complete service of process (or document unsuccessful attempts to serve process in accordance with the State’s guidelines defining diligent effort).

Enforcement refers to an appropriate action taken to compel a delinquent parent to comply with an order.  Mandatory enforcement actions are:

  • Income Assignment
  • Federal Tax Offset
  • State Tax Offset
  • Passport Denial

Enforcement Actions

NCP located within 60 days of the end of the audit period.
The State must serve the non-custodial parent or document diligent effort to serve within 60 days of locating the person. Therefore, if the person is located within 60 days of the end of the audit period it is considered an action case.
All appropriate locate action.
The State was not able to locate the non-custodial parent or putative father, but accessed all locate resources. This could be limited to quarterly OESC checks.
Enforced through Income Assignment.
The State identified an employer and sent an income assignment to the employer during the audit period.
Enforced through contempt citation.
The State could not identify an employer, so the State served the NCP with a contempt citation. A hearing was held and there was a finding of fact, during the audit period.
Enforced through Payments
The State received payments. These payments could be through the employer, voluntary payments or payments from another source.
Enforced through FIDM action
The State received a collection as a result of a FIDM action.
Referred the case to the NCP’s residential State (UIFSA).
The State located the NCP in another State and sent a UIFSA packet to the other State.
Provided the Responding State with requested or new info.
The State provided the Responding State with requested information (e.g. a record of payments) or the State provided the Responding State with new information (e.g. new locate).
Received a collection as a result of a lien.
The State received a collection as a result of a lien. This could be money from a worker’s compensation lien or money from a lien on real property.
A bench warrant was issued.
The State could not identify an employer. The State served the NCP with a contempt citation.  A hearing was held, NCP failed to appear and a bench warrant for the NCP’s arrest was issued.
License revocation.
The State has served the NCP, a hearing has been held and a determination has been made. The NCP is either placed on probation and is abiding by the terms of probation; or the NCP’s licenses have been revoked.
Served NCP within 60 days of locate or identifying delinquency.
The State served the NCP within 60 days of locate or identifying a delinquency. The State has not yet conducted a hearing.
Redirection that resulted in collections.
The State has obtained and served the NCP with an order redirecting payments through the State’s central receipts unit. This action has resulted in payments and no further action is required.
Tax intercept.
The State has exhausted all enforcement techniques allowed under the law and the only technique available is tax intercept. The tax referral results in a collection.
Complying with a Journal Entry after a finding of contempt of court.
The NCP has been found in contempt of court. The court enters a Journal Entry (J.E.) setting current support and reducing judgment to payments. The NCP is making payments in accordance with the Journal Entry.
Referred to IV-A for non-cooperation.
Referred the CP for non-cooperation to IV-A and the CP’s cooperation is essential for the State to take the next step in enforcing a support order.
Enforced by felony.
The State has filed a felony for failing to provide for a minor child.
Documented diligent efforts to process serve.
The State was unable to serve the NCP, but documented three attempts of service at three different times of the day and different days of the week.
Collection from a worker’s compensation settlement.
The State filed a lien in Worker’s Compensation Court. A payment was received as a result of the lien.
Collection as a result of a NOD or annual notice.
The State served the NCP with a notice of delinquency (NOD) or with an annual notice of enforcement. A payment was received as a result of this action.
Referred to the U.S. Attorney.
The State referred the NCP to the U.S. Attorney’s office for prosecution.
All appropriate actions to enforce.
The case does not fall into one of the categories above, but the State had taken all the proper steps to enforce an order.

Enforcement No Action

No locate activity.
The State did not access any locate sources.
Not all appropriate locate activity.
The State accessed some locate sources, but not all of the locate sources available to the State. The State did not access the locate sources with the frequency required by Federal Regulation.
Served outside time frames.
The State was able to serve the NCP, but it was not within 60 days of locate and a hearing was not held during the audit period.
No activity after locate.
The State located the NCP but did not take any steps to enforce an order.
Did not document diligent effort to process serve.
The State sent the pleadings certified mail, which came back unclaimed. The pleadings were not sent out for personal service, or the pleadings were sent out for personal service but the investigator did not document diligent effort to serve.
Not referred for tax offset.
The case meets the criteria for either Federal tax and/or State tax offset, but the case was not referred for offset.
Did not refer to NCP’s residential State.
The State located the NCP in another State and the State did not send a UIFSA packet to the other State.
Did not send important or new information to the other State.
The State failed to provide requested or new information to the other State.
Did not send an I/A to a known employer.
The State identified or should have identified an employer for the NCP, but failed to send a notice of income assignment to the employer.
Did not send the license revocation order to DPS.
The NCP was placed on probation. The NCP has failed to abide by the terms of probation and the office failed to send the order revoking the NCP’s driver’s license to the Department of Public Safety.
Did not refer to IV-A for non-cooperation.
The CP is not cooperating with the State and the CP’s cooperation is essential to take the next step in enforcing an order and the State did not inform IV-A of the non-cooperation.
Did not take all the appropriate actions to enforce.
The case does not fall into one of the categories above, but the State had not taken all the proper steps to enforce an order.