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 performed the minimum required quarterly locate search of state workforce files, which include data maintained by the OESC. Accessing OESC files rquires the case be in Priority 5.

Enforced through Income Assignment.

The State identified an employer and sent an income assignment to the employer 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.

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.

Enforced through FIDM action

The State received a collection because 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 employer).

Received a collection as a result of a lien.

The State received a collection because of a lien. This could be money from a worker’s compensation lien or money from a lien on real property.

License revocation.

The State has served the NCP, a hearing was 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.

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.

Enforcing through contempt citation

The State was unable to identify the non-custodial parent’s (NCP’s) employer and one of the following actions took place:

• • The case was reviewed for possible civil contempt enforcement.
  • The NCP’s ability to pay was determined.
  • A contempt citation was served to the NCP.
  • A hearing was held, and findings of fact were made during the audit period.
  • The NCP is currently making payments in accordance with the court order.

A bench warrant was issued.

The State served the NCP with a contempt citation. NCP failed to appear, and a bench warrant was issued.

Referred CP’s non-cooperation to IV-A

The State referred the CP for non-cooperation to IV-A. The CP’s cooperation is essential to take the next step in enforcing an order.

Tax intercept.

The State has exhausted all enforcement actions allowed under the law and the only remedy available is tax intercept. The tax referral results in a collection.

Service of Process

The State was unable to serve the NCP and documented attempts per CSS policy and practices.

Collections: A payment was received as a result from one of the following actions:

• Notice of Delinquency (NOD)
• Annual Notice/Subsequent (AN)
• Notice of Payment Increase (NOPI)
• Setting or adjusting judgment payment plan
• Fresh Letter/payment demand letter/other

Enforced by felony.

The State has filed a felony for failing to provide for a minor child.

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

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.

No locate activity.

The State did not access any locate sources.

Not all appropriate locate activity.

• The State conducted some locate activities by accessing certain sources; however, it failed to utilize all available locate sources as required. Specifically:
• The State did not perform the minimum required quarterly locate search of state workforce files, which include data maintained by the OESC.
• Accessing OESC files requires the case to be in Priority 5, which was not properly set or updated.

No activity after locate.

The State located the NCP but did not take any steps to enforce an order (See CFR 303.3 definition of locate). AOR on file

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.

Did not document Service of Process

The State did not document service attempts using CSS policy and practices on process service.

Did not refer 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 (UIFSA).

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 (e.g. locate, employer, request status of enforcement).

Did not send the license revocation order.

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 license to appropriate licensing agency.

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 has not taken all the proper steps to enforce an order.