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FIDM Levies that involve Multiple Counties

Q. Will the auto FIDM analyzer issue out one levy for multiple FGNs? For example, if NCP has a case in two different counties, will one auto levy issue for both cases?
A. No. Eligibility for a FIDM analyzer is based on each individual child support case, so each case would have its own unique levy. When there are multiple cases in multiple offices, each office needs to review their case and determine whether leaving or pulling the levy is most appropriate for the case.
Q. Is it appropriate for two county offices to issue a levy against an NCP at the same time?
A. Yes. Because of the rules regarding allocation, this might often be the preferable process. Only cases that have had a FIDM levy issued can share in any collection. If one case does not have a FIDM levy, that case will not be allocated any part of the collection.
Q. If multiple child support cases have a FIDM levy in place, would there be a conflict for the financial institution?
A. No, the financial institution is legally required to honor all levies. The financial institution has a responsibility to freeze the account and remit the funds. Be aware, however, that the financial institution may only put one FGN on its payment(s). The CSS offices need to work with Finance to split (allocate) the funds between all cases that issued a levy.
Q. Where can I find the Legal Authority for allocation and distribution on levies?
A. 340: 25-5-351. Allocation and distribution of collections
Q. Once the NCP has provided proof of funds in the account, and the state’s attorneys agree on the percentage each office will receive, how does the caseworker make sure we get the correct amount?
A. It would be best if one office takes the lead in communicating with the financial institution. That office should prepare and send any partial release that documents the agreement for all child support AND ask the financial institution to remit payment using the AP number as the reference case number. The child support office should also notify Finance that the FIDM collection may be allocated between the open cases with active obligations and arrears balances. In the event that the payment still only logs to one FGN, the District Office should notify Finance to allocate the FIDM collection between all cases that have a FIDM levy.
Q. Once these funds reach UNDL, what would Finance need to do?
A. Use the regular UNDL process to notify Finance of the need to allocate the FIDM payment to multiple cases.
UNDL Edits – Child Support Quest