FIDM Levy Analyzer Criteria

Legal Authority:

• 56 O.S. § 240.22A
• OAC 340:25-5-67
• OAC 340:25-5-212

Automated Notice of Levy to Financial Institution

Upon matching a delinquent obligor with an account in a financial institution, the case is reviewed by the Auto FIDM levy analyzer reviews the case for eligibility before any levy documents are generated.  CSS automatically issues a Notice of Levy for each matched account when all of the following criteria are met.

FIDM Levy Analyzer Criteria:

1. The case has been excluded from the Auto FIDM process. The analyzer program reviews to see if the FGN has been excluded on the CSEAS screen.
2. The NCP must not have an active bank levy for the FGN/financial institution.  No levies have been sent to the financial institution showing on the match report within the past 60 days.  When a bank levy is sent out, the LENA/LENI screen is updated.  For auto levies, the system automatically updates the screen.  The staff in the district offices will update the screens when manual levies have been sent out.
3. The case is an open enforcement case with a current existing obligation.  The analyzer verifies the current case status and that the obligation is active.  Cases in 02, 06, 08, and 10 status (other than reason codes 22, 28 and 29) are reviewed for levy action.
4. Case is open for medical enforcement only.  If any CP on the case has requested the case be open for medical enforcement only (MEO), then the match is included on the manual levy report.
5. Case has been in active status for six (6) months and at least one obligation has been active and enforceable for six (6) months.  The analyzer verifies to see if either of these conditions has been met.  If not, the match goes to the manual levy report.
6. The NCP’s SSN and name are matched.  The analyzer verifies that the name and SSN on the FIDM report match the NCP name and SSN on the system.  If the name and the SSN do not match the FIDM report, the match is excluded from the auto levy process.
7. The FIDM shows the match to be a trust account.  If the FIDM match shows the account is an UTMA (Uniform Transfers to Minors Act), UGMA (Uniform Gifts to Minors Act), IOLTA (Interest on Lawyers Trust Accounts), mortgage escrow, security deposit or other type of trust account, the match is included on the manual levy report.
8. The analyzer verifies the financial institution account balance is greater than or equal to $0.00.  Any match reports showing negative account balances are included on the manual levy report.
9. The case has total arrears >$0.00.  Arrears = past due on current support + past due on judgment payments + not-yet-due on judgments.
10. The NCP is 90 days in arrears.  The analyzer verifies if the NCP is 90 days past due in current support and/or judgment payments.
11. The analyzer verifies the account on the report is either for checking, savings, term deposit certificate, money market, IRA/Keogh, compound or cash balances.  Accounts reported as ‘not applicable’ and/or ‘other’ will be processed through the FIDM Analyzer.  Only accounts marked as ‘collateral’ and ‘Employee Retirement Income Security Act’ (ERISA) accounts will go to the manual FIDM report.  ERISA accounts will need to be reviewed so that the specialist can prepare a Qualified Domestic Relations Order (QDRO).
12. If the NCP has declared bankruptcy, no levy can be sent out.  However, this information is reported to the district office so they can keep current on the NCP’s bankruptcy status.  (Bankruptcy information is updated by the Child Support Specialist using the ASUP screen.)
13. If there is an outgoing (active) interstate referral showing on the REFU screen, the match is included on the manual report. The outgoing interstate specialists can prepare the proper Uniform Interstate Family Support Act (UIFSA) transmittal if the account is in the responding state.
14. The analyzer will review whether the NCP is a good paying customer.  A good paying customer is an NCP that has made voluntary payments* of at least 75% of the payments due over the last three (3) full calendar months prior to the date of the levy.  The time period for review will include payments made up to 5 calendar days previous to the three months, plus payments made in the current month that the auto levy is to be generated.  For example if the FIDM Analyzer runs on August 20, any voluntary payments made from May 27 through August 19 will be counted.  All account types will be passed through this portion of the analyzer and are eligible for ‘good paying customer’ status review.
15. The analyzer will review the reported account status and process the match accordingly.  Matches with ‘closed’ accounts will not be processed through the FIDM Analyzer program.  Matches with ‘open’ and ‘status not reported’ accounts will be processed.  Matches reported as ‘inactive’ accounts will go to the manual FIDM list for further review.
16. The analyzer verifies the state in which the account is located.  Accounts located in Oklahoma, Delaware, Illinois, Massachusetts, Michigan, New Jersey, New Mexico, New York, North Carolina, South Carolina and Texas are accepted by the analyzer.  When a match indicates a financial institution is in a state other than those listed, that report goes to the manual list for processing.
17. The analyzer reviews whether the matched financial institution will accept a levy directly from CSS. The Auto FIDM Analyzer allows auto FIDM levies to go to financial institutions (FIs) regardless of the state in which the account funds are located. Currently, Auto FIDM only looks at the states where the funds are located. This can result in missing potential collections from FIs that will accept our levies. If the Federal Employer Identification Number (FEIN) belongs to an FI willing to accept a direct levy from Oklahoma, and all other levy criteria are met, an auto levy will generate. Examples of FIs where this enhancement benefits us are:
    • Bank of America and JP Morgan Chase – If the state holding the levy account is not a direct levy state, a manual FIDM levy has to be generated to attach the funds. The enhancement automatically includes all accounts from these FIs to be processed for auto levy.
    • Landmark Bank and UMB Bank – These are examples of FIs that do business in Oklahoma, but they report the accounts to be in Missouri.  These accounts are included in auto levy generation.
    • Fifth Third Bancorp, E*Trade Financial and A. G. Edwards –  These FIs are examples of institutions that are not tied to Oklahoma or do not have accounts in direct levy states, but will accept our levies.  The programming change will allow us to include these FIs for review and if the matches qualify, auto levies can be generated.

*Voluntary payments include funds received from personal checks, money orders, income assignments and unemployment. Voluntary payments do not include tax offsets, FIDM and lump sum workers comp settlements.