- Check the balances. Do an arrearage computation. We do not want to erroneously levy a TSP account since that would cause serious problems for the NCP and CSS.
- Is the NCP on TANF? Go to BNS(sp)(NCPs SSN) to see if the NCP is receiving TANF. If NCP on TANF, move case to status 10, pull FIDM, and file a modification to lower or zero out child support. TANF is not permanent so staff this with your attorney.
- Is the NCP on SSI? If so, we cannot levy. Check to see if the NCP receives other forms of payment before levying. Go to FCRL; then select SSA. Look for payments coded as SDX as this is SSI. If only receiving SSI as income, pull levy, place case in status 10, and file a modification to lower support to zero. Update CSEAS to suppress future levies until the zero modification order is complete. Supervisors have access to CSEAS.
- Is the NCP on disability (SSDI)? We can levy disability. However, check to see how much the benefit is paying in the FCRL screen. Go to FCRL, select SSA, and look for payments coded as BEN. Review the income amounts in all FCRL screens. File a modification if the support is higher than 20% of the NCPs income.
- If the NCPs name does not match but the SSN matches, it is possible that the SSN is actually the FEIN for a business account. In these scenarios, the bank will not release information to CSS. You can, however, send the FIDM documents with a cover letter stating to only release funds if they belong to the NCP along with his/her DOB and SSN.
- Check payment frequency in CFRRX. Some offices will not do auto-levies if the NCP is making an effort to pay even if it is a small amount. For auto-FIDMs, the system analyzer automatically checks the programmed criteria. Learn more at Quest: FIDM Levy Analyzer Criteria.
- Check FCR screen to ensure the SSN has been accepted. If you find an error, check the Child Support Portal if the case does not show that the SSN was accepted on the FCR screen. If it is not listed in SSN query, then email *OCSS.OSIS.Q-A to register the case.
- Did the NCP file for bankruptcy? If the ASUP screen was properly updated, auto-levies will not issue. If the screen was not updated, then it will not. It is always best to check case log for this information and update ASUP if necessary. Check bankruptcy at PACER: Public Access to Court Electronic Records.
- Chapter 7 – everything is fair game
- Chapter 13 – We cannot go after property of the bankruptcy estate. NCPs future assets become property of the bankruptcy estate so we must be cautious on what enforcement remedies we use.
- Check for other cases. See CLAP and CSFIN. A multiple action might be more appropriate, such as filing a modification or annual notice on all cases to lower payments to increase the likelihood of the NCP paying.
- Check CFFBI to see balances. If the arrears are more than 90 days past due, then file an Annual Notice, Motion to Determine Arrears, NOIR, or Modification as needed.
- Check the state where the bank is located. Learn more about different state procedures at NCSEA: CS Resources by State.
- Check the name and procedure of the financial institution in the Excel Spreadsheet.
- You can proceed with the levy if the bank or state is not on the list. Be sure to follow up on day 21 and 61 for payment or response from the bank. If no payment/response, contact the STO for assistance.
Update LENL with the date lien released if the levy was pulled. Update LENL if it was a manual levy.
Legal Authority:
- OAC 340:25-5-212 Financial institution data match reporting system
- 56 O.S. § 240.22. Development and Implementation of Financial Institution Data Match Reporting System
- 56 O.S. § 240.22A. Definitions
- 56 O.S. § 240.22B. Departmental Request for Information
- 56 O.S. § 240.22C. Disclosure of Information
- 56 O.S. § 240.22D. Failure to Comply with Data Reporting Requirements
- 56 O.S. § 240.22E. Disclosure to Depositor or Account Holder
- 56 O.S. § 240.22F. Financial Institutions Electronic Data Matches
- 56 O.S. § 240.22G. Levy for Each Match Account
- 42 U.S.C. § 666 (17)(A) FINANCIAL INSTITUTION DATA MATCHES — IN GENERAL.
- 42 U.S.C. § 669A Nonliability for financial institutions providing financial records to State child support enforcement agencies in child support cases