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Child Support Services ENFORCEMENT

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      1. Credit balance cases;
      2. Criminal Enforcement actions;
      3. IRS Full Collection Services;
      4. Lottery offset (intercept);
      5. Public Assistance debt reduction.
    1. All existing or new criminal orders should contain language to indicate how payments should be routed. Any necessary modifications of an existing order can be accomplished through the District Attorney or the local CSS attorney assisting the District Attorney.
    2. Before taking action to enforce a criminal order through revocation of a suspended sentence, CSS caseworkers must first attempt to effect income withholding when appropriate. Under Chapter 15A, Article 82, the proper enforcement technique to apply against a defendant in violation of a criminal order is to request the local Clerk of Court to initiate the revocation proceedings. Caseworkers should provide the Clerk of Court with a current financial statement. The Clerk certifies the arrearages to the District Attorney (and probation officer, if appropriate.) A defendant is brought into court for defaulting on the required support payment by service of advance notice (at least 24 hours before the scheduled hearing) of the state's intention to seek revocation of the suspended sentence.
    3. Upon receipt of the information mentioned above, the District Attorney initiates the action by using Notice Of Hearing To Revoke Unsupervised Probation (AOC-CR-220). The defendant's arrearages must be alleged in the notice.
    4. The following Issues are to be considered at the hearing:
    5. Activation of a suspended sentence or completion of the period of probation (five years maximum) precludes a defendant from being required to pay arrearages that accrued under the criminal order.
    6. Because nonsupport is a continuing criminal offense, upon completion of the invoked sentence and further nonpayment of support, another warrant can be issued. However, it is suggested that efforts be initiated to obtain a voluntary support agreement or other civil action to enable the use of broader enforcement remedies.
    1. A civil order exists from any state's court.
    2. The arrearages are not less than the amount that is owed under the terms of a court order for three (3)months, and in any case, not less than $750.00.
    3. All other applicable enforcement remedies (including a Full Faith and Credit Action) must have been exhausted.
    4. Application must be made through the CSS Central Office and payment, upon notification by state CSS, of a nonreturnable, one time fee. The Social Security Administration bills state CSS for the fee.

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