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Department of Child Support Services. Enforcement. Child Support Program Orientation. To provide an overview of Child Support enforcement actions and State regulatory concepts. Goal. Child Support Program Orientation. Court Order Identifying Information on the NCP. Enforcement Criteria.

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Presentation Transcript
slide1

Department of Child Support Services

Enforcement

Child Support Program Orientation

slide2
To provide an overview of Child Support enforcement actions and State regulatory concepts

Goal

Child Support Program Orientation

slide3
Court Order

Identifying Information on the NCP

Enforcement Criteria

Child Support Program Orientation

slide4
Certain types of assets and income are exempt from enforcement

Earnings and Employers

Child Support Program Orientation

slide5
Immediate

Nondiscretionary

Special

Extraordinary

Other Actions

Types of Enforcement Actions

Child Support Program Orientation

slide6

Enforcement Actions

Immediate

Child Support Program Orientation

slide7
Income Withholding Orders

Form entitled “Order/Notice to Withhold Income for Child Support”

Mandatory under California Law

Must be served within 15 days

Immediate Enforcement Actions

Child Support Program Orientation

slide8
Medical Support Enforcement

Medical Support Order requires the NCP to provide health insurance coverage

“National Medical Support Notice”

Coverage directly from Employer

Immediate Enforcement Actions

Child Support Program Orientation

slide9
Real Property Liens

- Record with County Recorder’s Office

Certified copy of judgment/order

Abstract of Judgment

Federal Notice of Lien

Notice of Support Judgment

Immediate Enforcement Actions

Child Support Program Orientation

slide10
Credit Reporting

Report account status and payment history to DCSS

DCSS submits to Credit Reporting Agencies

LCSA shows as a Creditor

Immediate Enforcement Actions

Child Support Program Orientation

slide11

Enforcement Actions

Nondiscretionary

Child Support Program Orientation

slide12
Federal Income Tax Refund Intercepts and Other Administrative Payments

Intercept of Federal Income Tax Refund for Past Due Support

Intercept of Administrative Payments

Retirement

Vendor

Federal salary payments

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide13
Passport Denials

Past due support greater than $5000 ($2500 effective October 1, 2006)

Prevents application or renewal

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide14
Franchise Tax Board Intercepts

State Income Tax Refund Intercepts

State Lottery Winnings Intercept

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide15
California Insurance Intercept Project

Matches third party insurance settlements and workers’ compensation benefits nationwide

Once a match occurs, LCSA takes appropriate action

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide16
State Licensing Match System

Denies or suspends state-issued licenses

Participating Agencies

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide17
Department of Child Support Services (DCSS) Child Support Collection Program

- 60 days delinquent with a balance of $100 or more

Levy against bank accounts and wages

Seize real or personal property

Refer case to out-of-state collection agencies

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide18
Employment Development Department (EDD)

New Employee Registry

Income Earnings System

State Disability Insurance Intercepts

Unemployment Insurance Benefits Intercept

Nondiscretionary Enforcement Actions

Child Support Program Orientation

slide19

Enforcement Actions

Special

Child Support Program Orientation

slide20

Special Enforcement Actions

  • General Enforcement Criteria
  • - Special Enforcement Actions should not be initiated if
    • LCSA cannot locate the NCP
    • Case meets case closure criteria
    • The support order is being reviewed for adjustment

Child Support Program Orientation

slide21
Job Search Order

Requires an unemployed NCP to obtain employment

NCP is ordered by the court to make a certain number of job contacts every month

Special Enforcement Actions

Child Support Program Orientation

slide22
Order for Judgment Debtor Examination

Procedure used to discover assets

Ordered by Judicial Officer

May be conducted by judge, hearing officer, or LCSA Representative

Special Enforcement Actions

Child Support Program Orientation

slide23
Contempt

Code of Civil Procedure, Sections 1209 and 1209.5

Basic Elements

Valid Order

Proof of Knowledge of the Order

Proof of Noncompliance

Special Enforcement Actions

Child Support Program Orientation

slide24
Writ of Execution

Court order to levy on property owned by the NCP

Levying officer will prepare a Notice of Levy to seize the asset

Assets can be sold to satisfy the judgment

Special Enforcement Actions

Child Support Program Orientation

slide25
Security Deposits of Money

LCSA obtains an order requiring the NCP to deposit money securing future child support payments

Failure to comply is punishable by contempt

Special Enforcement Actions

Child Support Program Orientation

slide26
Probate Actions

Creditor’s Claim on Personal Property in the Estate of a Deceased Obligor

Obligor’s Interest in Personal Property in the Estate of a Decedent

An LCSA can obtain money from a will, trust, or probate action

Special Enforcement Actions

Child Support Program Orientation

slide27
Liens on Workers’ Compensation Awards

- Workers’ Compensation Appeals Board

Lien is filed into WCAB claim

Income withholding order is served on insurer

Special Enforcement Actions

Child Support Program Orientation

slide28
Liens in Pending Actions Special Proceedings

A lien filed in a pending lawsuit where an NCP may be entitled to an award

Should be considered if NCP is

Suing an employer

Involved in a personal injury lawsuit or settlement

Receiving a money settlement in a divorce action

Attorney fees and medical costs are paid first

Special Enforcement Actions

Child Support Program Orientation

slide29
Voiding Fraudulent Transfers

LCSA can obtain a court order to void the transfer of property by an NCP if

The transfer was made with the intent to hinder, delay, or defraud a creditor

The transfer is made without a reasonable equivalent value in exchange

Special Enforcement Actions

Child Support Program Orientation

slide30

Enforcement Actions

Extraordinary

Child Support Program Orientation

slide31
Internal Revenue Service (IRS) Full Collection Service

Provides for use of the Internal Revenue Service to collect past due support

Prior attempts to collect delinquent support have failed

Case may not be submitted to the IRS Tax Intercept Program

Extraordinary Enforcement Actions

Child Support Program Orientation

slide32
Criminal Actions

Failure to Provide

Sections 270 and 271 of the California Penal Code

Willful Disobedience of a Court Order

Section 166(a)(4) of the California Penal Code

Extraordinary Enforcement Actions

Child Support Program Orientation

slide33
Project Save Our Children

- Federal Criminal Prosecution

Child and NCP must reside in different states

LCSA must exhaust all other enforcement criteria

Different criteria for felony or misdemeanor charges

Extraordinary Enforcement Actions

Child Support Program Orientation

slide34
Motions to Determine Arrearages

Parents as Parties Seeking Independent Enforcement Action

Private Collection Agencies

Mistaken Identity

Other Actions

Child Support Program Orientation

slide35
Chapter 7 and 13

Child Support is not dischargeable

Automatic Stay on Enforcement

Bankruptcy

Child Support Program Orientation

slide36

Department of Child Support Services

Enforcement Exercise

Child Support Program Orientation