Post by forfatherlessfive on Nov 19, 2009 23:24:46 GMT -5
States must have plans, approved by the director of OCSE, which set forth the details of their child support program. States also must enter into cooperative arrangements with courts and law enforcement officials to assist the child support agency in administering the program. These agreements may include provision for reimbursing courts and law enforcement officials for their assistance.
States are required to use several enforcement tools. They must use income withholding, the IRS tax refund offset procedure for welfare and non-welfare families, and they also must determine periodically whether any individuals receiving unemployment compensation owe child support…Other enforcement techniques States must use include:
1. Imposing liens against real and personal property for amounts of overdue support;
2. Withholding State tax refunds payable to a parent who is delinquent in support payments;
3. Reporting the amount of overdue support to a consumer credit bureau upon request;
4. Requiring individuals who have demonstrated a pattern of delinquent payments to post a bond or give some other guarantee to secure payment of overdue support;
5. Establishing expedited processes within the State judicial system or under administrative processes for obtaining and enforcing child support orders and determining paternity. These expedited procedures include giving States authority to secure assets to satisfy payment of past-due support by seizing or attaching unemployment compensation, workers' compensation, judgments, settlements, lotteries, assets held in financial institutions, and public and private retirement funds;
6. Withholding, suspending, or restricting the use of driver's licenses, professional and occupational licenses, and recreational and sporting licenses of noncustodial parents who owe past-due support;
7. Denying passports to persons owing more than $2,500 in past-due support;
8. Requiring unemployed noncustodial parents who owe child support to a child receiving TANF benefits to participate in appropriate work activities;
9. Performing quarterly data matches with financial institutions;
10. Voiding fraudulent transfers of assets to avoid payment of child support; and
11. Allowing an assisting State to establish a CSE interstate case based on another State's request for assistance (via the high-volume automated administrative enforcement of interstate cases procedure).
Child support enforcement services must include the enforcement of spousal support, but only if a support obligation has been established with respect to the spouse, the child and spouse are living in the same household, and child support is being collected along with spousal support. Finally, each State must comply with any other requirements and standards that the Secretary of HHS determines to be necessary to the establishment of an effective child support program.
*I guess we can thank our federal government for requiring the states to treat us like they do. It was explained to me, however, that every CSE Supervisor, Manager, or Director can use discretion regarding the above requirements if the circumstances warrant it. I was told shortly after my driver's license was suspended 3 years ago that any one of the CSE officials I complained to could have reinstated it to keep me working until the disputes were settled, but no one did and as a result I have been unemployed for over 2 years now.
*Notice the word "or" in #6 above. In my case, and 1000s of others, driver's licenses could have been restricted, such as to driving during daylight hours only or to and from work only. But, CSE officials seem to get-off treating us cruelly, even barbarically, instead. Does anyone know of one case where a license was restricted?
*Also notice "upon request" in #3. My ex-wife never requested reporting to a credit bureau. CSE did that on their own, as far as I know.
States are required to use several enforcement tools. They must use income withholding, the IRS tax refund offset procedure for welfare and non-welfare families, and they also must determine periodically whether any individuals receiving unemployment compensation owe child support…Other enforcement techniques States must use include:
1. Imposing liens against real and personal property for amounts of overdue support;
2. Withholding State tax refunds payable to a parent who is delinquent in support payments;
3. Reporting the amount of overdue support to a consumer credit bureau upon request;
4. Requiring individuals who have demonstrated a pattern of delinquent payments to post a bond or give some other guarantee to secure payment of overdue support;
5. Establishing expedited processes within the State judicial system or under administrative processes for obtaining and enforcing child support orders and determining paternity. These expedited procedures include giving States authority to secure assets to satisfy payment of past-due support by seizing or attaching unemployment compensation, workers' compensation, judgments, settlements, lotteries, assets held in financial institutions, and public and private retirement funds;
6. Withholding, suspending, or restricting the use of driver's licenses, professional and occupational licenses, and recreational and sporting licenses of noncustodial parents who owe past-due support;
7. Denying passports to persons owing more than $2,500 in past-due support;
8. Requiring unemployed noncustodial parents who owe child support to a child receiving TANF benefits to participate in appropriate work activities;
9. Performing quarterly data matches with financial institutions;
10. Voiding fraudulent transfers of assets to avoid payment of child support; and
11. Allowing an assisting State to establish a CSE interstate case based on another State's request for assistance (via the high-volume automated administrative enforcement of interstate cases procedure).
Child support enforcement services must include the enforcement of spousal support, but only if a support obligation has been established with respect to the spouse, the child and spouse are living in the same household, and child support is being collected along with spousal support. Finally, each State must comply with any other requirements and standards that the Secretary of HHS determines to be necessary to the establishment of an effective child support program.
*I guess we can thank our federal government for requiring the states to treat us like they do. It was explained to me, however, that every CSE Supervisor, Manager, or Director can use discretion regarding the above requirements if the circumstances warrant it. I was told shortly after my driver's license was suspended 3 years ago that any one of the CSE officials I complained to could have reinstated it to keep me working until the disputes were settled, but no one did and as a result I have been unemployed for over 2 years now.
*Notice the word "or" in #6 above. In my case, and 1000s of others, driver's licenses could have been restricted, such as to driving during daylight hours only or to and from work only. But, CSE officials seem to get-off treating us cruelly, even barbarically, instead. Does anyone know of one case where a license was restricted?
*Also notice "upon request" in #3. My ex-wife never requested reporting to a credit bureau. CSE did that on their own, as far as I know.
