Current through Register Vol. 42, No. 11, August 30, 2024
The noncustodial parent has a right to an administrative review
of the action taken to implement a lien against his/her assets. The request for
review must be in writing within fifteen (15) calendar days of the date
appearing on the Notice of Lien. The Obligor Notice of Lien instructs the
noncustodial parent to mail the written request to the State Title IV-D
agency.
(1) Reasons for contesting the
lien:
(a) Mistake of fact.
(b) The child support debt is paid in
full.
(c) (S) He is receiving SSI
or there is SSI money in the financial account(s).
(d) (S) He does not meet the qualifications
for the lien.
(e) (S) He is
involved in bankruptcy proceedings.
(f) S (He) is strictly on the financial
account for fiduciary purposes, for example the management of the funds of an
elderly parent or minor child.
(g)
The financial account contains SSI money received by another joint account
holder or individual who is a SSI recipient.
(h) S (He) or another joint account holder or
individual is a former SSI recipient and SSI funds were deposited into the
financial account.
(i) The
financial account is classified as a business account.
(j) The financial account is a joint account
and the funds do not belong to him/her.
(2) The noncustodial parent must provide
proof, such as copies of:
(a) Canceled checks
or money orders.
(b) Child Support
orders or modifications to them.
(c) Pay stubs that show child support
withheld.
(d) Letters from
employers who have withheld wages.
(e) Receipts for child support
payments.
(f) Court records
documenting payment of child support.
(g) Picture ID and Social Security Card to
prove mistaken identity.
(h)
Documents showing that the levied funds from a financial account do not belong
to him/her (i.e. bank documents, etc.).
(i) Any other applicable documents.
(3) A desk review will be
conducted by the State Title IV-D agency within 30 days of receiving the
request for an administrative review.
(4) If the issue cannot be resolved in an
administrative desk review, the noncustodial parent has the right to request an
administrative hearing. The noncustodial parent is advised in the Results of
Administrative Review document that the State Title IV-D agency must receive a
written request for an administrative hearing within thirty (30) days of the
date on the document or the money will distribute as child support.
(a) An administrative hearing will be
conducted by the State Title IV-D agency within 90 days of receiving the
written request.
(b) If the
noncustodial parent does not agree with the findings of the administrative
hearing, (s)he has the right to request a judicial review by filing a notice of
appeal, cost bond, and petition for review as required under the Alabama
Administrative Procedure Act. The noncustodial parent is advised in the results
of administrative hearing document that the State Title IV-D agency must
receive notice of the court action within thirty (30) days of the date on the
document, or the money will distribute as child support.
Author: Clifford Smith
Statutory Authority:
P.L.
104-193; Code of Ala.
1975, §
30-3-198.
