Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 25 - Office of Child Support Enforcement
Rule 006.25.10-001 - Policy Manual - Rules describing agency procedure and practice used to locate noncustodial parents, establish paternity, establish, modify and enforce child support and medical support orders, and collect and disburse child support payments.

Chapter 1 INTRODUCTION

BACKGROUND INFORMATION

On January 4, 1975, Congress enacted Public Law 93-647. The law amended Title IV of the Social Security Act by creating a new Part D, "Child Support and Establishment of Paternity." Part D imposes obligations on the states in order for their federal grants under Title IV to continue at an unreduced level, and it establishes conditions of eligibility for Transitional Employment Assistance (TEA) recipients. Title IV-D, as amended, authorizes the enforcement of child support obligations owed by noncustodial parents to their children, locating parents, establishing paternity, and obtaining child support and medical support. These objectives are based on the belief that all children are entitled to have their parents identified and to receive support from both parents.

AUDIENCE

The Office of Child Support Enforcement Policy Manual is the official statement of policy used by staff in implementing the Child Support Enforcement Program in Arkansas.

PURPOSE

The purpose of the Child Support Enforcement Policy Manual is to set forth agency policy utilized in the implementation of the Child Support Enforcement program.

PREPARATION OF THE MANUAL

Policy for the Child Support Enforcement Policy Manual is developed and promulgated pursuant to State law.

NOTE: The codification of general and permanent rules, as published in the Code of Federal Regulations by the executive departments and agencies of the Federal Government, as well as Federal and State Law, supersedes policy set forth in the Arkansas Office of Child Support Enforcement's Policy Manual.

The OCSE policy manual will be available on the OCSE website at www.childsupport.arkansas.gov until it is superseded. The superseded manual will be retained in agency files for three years as required by State law.

STRUCTURE OF THE PROGRAM

Office of Child Support Enforcement (OCSE) is state-administered and state-operated within the Division of Revenue, Department of Finance and Administration (DFA). Other sections of DFA that provide support services for OCSE include Administrative Services, Information Services, Personnel Management, Driver Services, Motor Vehicle, Revenue Legal Counsel, State Income Tax, State Procurement, Accounting, Budget, Intergovernmental Services, and Employee Benefits.

OCSE is the single and separate organizational unit responsible for administering the IV-D Program under the State Plan. The unit, supervised by the Administrator of OCSE, consists of Central Office support staff, field staff, and Arkansas Child Support Clearinghouse staff.

OCSE CENTRAL OFFICE

The Central Office for OCSE includes the Administrator and Management Staff who are charged with responsibility for specified areas. Operational functions are performed by Finance and Administration, Information Systems, Policy, Program Review, Communication and Outreach, General Counsel, Customer Service, Collections, and Program Support. The function of Central Office staff is to provide the necessary support services for field staff and to administer the program at the state level.

FIELD STAFF

Under direction of the Operations Manager, Field Managers are responsible for supervising the Regional and Extension Office Supervisors. Regional and Extension Office Supervisors are responsible, under the direction of the Field Managers, for supervising the field staff. The field staff are responsible for locating noncustodial parents and obtaining the information necessary to initiate administrative procedures to enforce orders or support legal action pursuant and limited to the purpose of the IV-D Program. The field staff work closely with the legal staff to ensure appropriate information is available to support the necessary legal action to collect child and medical support or establish paternity. OCSE attorneys do not represent either the custodial party or noncustodial parent, but rather the State's interest in seeing that children are provided for financially.

THE ARKANSAS CHILD SUPPORT CLEARINGHOUSE

OCSE operates a centralized state disbursement unit for processing all child support payments for Title IV-D cases and payments remitted through income withholding in non-Title IV-D cases. The unit operates under the supervision of the Arkansas Child Support Clearinghouse Manager.

Services provided by the Arkansas Child Support Clearinghouse are limited by federal regulation. Persons who do not have an open enforcement case (i.e., those who have a payment processing case) will receive the following services:

* Update the custodial party's address upon written request.

* Respond to inquiries regarding lost, stolen or destroyed checks issued by the Clearinghouse.

* Provide payment histories upon the request of either party.

* Respond to calls regarding payments received and disbursed.

Chapter 2 ADMINISTRATION

PROGRAM GOAL

The purpose of the Child Support Enforcement Program is as follows:

* Locate the noncustodial parent

* Establish paternity of children born out-of-wedlock

* Establish the legal obligation of the noncustodial parent for child and medical support

* Enforce child and medical support obligations

* Collect, distribute, and disburse child support payments

Child and medical support services are available to any individual, without regard to the person's state of residence, who has physical custody of a child and who applies for enforcement services. Recipients of Transitional Employment Assistance (TEA), IV-E Foster Care, and certain mandatory Medicaid categories are automatically referred to OCSE for services from the Department of Human Services.

FUNDING

The Child Support Enforcement Program is supported by State General Revenue, fees collected from custodial parties and noncustodial parents, and federal funds.

CONFIDENTIALITY

OCSE will not release information regarding members in an OCSE case except as permitted by State law.

Release of information on the whereabouts of a party is permissible only if it is in connection with the administration of the Child Support Program, other limited purposes, or as specifically authorized by law. A violation of confidentiality shall constitute a Class B Misdemeanor.

It is unlawful to disclose to any committee or legislative body any information that identifies by name or address any applicant or recipient of OCSE child support enforcement services, except under limited circumstances.

Release Of Information Upon Request Of The Parties

A custodial party or noncustodial parent is entitled to his or her own personal information contained in a case file. Court orders and pay records may be released to either requesting party.

When releasing court orders, the non-requesting party's Social Security number will be blocked out. Should a protective order be obtained after the date on which a court order was entered, OCSE will block out any address information, even though the information may still be available on public record.

All requests for copies of information must be made in writing. Information may not be released over the phone. If a copy of an entire file is requested, then all information, including pay records and notes, will be released. However, the non-requesting party's address, work information, and Social Security number will be redacted.

Release forms and request letters will be maintained in the case file for documentation. Requested information will be mailed within five business days from date of receipt of the written request. No fee for copies will be charged. OCSE may release information on the whereabouts of a party if the party requesting the information is the noncustodial parent or the custodial party. The noncustodial parent or custodial party must submit the request by an affidavit that clearly states the reason the information is requested and describes the unsuccessful attempts to acquire the information from other sources. The affidavit requesting release of information may be sent by first class mail to OCSE.

Within seven calendar days of receiving the request, OCSE will notify the party whose whereabouts are subject to disclosure that a request for location information has been made and that information will be provided within twenty calendar days of the date of the notice unless OCSE receives a copy of a court order prohibiting the disclosure or otherwise restricting the requesting party's rights to the information, or a request for an administrative hearing to contest the disclosure.

When an administrative hearing to contest the release of information is requested, OCSE will not disclose the whereabouts of a party until the administrative hearing is held or completed. If any reasonable evidence of domestic violence or child abuse is presented at the administrative hearing or by affidavit, and the disclosure of the last known address or any identifying information could be harmful to a party or the child, OCSE will not release the information.

Safeguarding Information

Case records will be stored in electronic files or in file cabinets accessible only to authorized OCSE personnel. These file cabinets will be maintained in a secure area, and locked when not in use.

Private Collection Agencies

OCSE will not accept change requests forms or requests for information from a private collection agency. A "power of attorney" provided by a private collection agency will not be accepted. Custodial parties may seek optional remedies for the collection of obligated past due support. A custodial party may keep his or her OCSE child support case open while under contract with a private collection agency.

The custodial party may request a change of address in writing and have child support payments sent to his or her address of choice including that of a private collection agency. However, it should be explained to the custodial party that all money and documents for all cases will be sent to the address provided.

FEDERAL RESOURCES AVAILABLE

The following federal resources are made available by Title IV-D of the Social Security Act:

. United States District Courts : The United States District Courts may be used to enforce the court order of an Arkansas court of competent jurisdiction against a noncustodial parent in another state. An application for using the U.S. District Court must be submitted to the OCSE Regional Office by the Arkansas OCSE Central Office.

. Federal Criminal Nonsupport : Cases meeting the criteria for prosecution under the Child Support Recovery Act (CSRA) will be forwarded to the appropriate U.S. Attorney's office by OCSE. To be eligible for prosecution under CSRA, the noncustodial parent must live in a different state than the child and be $5,000 behind or have made no payment for one year, have the ability to pay, and nonpayment must be willful. It is within the U.S. Attorney's discretion to accept or reject a case referred by OCSE for federal criminal nonsupport.

. Federal Administrative Offset Program: Federal law authorizes Tax Refund Intercept, administrative offset of recurring and nonrecurring payments, and passport denial for delinquent court-ordered support obligations owed to families receiving child and medical support services. Collections made by intercepting federal income tax refunds due the noncustodial parent are to be applied against past due child support and State debt. The process includes collection of delinquent support obligations owed to (1) reimburse the state for amounts paid to families receiving TEA, and (2) pay arrears to non-TEA families who receive full OCSE services. (For additional information, see Chapter 8.)

. IRS Full Collection Service: Past due child and medical support for TEA, Medicaid and non-TEA full OCSE services cases can be referred to the IRS to be collected as if unpaid child support were a delinquent tax debt. To be eligible for the IRS full collection service, a court order must exist and arrears must be at least $750. Request for use of full collection services must be approved by the Administrator of Arkansas OCSE and reviewed by the Regional Office of Child Support Enforcement. Referrals to the IRS Full Collection Service are made by the state to which an assignment of support rights or a non-TEA application for child support services has been made. The applicant for services must pay a fee of $122.50 at the time of the referral.

. Garnishment Of Salaries Of Federal Employees: Federal income, including military pay, certain types of Social Security payments (e.g., SSA), income tax refunds, and disability benefits are subject to garnishment. The Office of Child Support Enforcement can obtain an order of garnishment against the noncustodial parent's salary or income when other methods of collection have failed.

PUBLICIZING SUPPORT ENFORCEMENT SERVICES

The availability of child and medical support enforcement services is publicized on a regular basis. This is accomplished through radio announcements, brochures, presentations and participation by OCSE in various community events, and on the OCSE website. The information promotes the availability of our services and a list of telephone numbers or addresses where additional information may be obtained.

ASSIGNED COUNTY

The county responsible for working a case is the "assigned county." The following factors determine the county where the case should be assigned, listed in the order of priority:

Chapter 3 CASE INITIATION AND LOCATE

CASE CATEGORIES

OCSE has established the following as child support case categories:

Enforcement Case - A case open with OCSE for full child support services or a case for medical support services only, received either by application or by referral from the Department of Human Services (DHS) (Temporary Employment Assistance [TEA], Foster Care, or Medicaid). Includes interstate cases referred for full child support services by child support agencies in other states.

Payment Processing Case - A private case referred to the Arkansas Child Support Clearinghouse for payment processing or a former enforcement case in which payments continue to be processed through the Arkansas Child Support Clearinghouse. OCSE is not actively involved in collecting money owed to the custodial party, but merely records and passes on any payments received.

Split-Debt Case - A former enforcement case in which current support is owed to the custodial party and permanently assigned arrears are owed to the state. OCSE is not actively involved in collecting money owed to the custodial party. Child support payments received by the Arkansas Child Support Clearinghouse are disbursed to the family. OCSE will certify the amount owed to the state to the Federal Tax Offset program and retain any collection to offset the amount owed to the state. The amount owed to the family is not eligible for certification under current federal regulations. No other enforcement remedies will be utilized to collect state debt until the debt owed to the family is recovered.

APPLICATION FOR SERVICES

Custodial Party Request

Child support services are available to custodial parties who file an application with OCSE for services. OCSE charges a nonrefundable application fee of $25.00 to any person who files an application with OCSE for services under Title IV-D of the Social Security Act. The applicant for services does not have to be a resident of Arkansas.

* OCSE will provide child and medical support services to any custodial party who applies on behalf of a child and will enforce any support obligation established for a child or the custodial party of a child receiving services. This applies to interstate and intrastate cases.

* In an interstate case, only the initiating state may require an application. OCSE will accept referrals from another state on behalf of a child, regardless of age, and provide services available under state law.

* OCSE will not accept interstate transmittals from any organization that does not have an approved State Plan as required by Title IV-D of the Social Security Act or from custodial parties without a completed application for services.

* Services are provided, without an application, to those custodial parties who are no longer eligible for assistance under the TEA, IV-E foster care, and Medicaid programs. DHS notifies OCSE when a family stops receiving assistance. OCSE notifies the family within five business days of the notification of ineligibility that child support services will be continued, and of the consequences of continuing to receive services, unless OCSE is notified by the family to discontinue services.

Children listed in the application for services must be under the age of 18 if no court order exists. Custodial parties may also apply to recover unpaid child support if the youngest child is between the ages of 18 and 23 and the amount to be recovered is based on a court order. The custodial party of a child over the age of 23 may apply for services; however, the case may be eligible only for federal tax offset if there is no judgment on arrears.

* The applicant for services cannot be the child. OCSE does not have the authority to establish or enforce an obligation on behalf of the child if the "child" is 18 or older, whether or not a state requesting services has legislation allowing same. Additionally, for Arkansas residents or persons requesting services directly from Arkansas OCSE, cases will not be accepted for establishment or enforcement from the child, as the statute does not allow OCSE to bring an action for the "child over 18" - that right is reserved to the "child" only.

* OCSE will not provide services if the noncustodial parent is deceased.

* With the exception of mandatory Medicaid cases, applicants cannot choose among services to be provided. For example, the applicant cannot request paternity but no support order, or a support order but no income withholding. Mandatory Medicaid applicants may elect to receive medical support services only. OCSE will address the medical support needs of the child unless the custodial party indicates in writing that medical support services are not needed and provides proof that the child(ren) have adequate insurance coverage other than Medicaid.

Applications for child support services are available on the OCSE website at www.childsupport.arkansas.gov, or interested parties may contact the local child support office.

When the request is made in person, the application for services is to be provided on the date of request. When a request is made in writing or by telephone, OCSE is required to send the application within five business days. The local child support office is assigned the responsibility for accepting completed applications for child support enforcement services. The office receiving the completed application for new or reopened cases must process the application locally. OCSE must address the medical support needs of the child in every case. The court will determine which party will be responsible for providing medical support.

The applicant must complete a separate application for each noncustodial parent named in the request for child support enforcement services and pay a separate application fee for each noncustodial parent.

It is the applicant's responsibility to complete the application and contract for child support services and return the forms to the OCSE local office along with supporting documents: divorce decrees, orders for child and medical support, and all modifications to original orders.

Completed application packets may also be mailed to OCSE Central Registry, P.O. Box 8133, Little Rock, AR 72203. Upon receipt, the application packet and all supporting documents will be forwarded to the local child support office for processing. A letter of acceptance will be sent to the applicant. If the application is incomplete to the extent that work on the case cannot begin (e.g., the contract is not signed or the noncustodial parent or child is not listed), the application and fee will be returned to the applicant for completion. Otherwise, the application will be accepted, entered in the data system, and sent to the appropriate caseworker. The OCSE caseworker should contact the custodial party for any additional information needed. If the applicant requests services that cannot be provided, the application packet will be returned to the applicant with a cover letter stating the reason(s) why the application was rejected.

Social Security Number Requirement

Federal law requires the recording of a Social Security number for any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgement to be recorded in certain family matters. Each recipient of services is asked to provide a Social Security number (SSN).

Federal law requires that any Federal, State, or local government agency which requests an individual to disclose his or her Social Security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. Accordingly, for purposes of implementing federal law, individuals must be informed that disclosure is mandatory, pursuant to section 466(a)(13) of the Social Security Act, and that it will be used under the child support enforcement program to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing support obligations.

ASSIGNMENT OF RIGHTS IN TEA CASES

As a condition of eligibility for TEA, each applicant is required to cooperate with the State in establishing paternity if necessary, establishing a child and medical support order, and enforcing that order. By accepting a monetary grant provided by DHS for or on behalf of a non-SSI dependent child, the custodial party assigns to the State any rights to child support. DHS is responsible for notifying each applicant in writing that acceptance of assistance will result in an automatic assignment of support rights. The custodial party receiving TEA is not charged a fee for any services provided by OCSE. TEA referrals may originate from one of the following:

* The DHS County Office certifying the TEA case which includes an assignment of support.

* The child support enforcement agency of another state in which the custodial party is receiving public assistance and has made an assignment of support.

The Arkansas Networked System for Welfare, Eligibility, & Reporting (ANSWER) is the source of all referrals to OCSE for Arkansas TEA cases. Foster care (IV-E) cases are referred to OCSE from the Department for Children and Families (DCFS) through the Children's Information Reporting System (CHRIS) interface with the Arkansas Child Support Information System (ARCSIS.)

MEDICAID REFERRALS Mandatory Medicaid Referrals

Cooperation is required for certain categories of Medicaid cases referred to OCSE. In these cases, the full range of child support services are provided, unless the custodial party elects in writing to receive medical support services only. These categories are as follows:

. Child under 18, Categories 51, 56, and 57. These cases involve a child who has been placed in a treatment facility. OCSE provides services in these cases if there was a parent absent from the home at the time of placement and an OCSE case is open against that absent parent - not against both parents. If both parents are in the home at the time of placement and the placement was not due to abuse or neglect on the part of the parents, OCSE is not required to provide services. DHS makes the determination and refers cases as appropriate.

* Foster Care cases, categories 91, 92, 96, and 97.

* Medicaid cases with a custodial party who is also a recipient of benefits. Note that children may receive services under one Medicaid number and the custodial party may receive services under a different number.

Child-Only Medicaid Cases

The custodial party may apply for free child support services if the child(ren) are the only recipients of Medicaid, ARKids Part A, or ARKids Part B. An application and contract must be completed and signed. However, the application fee is waived; no fees will be charged, and no recovery of previously charged fee balances will be made as long as the child(ren) are receiving Medicaid.

CASES WITH BOTH PARENTS IN THE HOME

DHS will refer cases to OCSE when both parents are living in the home if paternity is an issue. OCSE will assist the parents to acknowledge paternity by administrative process, including DNA testing if requested by one of the parents. Once paternity is established, the case will be closed. A 60 day closure notice is required.

COOPERATION REQUIRED BY THE CUSTODIAL PARTY

Custodial parties who apply for services must assist in establishment or enforcement efforts as their case requires. Cooperation by custodial parties includes adhering to all provisions of the application and contract for child support services. If a custodial party moves or changes his or her address, a forwarding address must be provided to OCSE.

Additionally, as a condition of eligibility, each TEA, Medicaid, and IV-E Foster Care applicant or recipient is required to cooperate with OCSE to locate the noncustodial parent, establish and enforce child support and/or medical support orders including appearing at the local child support office or court as needed, keep OCSE informed regarding a change of address and phone number, and turn in any payments received directly from the noncustodial parent.

When the custodial party is ordered to provide medical support, he or she will be given 30-days to provide proof that the child is enrolled in either an employer sponsored insurance (ESI) policy or a private insurance policy. Failure to provide notice within the time frame will be considered non-cooperation. If ESI is available, the National Medical Support Notice (NMSN) will be sent to the employer. If ESI is not available a notice will be sent to the custodial party advising that the case will be closed after 60 days due to non-cooperation if the proof of insurance is not provided. If the child(ren) is enrolled and the policy terminates for any reason, a notice will be sent to the custodial party requesting new insurance information. Failure to respond will be considered non-cooperation. If ESI is available, a NMSN will be sent. If ESI is not available, a notice will be sent to the custodial party advising that the case will be closed after 60 days due to non-cooperation if the proof of insurance is not provided.

Reporting Non-Cooperation Of Custodial Parties

If a custodial party who receives TEA, Medicaid, or Foster Care willfully fails to comply with any of the cooperation requirements, he or she will be considered non-cooperative unless a "Good Cause" finding has been determined by DHS. If the OCSE caseworker concludes that the custodial party has willfully failed to comply, a notice will be sent by certified mail and will summarize the facts constituting the finding of non-cooperation. The custodial party is allowed 10 business days from the date the notice was sent to cooperate or request an administrative hearing before OCSE notifies DHS of the non-cooperation finding.

If the custodial party fails to comply or fails to request an administrative hearing within 10 business days from the date the non-cooperation notice was sent, OCSE will notify DHS through the IV-A - IV-D interface of the non-cooperation finding. DHS will apply appropriate sanctions. OCSE must receive a request for an administrative hearing within the 10 business day time frame in order to preserve cash assistance payments while the hearing is pending.

Administrative hearings must be requested within 30 calendar days of the date the non-cooperation notice was sent. However, when the request is received after the 10 business day time frame, sanctions, if applicable, will remain in place pending the outcome of the administrative hearing.

The custodial party may contact OCSE at any time to furnish the requested information, as stipulated by federal law and TEA policy. If the custodial party contacts OCSE after 10 business days from the date the non-cooperation notice was mailed and provides the caseworker with the necessary information needed for working his or her child support case, a subsequent notice will be sent to DHS informing them that the custodial party has cooperated.

The caseworker or attorney will continue to pursue child support efforts to the extent possible after the Notice of Non-Cooperation has been sent.

Administrative Hearing Request

A custodial party may request an administrative hearing by submitting a request in writing to the local office responsible for the case no later than 30 calendar days from the date on the notification of the adverse action.

Good Cause Claims

When the child support office is notified of a Good Cause Claim, the caseworker or attorney working the establishment case will immediately discontinue activity on the case and place a family violence indicator on the file for the victims in the case. If the Good Cause Claim is approved, the OCSE case is closed and no further action is taken. If the claim is denied, then appropriate child support activities will resume.

Mandatory Address Updates

Upon the entry of an order, the noncustodial parent and custodial party must keep OCSE updated with their current residential and mailing address, Social Security number, telephone number, driver's license number, and their employer's name and address if child support payments are paid through the registry of court or the Arkansas Child Support Clearinghouse.

SOCIAL SECURITY NUMBER REQUIREMENTS FOR MARRIAGE, OCCUPATIONAL, PROFESSIONAL, OR BUSINESS LICENSE APPLICATIONS

State law mandates that all persons, agencies, boards, commissions, or other licensing entities issuing marriage or any occupational, professional, or business license must record the name, address, and Social Security number of each person applying for such licenses on the license application. Those persons, agencies, boards, departments, commissions, or other licensing entities that issue 500 or more licenses each year, or that have a membership of 500 or more, are required to implement an automated data system capable of transmitting licensee information to OCSE. The license database may be transmitted or made available to OCSE quarterly. The information will be used for the purpose of enforcing child support obligations.

The name of any member or representative of a licensing entity who refuses to provide license information to OCSE shall be certified by OCSE to the Office of the Governor and to the Arkansas Legislative Council.

Member and applicant Social Security number information shall not be released publicly and shall be excluded from the open public record requirements of the Arkansas Freedom of Information Act. Disclosure of Social Security information without the consent of the individual or without court authorization shall be a Class B misdemeanor. Confidentiality requirements associated with the collection and maintenance of Social Security numbers by the licensing entity shall be appropriately disseminated and posted in the licensing entity's offices.

CENTRAL REGISTRY

The Central Registry is a separate section within OCSE Central Office that receives all incoming interstate OCSE cases. The cases are reviewed for completeness and assigned to the appropriate local office. The Central Registry also receives State Parent Locator Services (SPLS) and Federal Parent Locate Services (FPLS) requests.

Central Registry Responsibilities

Within 10 business days of receiving the interstate referral, the Central Registry will take the following action:

* Review the case for completeness.

* Forward the case to SPLS or the appropriate county office.

* Request any missing documentation from the initiating state.

* Inform the initiating state of the assigned office and the name and address of the contact person.

* Forward the case to the appropriate office for any action that can be taken pending receipt of requested documents omitted from the original packet, if applicable.

The Central Registry will answer requests from other states regarding the status of cases referred to Arkansas but not yet assigned to a local office within five business days. Field staff will answer status requests from the initiating state if the case has been assigned to a local office.

State Parent Locate Service (SPLS)

SPLS is a function of the Program Support Section in the Central Office. The Program Support Section has the responsibility of receiving requests for locate information from other state child support agencies. Such requests will be accepted only for establishing paternity and/or securing child/medical support for dependant children. Once all local resources have been exhausted, the caseworker will request an SPLS search using the data system.

Federal Parent Locate Services (FPLS)

In those cases in which the noncustodial parent cannot be located through the local or state locate efforts, an FPLS search will be initiated by the caseworker. FPLS interfaces with Internal Revenue Service, Social Security Administration, Veteran's Administration, National Personnel Records Center, and the Department of Defense. FPLS can also be used to obtain locate information in parental kidnapping, pending adoption cases, and child custody cases.

OCSE may request and receive information from the following sources: Federal Parent Locator Service; available records in other states, territories, and the District of Columbia; the records of all state agencies; and businesses and financial entities for locating and determining resources of noncustodial parents. State and local government agencies, businesses, and financial entities shall provide information, if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential.

Requests for Information from the Federal Parent Locate Services (FPLS)

The Social Security Act (the Act) specifies the parameters for FPLS location requests:

* Information may be requested only for an authorized purpose.

* The requestor must be an authorized person.

* Only specified information may be provided for a particular purpose.

* Information shall be used or disclosed only as expressly permitted in the Act.

Federal regulations require state IV-D agencies to honor authorized requests for FPLS location information and submit them to the FPLS using the State Parent Locator Service (SPLS). Authorized Federal agents or attorneys may request FPLS information directly from OCSE.

Each of these parameters is addressed in more detail below with respect to use of the FPLS in cases of parental kidnapping or for custody and visitation purposes.

* Authorized Purpose: Title IV-D of the Act authorizes use of the FPLS for enforcing a federal or state law with respect to the unlawful taking or restraint of a child by a biological parent, often referred to as parental kidnapping, or for determining the whereabouts of a parent or child for the purpose of making or enforcing a child custody or visitation determination. In this context, "custody or visitation determination" means a judgment, decree, or other order of a court providing for the custody or visitation of a child. The term includes permanent and temporary orders, and initial orders and modifications.

* Authorized Person: Title IV-D of the Act permits only specified authorized persons to obtain FPLS information in the case of an unlawful taking or restraint of a child or for making or enforcing a custody or visitation order. For these purposes, the term "authorized person" means the following:

* Any agent or attorney of any state who has the duty or authority under the law of that state to make or enforce a child custody or visitation determination

* Any court having jurisdiction to make or enforce a child custody or visitation determination, or any agent of such court

* Any agent or attorney of the United States, or of a state having an agreement under this section, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child

Under the Act, a parent seeking to locate another parent or a child in a case of parental kidnapping or for custody or visitation purposes is not an "authorized person" and may not receive FPLS information. Nor is a private attorney considered an authorized person for purposes of requesting FPLS information in such cases. The information provided to the authorized person is for his or her own use to enable him or her to proceed with making or enforcing a custody or visitation determination or investigating or prosecuting the unlawful taking or restraint of a child.

* Authorized Information: Information that may be obtained from the FPLS includes only the most recent address and place of employment of the parent or child whose location is sought.

Upon receipt of any response from the FPLS, OCSE is required to send the information directly to the court or other authorized person that requested it. Afterwards, OCSE must destroy any confidential records and information related to the request.

* OCSE Responsibilities: When OCSE receives a request to use the FPLS for parental kidnapping, child custody, or visitation purposes, OCSE must ensure the requestor is the proper entity in the state for making such a request and, further, that the authorized requestor understands that no re-disclosure is permissible, except to another authorized court or agent or attorney of the state.

The Act also prohibits the disclosure of FPLS information to an authorized person if a state has notified the FPLS that the state has reasonable evidence of domestic violence or child abuse and that disclosure of such information could be harmful to the custodial party or the child of such parent.

* Requesting FPLS Information: Except for requests from authorized federal agents or attorneys, which come directly to OCSE, the SPLS is the mechanism for submitting requests to the FPLS.

Safeguards When Using Federal Parent Locate Service (FPLS)

All information obtained from the use of FPLS will be treated as confidential and safeguarded as required by the provisions of OCSE Policy, Chapter 2. States submitting requests for information via remote terminal on preprinted FPLS forms or by letter must have on file a signed certification with the FPLS that affirms the following:

* The request is being made to locate an individual for the purpose of establishing paternity or securing child/medical support and for no other purpose.

* The Program Support Section has made diligent and reasonable efforts to find the noncustodial parent and cannot locate the person.

* The Program Support Section has taken protective measures to safeguard the personal information being transferred and received through FPLS.

OCSE maintains, and will continue to maintain, such a certification with FPLS. This certification will be renewed semiannually or upon change of the Administrator of OCSE or appropriate designee.

Access to information obtained from FPLS for use in parental kidnapping and child custody cases is restricted to Program Support personnel. The OCSE Central Office Program Support Section is responsible for storing data collected and otherwise ensuring confidentiality. The Program Support Section will forward any information obtained directly to the applicant, make no other use of the information, and destroy any records related to the request that are confidential in nature.

Documents

All documents associated with FPLS that contain confidential information concerning noncustodial parents will be accessible only to authorized OCSE personnel. All such documents will be maintained in a secure, locked area when not in use.

Computer files and documents will be protected by security measures in place in Data Processing and Administrative Services Sections. Printouts and other computer documents generated for use by OCSE will be disposed of in such a manner that none of the contents come into the possession of unauthorized persons.

ESTABLISHING A CASE

Within 20 calendar days of receiving an application or the referral of a case, the local office must establish a case record and assess the information provided to determine the next appropriate action, which may include any of the following:

* Interviewing the custodial party

* Initiating verification of information

* If location information is inadequate, initiating locate efforts

Maintenance Of Case Records

The caseworker is responsible for the maintenance of a case record for each individual case in an assigned caseload. The record must contain all documents related to the case from the time of referral until closure. A written narrative containing a history of all contacts with the custodial party and noncustodial parent, all attempts to locate the noncustodial parent, all legal activity, any activity related to an adjustment of a disbursement of child support collections, and any other activity related to the case must be maintained in the data system.

Retention Of Case Records

Local office staff must retain records for closed cases for a minimum of three years.

Field Managers or their designees may determine that a case record should be retained for a longer period.

The Field Manager, or a designee, will review case records selected for destruction and will arrange to have the case records destroyed by burning or shredding. The method of destruction must ensure the confidentiality of the contents of the case record.

Suspense

Cases may be suspended for a specific date in the future if one or more of the following conditions exist:

* The noncustodial parent is incarcerated and the parole eligibility or release date is known

* The noncustodial parent is a student and a support obligation is undetermined

* There is a direct order by a court to cease all collection action for a limited period of time

LOCATE

Locate Resources

Any IV-D child support agency may request information regarding the assets or whereabouts of a noncustodial parent from any individual, financial entity, business or corporation, as defined in State law. The information requested or a statement that no information is available must be sent to OCSE within 30 days of the receipt of the request. A business or financial entity shall be liable for civil penalties of up to $100 for each day after the 30-day period in which it fails to provide the information. Any business, financial entity, officer, agent, or employee of such entity participating in good faith and providing information requested is immune from liability and suit for damages that might otherwise result from the release of the information to OCSE.

Locate Efforts

Location is defined as obtaining information concerning the physical whereabouts and verifying information regarding the address, employment, and financial ability of a noncustodial parent to provide support.

The caseworker is required to access all appropriate locate resources, including FPLS, and evaluate the responses within 75 calendar days of determining that location is necessary. Repeated attempts must be made quarterly, or immediately upon receipt of new information. These attempts may be automated but must include accessing Department of Workforce Services screens. FPLS must be accessed at least annually. Within 20 calendar days of determining the noncustodial parent is in another state, the caseworker must send a Locate Data Sheet to the Central Registry in that state. Location efforts outlined above must continue for a three-year period, provided there is sufficient information for automated locate activities. If after three years the noncustodial parent has not been located, the case may be closed after proper notice to the custodial party.

If sufficient information for automated locate is not available, the case may be closed after one year. At the end of one year, if location attempts have been unsuccessful, the case may be closed upon notice to the custodial party. The case must be reopened at no charge if the custodial party or initiating state can provide new information.

NEW HIRE REPORTING

The Department of Workforce Services operates the Arkansas New Hire Reporting Center. OCSE will interface with the New Hire Reporting Center data file for the purpose of obtaining employment data on noncustodial parents in the OCSE caseload. Caseworkers will receive an electronic notice when a match occurs. Information gained from the match will be used for the sole purpose of establishing or enforcing child support obligations. When a match occurs for an obligated case, an income withholding notice and a National Medical Support Notice (NMSN), if appropriate, must be sent to the new employer within two business days.

SPECIFIC REQUESTS FOR A CREDIT REPORT

If requested by the Administrator of OCSE, the Consumer Reporting Agency must provide a copy of a credit report if the report is needed to establish an individual's ability to pay child support or to determine the appropriate level of payments. The reports are kept confidential and used for that purpose only. The report may not be used for any civil, administrative or criminal proceeding, or any purpose other than determining the ability to pay or the appropriate amount of child support payments. OCSE must notify the noncustodial parent in writing, by certified mail, 10 calendar days prior to requesting a Consumer Report.

INTERSTATE REFERRALS

Arkansas As The Initiating State

If paternity or support has not been established, the local office should attempt use of long arm jurisdiction as outlined in Chapter 4, Long Arm Paternity, to establish paternity and support whenever appropriate. Within 20 calendar days of locating the noncustodial parent in another state, interstate cases must be referred to the appropriate state child support enforcement agency if long arm jurisdiction does not exist.

The case must contain accurate and sufficient information to proceed with the case. A Child Support Enforcement Transmittal must be included.

When the responding state requests information, the local Arkansas OCSE office must provide that information within 30 calendar days or must notify the responding state when the information can be provided.

When new information has been verified, the responding state must be notified within 10 business days of the receipt of the information.

A request for status of a nonpaying case will be sent to the responding state every 90 calendar days until payments have been obligated or restored.

Arkansas As The Responding State

The Central Registry will refer interstate cases to the appropriate caseworker. The caseworker must provide location services if the information provided is inadequate or at the request of the initiating state within 75 calendar days of the referral of the case.

Within 10 business days of receipt of a case from the initiating state, the Central Registry must ensure that documentation submitted with the case has been reviewed to determine completeness, forward the case for necessary action either to the State Parent Locate Service for location service or to the appropriate agency for processing, acknowledge receipt of the case, and ensure that any missing documentation has been requested from the initiating state. The Central Registry must respond to inquiries from other states within five business days of receipt of the request for a case status review of cases that have not yet been forwarded to the local office.

If the noncustodial parent is located in a county other than where initially located and there is no Arkansas court order, the case must be transferred to the appropriate county within 10 business days of verifying the noncustodial parent's location. If an Arkansas court order already exists, the case will be assigned to the county that issued the order. New information acquired while working the case must be transferred to the appropriate county within 10 business days of verification.

If the noncustodial parent is located in another state, Arkansas OCSE must notify the initiating state within 10 business days of the verification of the noncustodial parent's location. Arkansas OCSE, as the responding state agency, must return the form and documentation, including the new location, to the initiating state. Or, if directed by the initiating state, Arkansas OCSE must forward the form and documentation to the Central Registry in the state where the noncustodial parent has been located and notify the initiating state where the case has been sent.

The caseworker will provide all services necessary to locate noncustodial parents, establish paternity and child and medical support orders, and enforce existing child and medical support orders. OCSE will recognize and extend full faith and credit to court orders and affidavits acknowledging paternity issued in another state unless and until a court of competent jurisdiction directs otherwise. The caseworker will employ all remedies available under State law and OCSE policy to ensure compliance in interstate cases. The caseworker must provide location services if the information provided is inadequate or at the request of the initiating state within 75 calendar days of the referral of the case.

Arkansas OCSE, as the responding state agency, must pay the costs of processing interstate cases, except that the initiating state must pay for costs of paternity testing in actions to establish paternity. If paternity is established in Arkansas, an attempt to obtain a judgment for costs of paternity testing from the putative father will be made. If costs are recovered, Arkansas must reimburse the initiating state.

Arkansas OCSE will recover the cost of providing services in interstate cases, when applicable. Any fees deducted will be identified when payments are forwarded to the initiating state. However, the court may assess fees and costs against the noncustodial parent. Fees, cost, or expenses may not be assessed against the custodial party or the support enforcement agency of either the initiating or the responding state except as provided by other law.

If an order of support exists in any other state and the order cannot be enforced without court action, the caseworker will forward the case to the legal section so the existing order can be registered.

In an interstate case, the state that initiated the case is OCSE's customer. It is not the responding State's responsibility to be in direct contact with the custodial party in the initiating state. However, it is the caseworker's responsibility to keep the initiating state informed of significant actions taken in the case so that the initiating state can keep the custodial party informed as to the status of the case.

Chapter 4 ESTABLISHMENT

OVERVIEW

In this chapter we discuss our responsibility to establish a child and medical support obligation. If the parents are not married when the child is born, paternity must be established before a child and medical support obligation can be established.

ESTABLISHMENT OF PATERNITY BY ACKNOWLEDGMENT

Arkansas has laws that allow for a simple administrative process for acknowledging paternity. The rights and responsibilities of acknowledging paternity are explained, due process is safeguarded, and opportunities are provided at the hospital to acknowledge paternity when the baby is born. If paternity has not been established, the opportunity to acknowledge is provided in all local child support offices, at Vital Records, and in Health Department offices throughout the State. Paternity must be established before or in connection with any other action to establish child and medical support. OCSE is not required to take additional action to establish paternity if, under State law, the acknowledgment itself establishes paternity.

Hospital-Based Paternity Acknowledgment Program

OCSE must provide written materials about paternity establishment to all public and private birthing hospitals in the State, forms necessary to voluntarily acknowledge paternity, and copies of a written description of the rights and responsibilities of acknowledging paternity. OCSE must also provide training, guidance, and written instructions regarding voluntary acknowledgment of paternity as necessary to operate the hospital-based program and must assess each birthing hospital's program on an annual basis.

The OCSE Administrator and the hospital birthing center, certified nurse practitioner, or licensed midwife shall enter into cooperative agreements for compensation at a rate not to exceed $20 for each valid Acknowledgment of Paternity (AOP) forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to OCSE.

A valid AOP must contain the signatures of both parents, and a notary must authenticate the parents' signatures. For children born in Arkansas after April 10, 1995, an AOP, properly executed during the child's minority, conclusively establishes the man as the father of the child, subject to modification pursuant to State law. For children born prior to April 10, 1995, paternity must be established by court order.

Effect Of Signing The Acknowledgment of Paternity

The AOP forms the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity. If the AOP is completed within 10 days after the birth of the child, the father's name will appear on the birth certificate. If the AOP is completed after 10 days, the mother may request an amended birth certificate showing the father's name. If the mother is married to someone other than the biological father at the time of birth, the mother, husband, and the biological father may use the AOP to establish paternity of the child and the biological father's name will appear on the birth certificate if completed within 10 days of the child's birth. If the AOP is completed later than 10 days after the birth and the husband's name appears on the birth certificate, a court order must be entered to allow the name of the father to be corrected. There is a space on the AOP that allows for change of the child's last name.

Rescinding The Acknowledgment of Paternity

Any person who has signed an AOP may rescind the document within the earlier of 60 calendar days from the date of signing or prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity. Forms for this purpose are available at Department of Health, Division of Vital Records. Beyond the 60 calendar day period, the acknowledged father must file a motion in court to set aside a paternity establishment pursuant to a voluntary acknowledgment of paternity based on an allegation that the acknowledgment was obtained by fraud, duress, or material mistake of fact. OCSE does not have the authority to assist the acknowledged father in the filing of such motions. The court may, after making such finding, direct the mother, the child, and the presumed father to submit to genetic testing for paternity. The burden of proof shall be upon the person challenging the establishment of paternity.

The duty to pay child support and other legal obligations shall not be suspended while the motion is pending, except for good cause shown. The specific basis supporting the good cause findings shall be recited in the court's order.

PATERNITY TESTING AFTER THE SUPPORT ORDER IS ENTERED

State law allows a noncustodial parent who has not had a genetic test previously to have one paternity test at anytime during the time in which he is ordered to pay support. OCSE will not initiate this action on behalf of the noncustodial parent. OCSE will not suspend the collection of support while any action pursuant to this code section is pending, unless otherwise ordered by the court.

Disestablishment of Paternity

The noncustodial parent may petition the court asking for paternity testing if paternity and support were established without testing. OCSE cannot assist the noncustodial parent in the filing of such petitions and will not enter into an agreed order for paternity testing in such circumstances. If the court determines, based upon the results of genetic testing, that the adjudicated or presumed father is not the biological father, the court will set aside a previous finding or establishment of paternity; find that there is no future obligation of support; order that any unpaid support owed under the previous order is vacated; and order that any support previously paid is not subject to refund.

If the name of the adjudicated or presumed father appears on the birth certificate of the child, the court will issue an order requiring the birth certificate be amended to delete the name of the father. It is the parent's responsibility to contact Vital Records to have the birth certificate corrected.

ADMINISTRATIVE PATERNITY TESTING

If the parentage of a child has not been established, OCSE shall send a notice to the putative father stating it is alleged that he is a biological parent of the child. The notice shall inform the party that he, the putative father, and the mother of the child may sign an affidavit acknowledging paternity, and that either party may request scientifically-accepted paternity testing to assist in determining the identity of the child's father.

In all OCSE cases where paternity is an issue, upon a sworn statement by the mother or putative father, alleging or denying paternity, OCSE will issue an administrative order for paternity testing that will require the mother, putative father, and minor child to submit themselves for paternity testing. OCSE will cause a copy of the administrative order for paternity testing to be served by certified mail on the mother and putative father.

Any party to an administrative order for paternity testing may object to the order and request an administrative hearing within 20 days of receiving the order. The purpose of the administrative hearing will be limited to whether the paternity testing under the administrative order should be conducted.

OCSE will initially pay the costs of administrative paternity testing in open enforcement cases. Those costs will be assessed against the putative father if paternity is established. If the putative father is excluded as the biological father, the mother is responsible for the cost of testing (does not apply in TEA or Medicaid cases). Recovery of the costs of paternity testing by OCSE through all available processes will be initiated, including income withholding when appropriate.

Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting. OCSE will assist the objecting party in obtaining such additional testing, if requested.

If the results of paternity testing establishes a probability of inclusion that the putative father is the biological father of the child, then OCSE may file a complaint for paternity and child support in the circuit court.

SUIT TO DETERMINE PATERNITY

OCSE is authorized by State law to initiate a court action to establish paternity.

OCSE is not required to attempt to establish paternity in any case involving incest, forcible rape, or any case in which a legal proceeding for adoption is pending, if, in the opinion of an OCSE Field Manager, it would not be in the best interest of the child.

OCSE will not initiate court action to establish paternity or support while the putative father is incarcerated. The caseworker will contact the putative father and provide an opportunity for him to voluntarily acknowledge paternity by signing the AOP if he so desires. OCSE will arrange for genetic testing at the request of the mother or the incarcerated putative father. However, no other action to establish paternity or support may proceed while the putative father is incarcerated.

Long-Arm Jurisdiction

Arkansas courts may exercise jurisdiction over a putative father or a legal father who resides in another state when any of the following conditions provided in state law are met:

* The individual is personally served with a summons within Arkansas.

* The individual submits to the jurisdiction of this state by entering a general appearance or by filing a responsive document having the effect of waiving any consent to personal jurisdiction.

* The individual resided with the child in Arkansas.

* The individual resided in Arkansas and provided prenatal expenses or support for the child.

* The child resides in Arkansas because of the acts or directives of the individual.

* The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.

* The individual asserted parentage in the Putative Father Registry maintained in Arkansas by the Department of Health.

* There is any other basis consistent with the constitutions of Arkansas and the United States for the exercise of personal jurisdiction.

The long-arm provision should be used before any other interstate action when it is confirmed that the putative father lives in another state when permitted under state law. Action to establish paternity will be filed in the child's county of residence.

The long-arm provision applies to the establishment of paternity and/or the establishment of a support order.

Note: Uniform Interstate Family Support Act recognizes that an intrastate case is preferable to an interstate case. Therefore, only pursue interstate remedies when all avenues for intrastate relief have been exhausted.

Establishing Paternity When A Parent is Deceased or Unavailable

State law authorizes genetic testing to establish paternity if the biological mother is deceased or unavailable (whereabouts are unknown). If the mother is deceased or unavailable, a relative who is willing to submit to genetic testing may be included in the testing process. The testing lab will advise OCSE regarding the participation of the relative.

OCSE will open a case and attempt to establish paternity and a support order in the case if the mother is the deceased parent and the child is living with a caretaker relative such as an aunt or grandmother.

If the putative father is deceased, OCSE will not accept referrals or an application to establish paternity.

TIME FRAMES FOR ESTABLISHING PATERNITY/SUPPORT

Federal regulations require states to implement an expedited process for paternity establishment. OCSE is required to establish paternity, when necessary, and establish a child and medical support order within 90 calendar days of locating the putative father, or complete the service of process necessary to commence proceedings to establish a support order. Unsuccessful attempts to serve process must be documented.

PETITION FOR SUPPORT

OCSE will initiate actions to establish paternity (when necessary) and support in the appropriate circuit court on behalf of customers of OCSE with an open enforcement case. When the custodial party receives assistance or has contracted with OCSE for support services, a petition may be filed to require the noncustodial parent or both parents, if the child has been placed in Foster Care, to provide support. If the noncustodial parent is incarcerated, an order for support will be sought only after the individual has been released. The most recent Family Support Chart must be used to determine the amount of support.

Supplemental Security Income Benefits

The Arkansas Supreme Court has held that an order for child support payments may not be based upon income from Supplemental Security Income benefits.

Social Security Disability Benefits

When establishing support when disability benefits are being paid, the spouse and dependant benefit will be taken into account in determining the noncustodial parent's income. For example, the noncustodial parent's benefit amount plus any separate awards made to the disability recipient's spouse and children equals the total income for the noncustodial parent as defined by the Arkansas Supreme Court's guidelines for setting support.

Proof Of Income

OCSE will include in all petitions for an order for child support that the custodial party be entitled to request proof of income annually, in writing by certified mail from the noncustodial parent and that the noncustodial parent must respond by certified mail to the request within 15 calendar days of receipt. If new income information is provided by the custodial party or the noncustodial parent, OCSE will take legal action to modify the order, if appropriate

BANKRUPTCY

Paternity and child support may be established even though the noncustodial parent has filed bankruptcy without having to seek relief from the automatic stay. If OCSE receives a notice of bankruptcy, the attorney must review the case to determine the next appropriate action.

MEDICAL SUPPORT

Federal law protects the individual's right to privacy with regard to his or her medical histories and medical insurance coverage. For the purposes of preparing for court, OCSE can ask employers if medical support is available to a noncustodial parent or putative father. OCSE can also ask employers if children listed in the case are covered, but not about other children the employee may have covered.

Securing Medical Support

Every court order must address the medical insurance needs of the child. OCSE will determine the availability of health insurance for both parties through interview and verification of employer records and present that information to the court so that a determination can be made as to which party is in the best position to provide coverage. Each order will address who should provide coverage and whether the other party should contribute to the cost of the premium, or that neither party has health care coverage available that is reasonable in cost and accessible to the child. OCSE will verify that insurance is provided. "Reasonable cost" as it pertains to insurance premiums and/or cash medical support and "accessible coverage" are defined in the Arkansas Supreme Court Guidelines for Setting Child Support Obligations (Administrative Order #10).

OCSE will provide information to the custodial party and the Medicaid agency (if the child(ren) are receiving Medicaid benefits) regarding the health insurance policy including, but not limited to, the name, address and phone number of the health insurance organization, benefits covered under the plan, the policy number, claim forms, membership card, and any other information needed to file a claim.

EXPEDITED PROCESS FOR ESTABLISHMENT CASES

Federal regulations and State law require that action to establish child support obligations be taken within certain time frames. OCSE must, within 90 calendar days of locating the putative father or noncustodial parent and regardless of whether paternity has been established, establish an order for support, complete service of process necessary to commence proceedings, or document unsuccessful attempts to serve process despite diligent efforts to obtain service of process. If the court dismisses a petition for a support order without prejudice, OCSE must, at the time of dismissal, examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future.

Additionally, in all cases in which an order of support needs to be established and regardless of whether or not paternity has been established, action to obtain the order of support must be completed within 6 months of the date of service in 75% of such cases and within 12 months from the date of service in 90% of such cases.

If long-arm jurisdiction rules to establish paternity and support are used, paternity establishment and/or support order establishment should be completed within 12 months of service of process. Paternity establishment and support order establishment should be completed as one action when appropriate.

SERVICE OF PROCESS

Guidelines For Diligent Efforts To Obtain Service Of Process

Attorneys representing OCSE are responsible for selecting the appropriate method of service. The method must be selected and action taken to obtain service within three business days of the date on which the Summons or Contempt Citation was issued.

The sheriff may elect to serve legal papers in some counties. If the sheriff is unable to obtain service, the papers may be forwarded to the process server contracted to provide service of process in the county. If the sheriff elects NOT to serve legal papers, the process server who has contracted with OCSE to provide service of process may be used.

Monitoring The Request For Service Of Process

Service by Sheriff or Process Server

* If proof of service has not been returned within 14 calendar days of mailing, the sheriff or process server must be contacted to determine whether service has been obtained and, if not, whether the address provided has been determined to be inaccurate.

* If the address is inaccurate the attorney must immediately refer the case to the caseworker for relocate. The caseworker shall attempt to relocate the noncustodial parent and provide the attorney with a new address for service of process.

* If service is still being attempted using the address provided, follow up shall be made again 14 calendar days afterwards.

Service by Restricted Delivery Mail

* If the return receipt is not received within 30 calendar days, it shall be assumed that the service is unsuccessful, and request for service must be sent to the sheriff or process server within 35 calendar days after the restricted delivery was mailed.

* If the restricted delivery service is returned unclaimed, but with the appearance that the address is still good, request for service shall be sent to the sheriff or process server within two business days.

* According to applicable Rules of Civil Procedure, if the restricted delivery service is returned marked "Refused" by the post office, it shall be re-mailed by first class mail within two business days of the return along with a notice that despite such refusal the case will proceed and that judgment by default may be entered against the defendant unless he or she appears at the hearing.

* If the restricted delivery service is returned with an indication that the address is no longer good, the file shall be referred to the caseworker for relocate immediately.

All efforts of service of process must be documented in the case file and ARCSIS note screens.

Chapter 5 ENFORCEMENT

ENFORCEMENT OF SUPPORT OBLIGATIONS

OCSE will pursue collection of child and medical support obligations and utilize all appropriate administrative and judicial remedies available under State law. Once an order is established, the noncustodial parent is responsible for making payments by the date set in the order. Enforcement of support obligations will be initiated on the date the noncustodial parent fails to make payments in an amount equal to one month of support.

Upon completion of legal activity necessary to establish an obligation for support and the amount of the support obligation, the case will be returned to the caseworker, who will be responsible for monitoring payments made by the noncustodial parent to ensure that he or she complies with the support obligation. A child support obligation commences on the date specified in the order. If no start date is set out in the order, the first payment falls due on the date the order was filed with the clerk of court.

Enforcement through income withholding, intercept of unemployment benefits or workers' compensation benefits, income tax intercept, additional payments ordered to be paid on the child support arrearage or judgment, contempt proceedings, or any other means of collection shall be available for the collection of a child support arrearage or judgment until such is satisfied.

Administrative Remedies

Caseworkers must use all appropriate administrative methods as described in this chapter to enforce orders as the remedy of first choice. If administrative remedies have failed or are unavailable, court action to enforce orders should then be used as a last resort.

Administrative Subpoenas

The Administrator or a designee is authorized to issue an administrative subpoena for any financial or other information needed to establish, modify, or enforce a child support order to any individual or organization reasonably believed to have information on the financial resources of a noncustodial parent or putative father.

A court may compel compliance with an administrative subpoena, impose penalties of up to $100 for each day after 60 days of receipt of a request, and may award attorney fees and costs to OCSE upon proof that an individual or organization failed to comply with the subpoena without cause.

Subpoenas are served in the manner provided by law. OCSE will make and keep a record of all subpoenas issued.

Delinquency Notices

OCSE may send a delinquency notice to the noncustodial parent when the unpaid support equals 30 days' obligation.

Interest

The owner of the judgment or the counsel of record of the owner of the judgment may request in writing, prior to the entry of a judgment on arrears, that interest not accrue on past due support.

If interest is reduced to a judgment by the court or the amount of interest owed is received as a sum certain from another state, OCSE will include the sum certain amount as child support debt owed and collect by all appropriate enforcement means.

In a case where no sum certain is designated by the court and the custodial party wishes to collect interest, the custodial party may obtain, at his or her own expense, a certified calculation of the total amount of interest owed from a licensed accountant or other reliable financial source. The calculation must be accompanied by a professional opinion on official letterhead that states the calculation is reasonable based on the information provided for the calculation and is calculated in accordance with State law pertaining to child support interest. Documentation supporting the calculation must be attached in order for OCSE to include the interest amount as a child support debt.

Income Withholding

Income withholding is generally used as an initial enforcement effort if the noncustodial parent is employed or if there is another source of periodic income subject to withholding.

OCSE will include a provision for income withholding in every child support order. In those cases where income withholding is not in effect, OCSE will take all necessary and appropriate actions to implement income withholding when the arrears are equal to or exceed 30 days' obligation. Income withholding has priority over any other legal process under State law against the same wages.

The law requires that all support orders or decrees include a provision directing the employer to deduct sufficient amounts to meet both the periodic support obligations plus an additional payment to apply against any accrued arrearage. The amount to be applied against the arrearage shall be the amount stated in the order expressed as a dollar amount or percentage, or 20% of the periodic payment if not specified by the order. The order of income withholding will be effective immediately unless there is a finding of good cause not to begin immediate income withholding or the order reflects the parties' agreement to other arrangements.

The income withholding law applies to existing orders as well as those entered after the enactment of applicable statutes.

Initiated Income Withholding

State law provides for payment of child support obligations by mandatory initiated income withholding. Once a child support obligation is established under a court order authorizing income withholding, no further court action is required to implement the procedure to collect support from the noncustodial parent's wages or other income. Initiated income withholding must take effect when the amount of the delinquency is equal to the total court-ordered support payable for 30 calendar days and upon proper notice to the noncustodial parent. The provision will also apply when partial payments have been made but total arrears are equal to the obligation due for one month.

Immediate Income Withholding

Orders, judgments, and decrees should contain a provision for immediate income withholding. There are two exceptions:

Chapter 6 MODIFICATION

REVIEW AND ADJUSTMENT

Child support obligations may be reviewed and adjusted, if appropriate, once every 36 months at the request of either party or a state, if an assignment of rights exist. There must be a change in the noncustodial parent's gross income in an amount equal to or more than 20% or more than $100 per month in order to petition the court for modification of the obligated child support amount based on the Family Support Chart. The order must be an Arkansas order or an order that Arkansas can assume continuing exclusive jurisdiction (CEJ) to modify.

Transitional Employment Assistance (TEA) cases will be reviewed and adjusted, if necessary, once every 36 months. A request from a party is not required. Each TEA case will be reviewed at the time of referral to determine if review and adjustment is appropriate.

Either party or a state child support agency, if an assignment of rights exists, may request review of a child support order more often than once every 36 months if a significant change in circumstances exists. The burden of proof is on the requesting party. A review more often than once every 36 months may be appropriate if one or more of the following circumstances exist:

* Support was set at the chart minimum because the noncustodial parent was unemployed or under-employed at the time, and new evidence shows that he or she is employed or more gainfully employed.

* The noncustodial parent is unemployed through no fault of his or her own and unemployment is likely to continue for an extended period of time.

* The noncustodial parent becomes permanently disabled which is medically verified by a doctor's statement and/or Social Security Disability benefits claim forms.

* The noncustodial parent has provided income information to OCSE at the request of the custodial party and otherwise meets the criteria for a review as outlined in State law.

* The oldest child will turn 18 or otherwise emancipates and one of the parties requests review of the support amount for the remaining children.

Notices

Notice of the right to request review and adjustment will be provided to both parties not less than once every three years. Parties requesting a review must sign the Request for Review and Adjustment form. The non-requesting party will receive notification that a review will be conducted. Both parties will receive a Notice of Review Determination upon completion of the review. OCSE will follow Arkansas law with regard to the notice required to modify an order. If OCSE determines there is no adjustment needed and the parties wish to pursue the issue in court, they may do so on their own or with the help of a private attorney.

Review And Adjustment Of Interstate Cases

Interstate cases will be reviewed and adjusted upon the request of another state or either party in another state only if the order is an Arkansas order, or if Arkansas can assume continuing exclusive jurisdiction.

Adjustment Of Child Support Obligations Remaining When The Obligation For One Child Expires

The child support amount shall be automatically reduced for the remaining children in a support order when the support amount for one child ends. The support amount must be recalculated based on the most recent version of the Family Support Chart. Administrative Rule 10 requires that net income be applied to the chart when determining the support amount. If the income amount is not listed in the current support order, the court must determine the new support amount. If the most recent order was entered prior to the adoption of the chart or if the court deviated from the chart when setting the amount of support, the new support amount will be decided by a court.

The three-year limit on requests for review and adjustment does not apply in these cases unless the support amount was reviewed within the last three years and the issue of adjusting the support amount for the remaining minor children was addressed at that time.

Termination Of Support for Home Schooled Children

Parents who wish to home school their children are required to file a Notice of Intent to Home School with the local school district at the beginning of each school year. The notice will indicate the grade level completed the last school year and the grade level the student is in for the current school year. Parents determine the grade level of the home-schooled child. The State Department of Education (DOE) does not monitor the home school setting or the progress of the child. Home schooling is unaccredited work and does not lead to a high school diploma but is a legally recognized equivalent for school attendance.

The child support obligation for the home-schooled child will continue until the child's 18th birthday unless the custodial party can produce a copy of the Notice of Intent to Home School. Upon proof that the child is home schooled, support will continue until the end of the school year after the child reaches 19 years of age or receives a GED certificate, whichever is earlier.

Termination of a Support Obligation

A noncustodial parent's duty to pay child support for a child shall automatically terminate by operation of law when the child reaches 18 years of age unless the child is still attending high school. If the child is still attending high school, the support obligation ends upon the child's high school graduation or the end of the school year after the child reaches 19 years of age, whichever is earlier, or when the child is emancipated by a court of competent jurisdiction, marries, or dies unless the court order for child support specifically extends child support after such circumstances. It is the policy of OCSE to cease wage withholding for child support when one of the above conditions is met, unless an arrearage exists. The obligation ceases when the custodial party dies or the parents marry each other. The obligation will terminate when a final decree of adoption or an interlocutory decree of adoption that has become final. If the parental rights were terminated under the provisions of Ark. Code Ann., § 9-27-341, support ends when parental rights are terminated

ADJUSTMENT OF SUPPORT

Visitation

Arkansas law provides that the noncustodial parent is to provide written notification to the clerk of court within 10 calendar days when abatement or reduction of child support should occur due to extended visitation. The noncustodial parent is to provide copies of this notice to his or her employer, if income withholding is in effect, and the Office of Child Support Enforcement, if applicable. The law specifically provides that it is the responsibility of the noncustodial parent to provide this notification.

It is the responsibility of the noncustodial parent to inform the employer to abate or reduce child support in accordance with the court order and when to resume the payment of child support. OCSE is not responsible for contacting the employer to instruct that the changes be made or to send a wage withholding.

Arkansas law does not require that the noncustodial parent is responsible to notify the custodial party of abatement or reduction of child support due to the visitation. However, in order to ensure that arrearage balances remain accurate, if a notice is received indicating that the child support obligation should be reduced for the period of the visitation, the caseworker should verify with the custodial party that the noncustodial parent has had custody of the dependant(s) for the time specified. Any necessary adjustments to the system should then be made in accordance with the court order. If it is revealed that the noncustodial parent did not have the dependant(s) for the time reported, any failure to pay the correct amount of support may be considered in a future contempt action.

Social Security Disability Benefits

When modifying support when disability benefits are being paid, the spouse and dependant benefit will be taken into account in determining the noncustodial parent's income. For example, the noncustodial parent's benefit amount plus any separate awards made to the disability recipient's spouse and children equals the total income for the noncustodial parent as defined by the guidelines for setting support.

INCREASE IN SUPPORT

As required by State law and if provided by the court order, OCSE will, upon receipt of notice of proof of income, review and petition for modification of child support, if appropriate, within 30 days or receipt of the information evidencing an increase in the noncustodial parent's income of 20% or $100 per month.

The custodial party must initiate the request for information. Any other request from either party for a review or modification of the support amount is subject to OCSE procedures for review and adjustment.

Chapter 7 CASE CLOSURE

CASE CLOSURE CRITERIA

Federal regulations and State policy outline strict guidelines for determining when it is appropriate to close a child support case. Arkansas Child Support Information System (ARCSIS) closure codes are tied to each of the federal criteria. The case must remain open if the circumstances of the case do not match one of the closure criteria. The following are the only acceptable reasons for closing a case:

. The non-TEA applicant for child support services requests closure in writing and there is no assignment to the State of medical support or of arrearages that accrued under a support order.

. No continuing current support is owed under an existing order and either no arrears are owed to the State or such arrears are less than $500 and there has been no payment in the preceding 90 days. OCSE may close a case meeting this criterion, but closure is not required. The case will remain open if a wage assignment is in place or the case qualifies for certification to State or Federal income tax offset programs. The caseworker will consider the combined balance of all debt types still outstanding in each case when deciding if the case meets the criteria for automatic certification to the income tax offset programs.

* Child support has been abated and arrears are less than $500 or the order is unenforceable under State law.

* The noncustodial parent or putative father is deceased and there is no estate, verified by probate court records.

* The putative father has been excluded by genetic testing, and the court has determined that paternity should not be established or support should not be paid. In TEA cases, if the putative father has been excluded, the case will remain open until a new referral has been received from the Department of Human Services (DHS) or non-cooperation procedures have been completed.

* The putative father is unknown and cannot be identified. If the putative father is unknown, the custodial party must be interviewed in person or by phone in an effort to identify him.

* Case closure is in the best interest of the child. The OCSE has determined that to establish paternity would not be in the best interest of the child in a case involving incest, forcible rape, or in any case where adoption proceedings are pending.

* Cases with lost noncustodial parents can be closed if all methods of locating the noncustodial parent have been exhausted for threeconsecutive years when sufficient information for automated locate is known. Attempts to locate must be repeated at least quarterly including interviewing the custodial party. The case must be reopened if new information becomes available.

* Cases with lost noncustodial parents can be closed if all methods of locating the noncustodial parent have been exhausted for one year when sufficient information for automated locate is not known. Attempts to locate must be repeated at least quarterly including interviewing the custodial party. The case must be reopened if new information becomes available.

* The noncustodial parent will be institutionalized or incarcerated for the duration of the child's minority.

* The noncustodial parent has medically verified total and permanent disability and has no income or assets with which to pay support.

* The noncustodial parent is a citizen of a foreign country with which Arkansas has no reciprocity, and the noncustodial parent does not work for the U. S. government or a company whose headquarters are in the United States.

* The case was open for State Parent Locate Services only and the locate services have been provided.

* Non-TEA and former TEA cases may be closed if OCSE is unable to contact the custodial party within a 60 calendar day period despite an attempt by at least one letter sent by first class mail to the custodial party's last known address. If efforts to locate the custodial party have failed after 60 calendar days, send a 60-day closure notice to the last known address (120 days total). Medicaid, TEA, and Food-Stamp screens must be checked prior to closing the case.

. Non-TEA cases can be closed for non-cooperation upon proper notice to the custodial party, provided OCSE has done everything possible and, due to the non-cooperation, legal action is not possible. (TEA, mandatory Medicaid, and foster care cases cannot be closed due to non-cooperation.)

* There has been a finding of "Good Cause," and the State or local IV-A, IV-E, or Medicaid agency has determined that support enforcement may not proceed without risk of harm to the child or custodial party.

* OCSE documents failure by the initiating state to take an action that is essential for the next step in providing service.

Notice Of Case Closure

The caseworker must notify the custodial party in writing 60 days prior to the closure date of the intent to close a case. There are three exceptions:

* The non-TEA recipient of child support services requests closure in writing and there is no assignment of medical support.

* The case was opened for State Parent Locate Services only and the location services have been provided.

* The IV-A, IV-E, or Medicaid worker has made a "Good Cause" determination.

If the custodial party is deceased, the 60-day closure notice should be sent to the person in charge of closing out the custodial party's business affairs or to the custodial party's last known address.

Case Closure May Be Prohibited Under Certain Circumstances

A case cannot be closed if the custodial party can provide information that would aid in establishing or enforcing a court order. Cases that are closed after diligent efforts to locate prove to be unsuccessful must be reopened at no cost any time the custodial party can provide new information or when circumstances change that would allow for successful resolution of the case.

A case cannot be closed because the OCSE agency has attempted all legal remedies available without success. When enforcement attempts fail, the caseworker must review the file to determine the reason enforcement has failed and when taking the next action will be appropriate. The attorney should review the case to determine when the next appropriate legal action may be taken.

Closing Cases When Legal Action Is Pending

If legal action is pending at the time the applicant requests closure, OCSE has two options dependent on direction from the applicant for services:

* Dismiss all action without prejudice.

* Substitute the applicant as Plaintiff or moving party and withdraw.

Both parties must be advised by the attorney of their rights and responsibilities in writing at the time of closure with regard to where their case stands in the legal process and the ramifications of stopping the legal action at that point. OCSE will withdraw from the case so that the parties can continue on their own if they so desire.

Closure For Interstate Cases

Federal regulations authorize the responding state to close an interstate case when it documents a failure on the part of the initiating state to take an action that is essential for the next step in providing services. One exception involves income withholding. If a state using authority under its UIFSA statute sends a withholding notice directly to an employer in another state, it cannot be considered non-cooperation and a rationale for case closure by the employer's state that is otherwise processing an interstate case for the state that sends the direct withholding.

When making a decision regarding whether or not an initiating state has failed to take an action that is essential to the next step in providing services, take into consideration the requirements and time frames outlined in federal regulations.

A 60-day closure notice must be sent to the initiating state before a case can be closed. OCSE is not required to send a closure notice to the custodial party. It is not the responding state's responsibility to be in direct contact with the custodial party in the initiating state.

The initiating state must be notified within 10 working days of locating the noncustodial parent in another state. The case may not be closed until the initiating state has directed the responding state to either return the forms or forward the case to the noncustodial parent's new location. The case may be closed only after notification that receipt of the transferred case has been acknowledged.

Interstate cases cannot be closed unless one of the criteria for closure is met. The caseworker is responsible for ensuring that the address for future payments is correct when closing an interstate case. If the order is from another state, two attempts to obtain the address must be made. The second attempt should be in writing advising the initiating state that money may be returned to the noncustodial parent if a good address is not provided. Collections based on Arkansas orders will be retained until a good address is provided.

Chapter 8 FINANCIAL

The Arkansas Child Support Clearinghouse receives, posts, and uploads daily payment files to the data system which automatically distributes child and medical support payments for enforcement, payment processing, and split-debt cases.

In all cases brought pursuant to Title IV-D of the Social Security Act, the court must direct that all payments be made through the Arkansas Child Support Clearinghouse.

COST/FEES FOR SERVICE

All orders entered or modified after January 1, 1998, directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse must set a fee to be paid by the noncustodial parent or obligated spouse in the amount as set forth by State law, until no children remain minor and the support obligation is extinguished and any arrears are completely satisfied.

Payments made for this fee may be made on an annual or quarterly basis online through the OCSE website, in the form of a check or money order payable to OCSE, or such other legal tender that OCSE may accept. This fee payment is separate and apart from the support payment, and under no circumstances will the support payment be reduced to fulfill the payment of this fee.

In all enforcement cases, costs are charged to the custodial party who applies for OCSE services except when the custodial party or child receives Medicaid. Costs and fees are not charged in enforcement cases that are open because of a referral from DHS.

NOTE: Pursuant to federal regulations, no fees may be charged in any Title XIX (Medicaid) cases. This includes all Medicaid categories, regardless of whether OCSE receives a referral from DHS. If the child is the only recipient of Medicaid or the child receives SSI and Medicaid, OCSE will provide child support services upon the application of the custodial party, free of any charges. An application fee cannot be charged. Cost previously charged may not be recovered while the family receives TEA or Medicaid.

Fees or costs for services including but not limited to legal fees noted below, generated because of a breach by the noncustodial parent of an agreement or a court order, will be incorporated into the request for relief and reduced to judgment in favor of OCSE against the noncustodial parent. See below for the cost schedule.

Application Fee - The application fee per noncustodial parent is $25. This is a flat fee that is paid by the applicant at the time the application for assistance is submitted. The application fee is nonrefundable and nonreimbursable.

Base Cost - Base cost is charged the first of each month if a payment was received during the previous month. The base cost is 13% of the amount disbursed to the family for the previous month up to a maximum of $18 per month.

Legal Action

* Initiation of Legal Action, $80. Assessed when complaint, motion or petition with summons, order and citation, affidavit and arrest warrant or notice/order of hearing is prepared and forwarded to the clerk for processing.

* Out-of-Court Settlement, $100. Assessed when court action is resolved prior to court appearance in all cases.

* In-Court Settlement, $150. Assessed when court action is resolved at the court appearance without trial.

* Trial $250. Assessed when court action is resolved by the court after hearing.

Paternity Testing - The cost of paternity testing will be paid by the applicant for services if the putative father is excluded.

Other

* Actual Costs will be assessed based on actual costs incurred by the agency for monies expended for transcripts of trials or depositions, HLA chemical tests, DNA Genetic Tests, IRS full collection process, filing fees, and all other court costs. Also included is federal offset program fees, not to exceed $25, if the offset is over $100. Service of process fees will be charged to the noncustodial parent in an amount equal to the actual cost or $50, whichever is less.

* Financial Institution Levy Fee, $35. This fee will be charged for each levy that results in a monetary recovery from a participating financial institution.

* Insurance Claim Levy Fee, $35. This fee will be charged for each levy that results in a monetary recovery from an insurance claim.

Costs assessed while the case is an open enforcement case are recovered from child support payments collected by withholding 13% from any payment received through the Arkansas Child Support Clearinghouse. If unrecovered costs exist when the case becomes a payment processing case (non-IV-D case), OCSE will collect the unrecovered costs by withholding 13% from any payment received through the Arkansas Child Support Clearinghouse, by offsetting the state income tax refund due the custodial party, or both.

OCSE may petition the court for recovery of any existing costs for child support services and court costs from the noncustodial parent.

Cost Recovery

OCSE will use quarterly billing statements in an effort to increase the collection of court costs and other fees charged to the custodial party and noncustodial parent. Quarterly payments may be made on the total fee balance.

The statements will include the balance owed for fees previously assessed, including court costs and genetic testing fees that have not been paid, an itemized list of all fees assessed during the quarter, and payments received during the previous three months. Fee billings will be sent in the following cases:

* The case must be an open enforcement or active payment processing case.

* The case must have a positive fee balance due.

* For open enforcement cases, the member cannot be in bankruptcy. Payment processing cases where the noncustodial parent is in bankruptcy will still be billed for fees.

* For payment processing cases, the administrative fee will not be assessed in the year that the case is entered in the system.

Debt Recovery

The OCSE Debt Recovery Section concentrates on the collection of administrative fees and costs that have remained unpaid after the case is closed.

OCSE will make collection efforts in situations where income withholding is not possible. Those efforts may include, but are not limited to the following:

* Seeking judgment for past due amounts

* Garnishing wages or bank accounts

* State income tax refund offset

* Reporting to the Credit Bureau

DISTRIBUTION

Amounts collected in open enforcement cases, with the exception of federal income tax refund offsets, are distributed first to the support obligation due in the month in which the payment was collected. Amounts collected in excess of the monthly support amount are treated as a payment on the required support obligation for previous months, otherwise referred to as arrears.

IRS collections will be retained by the State to satisfy assigned arrears, if any. Collections applied to state arrears that are in excess of the unreimbursed grant will not be retained but will be paid to the custodial party.

Any payment that is collected for a child receiving IV-E Foster Care that is a payment on the required support obligation for the current month will be retained by the State to reimburse Foster Care maintenance payments.

In TEA and title IV-E Foster Care cases in which conversion to a monthly amount is necessary because support is ordered to be paid other than monthly, OCSE may round off the converted amount to whole dollar amounts for the purpose of distribution.

The date of collection is the date the payment was received at the Arkansas Child Support Clearinghouse.

Payments received by the Arkansas Child Support Clearinghouse are disbursed to the custodial party.

Separation Of Cash Handling And Accounting Functions

Federal regulations require that individuals who have the responsibility of handling and issuing receipts may not participate in accounting or record keeping functions. Therefore, the person who accepts payments and makes receipts must not be the same person who transmits and deposits monies.

Office Security

It is OCSE's policy to handle all payments received, including checks to be disbursed, in a secure environment. Procedures and internal controls are in place for handling payments and checks. When payments and checks are not being processed for distribution, they are locked in a secure file cabinet.

OCSE will ensure that every person who has access to or control over funds collected under the Child Support Enforcement Program is covered by a bond against loss resulting from employee dishonesty.

Payments Received from Noncustodial Parents

Money orders or checks made payable to Department of Finance and Administration are acceptable forms of payments, as well as payments made through the OCSE website or by Western Union. Cash payments are discouraged. When possible, money is deposited in the bank the same day it is received. If the bank returns a personal check unpaid because of insufficient funds, OCSE will pursue payment in the manner required by law.

Payments collected on behalf of a TEA recipient must be paid to OCSE, and may not be paid directly to the family. If a TEA recipient receives money, whether cash or check, directly from a noncustodial parent, the custodial party must forward the money to the Arkansas Child Support Clearinghouse. Failure to do so could result in a loss of TEA benefits. OCSE must notify the

IV-A agency of the amount of the collection, which represents payments on the required support obligation for the month, within ten business days of the end of the month in which the support is received.

If a custodial party who has an open enforcement case receives payment directly from a noncustodial parent, the money must be forwarded to the Arkansas Child Support Clearinghouse to ensure that the payment is properly recorded. Failure to do so may result in OCSE closing the case. If a recipient of TEA or Medicaid fails to report a payment made directly from the noncustodial parent, the result may be a reduction in or a loss of benefits. OCSE must notify the IV-A agency of the amount of the collection, which represents payments on the required support obligation for the month, within 10 business days of the end of the month in which the support is received.

Federal/State Tax Intercept

OCSE will certify noncustodial parents who have child support arrears for Federal and State tax offset, according to Federal regulations and OCSE policy. Amounts collected through Federal income tax refund offset must be paid to arrearages. State tax intercepts are distributed to current support, arrears, and fees, respectively. IRS offsets received by OCSE may be distributed to reflect payment on the case(s) but the actual disbursement of the payment may be held for up to six months if the refund is based on a joint tax return.

In non-TEA cases, if the case is certified and the custodial party notifies OCSE in writing subsequent to the certification that the case is to be closed, OCSE will delete the certification, notify the Department of State to release any resulting passport flag, and return any funds that may be intercepted after the effective date of the closure to the noncustodial parent. If TEA arrears are owed to the State, the amount certified will be reduced to that amount and a tax intercept up to the certified amount will be retained for arrears owed.

Spousal Share of Tax Intercepts

Federal regulations allow states to delay the disbursement of collections from IRS income tax refunds when a noncustodial parent files a joint return with his or her current spouse. The custodial parent's disbursements, resulting from the offset collection based on a joint return will be held for six months to allow the IRS time to process any Injured Spouse claim.

To prevent the spousal share of the tax refund from being offset, the current spouse must file IRS Form 8379, Injured Spouse Claim and Allocation. If Form 8379 is filed at the same time the tax return is filed, IRS will determine if any portion of the refund is owed to the injured spouse based on the person's income and tax debt. IRS will only offset the noncustodial parent's share of the tax refund and forward that amount to OCSE. The information we receive from IRS will indicate that the injured spouse claim has been resolved. The offset amount to be disbursed to the custodial party will not be held for six months.

DISBURSEMENT

State and federal law requires OCSE to make payment directly to the custodial party. There are three exceptions:

Chapter 9 ADMINISTRATIVE HEARINGS

PURPOSE

The purpose of an OCSE administrative hearing is to provide an opportunity for the review of an administrative action, before that action is taken, that a party believes will be adverse to their interest. For the purpose of an administrative hearing, a party is an account holder, custodial party, or noncustodial parent.

Administrative hearings are conducted by attorneys within the General Counsel section. Administrative hearings cannot be held for issues that solely assert an objection to federal or State laws or regulations or that dispute the amount of child support arrears as calculated by the OCSE caseworker. Additionally, complaints regarding visitation, paternity determinations, wage withholding or the amount of court ordered child support can only be reviewed by the court. If the basis for the hearing request involves any of the following issues that can be resolved by an agency decision, a hearing may be held:

* Federal tax offset

* State tax offset

* Financial Institution Data Match (FIDM)

* Insurance settlements or accounts

* Suspension of driver's license, permanent license plates, recreational, or professional licenses

* Custodial party noncooperation

* Release of address information

OCSE does not have the authority to address complaints regarding denied visitation, paternity determinations, or amount of court-ordered child support. These complaints must be addressed by the court.

INITIATING AN ADMINISTRATIVE HEARING

A party, or their attorney, may request an administrative hearing by submitting a written request to the office specified on the notice of the intended administrative action. That request must be received within the timeframe specified on the notice. As a convenience, an Administrative Hearing Request form is available in all local OCSE offices and on the OCSE website at www.childsupport.arkansas.gov.

The request for an administrative hearing must contain information sufficient to determine the following:

A statement of the specific action for which a hearing is requested

* The reason the party believes the action should not occur

* The relief or other action the requesting party is seeking.

Timeframes in Which to Request an Administrative Hearing

The party against whom the proposed action is to be taken must submit a written request for an administrative hearing to the local child support office within the following timeframes from the mailing date of the notice of intent/pre-offset notice.

* Federal tax offset - 30 days from the date of the notice

* State tax offset - 30 days from the date of the notice

* Financial Institution Data Match (FIDM) - 10 days from the date of the notice

* Insurance settlements or accounts (CSLN) - 15 days from the date of the notice

* Suspension of driver's license; permanent license plates; recreational or professional licenses - 30 days from the date of the notice.

* Custodial party noncooperation - 30 days from the date of the notice

* Release of address information - 20 days from the date of the notice

SCHEDULING HEARINGS

The hearing officer will schedule the hearing to afford the parties, and their attorneys, if any, notice of the date, place, and time of the hearing. The hearing may be rescheduled at the discretion of the Hearing Officer or at the request of any party upon a showing of good cause. The hearing scheduling notice shall recite that the obligor's failure to appear for the scheduled hearing will be considered a waiver of the administrative hearing process.

General Counsel section will mail the party a notice setting the time, location, and date of the hearing and advising that he or she has 15 days from the date of the notice to inform the hearing officer of the identity of any OCSE employees they may wish to question during the administrative hearing.

WITNESSES

The party and/or his or her representative will be notified by the General Counsel section that 15 days are allowed from the date of the notice to review the hearing file at the office indicated in the notice. The notice will also advise the party and/or their representative that they may identify OCSE employees who they wish to question during the administrative hearing.

The initiating office should submit the names of any witnesses the office wishes to testify regarding the adverse action taken to the General Counsel section at the time the hearing file is submitted. OCSE employees are required to testify in the administrative hearings upon notification by the General Counsel section. The initiating office representative will be notified by the General Counsel section of any witnesses the party has requested and will have five days from receipt of this notice to identify rebuttal witnesses.

PLACE OF HEARINGS

The hearing will normally be held at the OCSE Central Office, Little Rock, Arkansas. At the request of a party, and/or at the discretion of the hearing officer, the hearing may be held at an OCSE field office or by telephone conference call.

ABANDONING THE ADMINISTRATIVE HEARING REQUEST

If the requesting party fails to appear for the hearing and has not received the consent of the hearing officer to a postponement, the administrative appeal will be considered abandoned.

INITIATING OFFICE

The initiating office will provide pertinent information relating to the issues of the case and be prepared to question any witnesses who are presented as well as the party requesting the hearing. In hearing requests relating to state or federal tax offset, the local office must attempt to contact the requesting party to attempt to resolve the complaint prior to the hearing.

CONDUCT OF HEARING

The hearing will be conducted by a hearing officer who is an attorney assigned by the General Counsel section. No person who participated in the decision that is being appealed may serve as the hearing officer. The administrative hearing will be electronically recorded by the hearing officer or his or her designee. The party who requested the administrative earing may have a designated representative present at the hearing.

HEARING DECISION

The hearing officer will prepare and sign a Final Order based on testimony of the parties, documents presented, and statements of party representatives. A copy of the Final Order will be mailed to the party appealing the adverse action with proof of delivery, (i.e., certified or registered mail, restricted delivery, return receipt requested). A copy will also be provided to the representative of the initiating office.

Judicial Appeals to the Circuit Court

If a party who received an administrative hearing disagrees with the hearing officer's decision, he or she has 30 calendar days after receipt of the final order to file an appeal with the appropriate circuit court for a judicial review.

In noncooperation cases, the custodial party must appeal to the Arkansas Department of Human Services, should they so desire.

INTERSTATE CASES INVOLVING FEDERAL TAX OFFSET

If an administrative hearing is requested in an interstate case, the hearing will be conducted by the state that issued the child support order. When an administrative review is conducted by the issuing state, the decision made by that state is binding. (45 CFR 303.72(g))

GLOSSARY

ACCOUNT HOLDER

An entity whose name appears on an account or has an interest in or otherwise has the legal authority to affect that account including signatories.

ADMISSION

A voluntary or implied acknowledgment, confession, or concession of the existence of a fact, or of the truth of an allegation made by a party to the case.

ADJUDICATION

A legal process that decides a dispute.

ADMINISTRATIVE OFFSET

Part of the Federal Offset Program in which the recurring or nonrecurring payments to an individual from the federal government are intercepted and sent to the certifying state for payment of child support arrears.

AFFIDAVIT

A written statement of facts confirmed or sworn to by the party making this statement, taken before an officer having legal authority to administer an oath, such as a notary public.

ALLOTMENT

A portion of a military personnel's pay deducted for child or spousal support.

ANSWER

A pleading by the defendant in a civil case that contests or admits the plaintiff's allegations of facts set forth in the complaint.

APPEAL

The request of a party to a higher authority to review the rulings made by a lower authority for possible errors that would justify overruling the lower authority's judgment.

APPLICATION

The act of requesting child support services.

ARCSIS

Arkansas Child Support Information System

ARKANSAS CHILD SUPPORT CLEARINGHOUSE

The branch of the Office of Child Support that processes all child support payments for the State of Arkansas. Also known as the Clearinghouse or the State Disbursement Unit.

ARREARAGE

The amount of past due support.

BENCH WARRANT

An order of a court which authorizes an arrest.

BIOLOGICAL MOTHER

Birth mother.

BOND

A sum of money paid by an individual or on his or her behalf to ensure his or her appearance in court or compliance with the court order.

BURDEN OF PROOF

The necessity or duty of affirmatively proving a fact in dispute on an issue raised between the parties.

CENTRAL OFFICE

The administrative offices of the Office of Child Support Enforcement.

CENTRAL REGISTRY

A single unit within the state IV-D agency which receives, disseminates, and has oversight responsibility for incoming interstate OCSE cases, including UIFSA petitions and requests for wage withholding.

CHILD SUPPORT GUIDELINES

A set of principles approved by the Arkansas Supreme Court by which a recommended child support order amount may be determined.

CHILD SUPPORT ORDER

A judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, which provides for monetary support, health care, arrearages or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief.

CITATION