Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 25 - Office of Child Support Enforcement
Rule 006.25.20-001 - Office of Child Support Enforcement Policy Manual

Definitions of common terms and acronyms used in this manual are as follows:

* DHS - The Department of Human Services is also known as DHS.

* Federal OCSE - U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement is the federal government agency that oversees the national child support program.

* IV-D - The Social Security Act, Title IV, Part D provides the authority for the child support program; therefore, child support programs are referred to as IV-D programs and the cases they enforce are referred to as IV-D cases.

* Medicaid - For use in this manual, recipients of Medicaid may also include recipients of Arkansas Works or children who are receiving ARKids 1st A or B.

* OCSE - The Arkansas Office of Child Support Enforcement is also known as OCSE.

* SNAP - The Supplemental Nutrition Assistance Program is also known as SNAP.

* TEA - The Transitional Employment Assistance program is also known as TEA. It is Arkansas' program under the Federal Temporary Assistance for Needy Families (TANF) block grant. For use in this manual, recipients of TEA may also include participants of Arkansas Work Pays.

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.

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 represent neither the custodial party nor noncustodial parent, but rather the State's interest in seeing that children are provided for financially.

As required by federal law, OCSE operates the Arkansas Child Support Clearinghouse, also known as the State Disbursement Unit (SDU), for the collection and disbursement of payments under child support orders in IV-D cases (enforcement) and non-IV-D cases (payment processing). The Clearinghouse also provides necessary technical assistance and information to employers to ensure the collection and disbursement of payments.

An open enforcement case is a case open with OCSE for full child support services or a case for medical support services only. These cases are open either by application, by referral from DHS, or are referred for full child support services by child support agencies in other states, tribes, or countries. These cases may also be referred to as IV-D cases.

A split-debt case is a former enforcement case in which current support and possibly arrears are owed to the custodial party and arrears are also owed to the state, but child support enforcement services are no longer being provided. Any child support payments received are paid to the family, with one exception; any collection received as an IRS Tax Offset will be used to collect what is owed to the state of Arkansas. OCSE will certify those debts owed to the state of Arkansas to the Federal Tax Offset Program for IRS tax intercept only 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 while the case remains in this category.

A payment processing case is a case in which payments are received and disbursed through the Arkansas Child Support Clearinghouse and no other services are provided. These may also be referred to as non-IV-D cases because, even though payment processing is a function of the IV-D program, enforcement efforts as allowed by the IV-D program are not authorized.

The responsibility of OCSE in these cases is limited to receipt, recording, prompt disbursement, and responding to requests for information on the current status of support payments made through the Clearinghouse.

Services provided in payment processing cases are governed by federal regulation and are limited to the following services:

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

* Respond to inquiries regarding lost, stolen or destroyed checks issued by the Arkansas Child Support Clearinghouse

* Provide payment histories upon the request of either party.

* Respond to calls regarding payments received and disbursed.

* Pursuant to federal rules, OCSE will provide a new income withholding notice redirecting payments to the Arkansas Child Support Clearinghouse based upon a request from an employer and after notice to the noncustodial parent and the custodial party.

* Perform routine locate activities of a custodial parent for the purpose of disbursement of a collection.

The following are services that cannot be provided in payment processing cases:

* Any enforcement action; for example, suspension of driver's license, interception of federal or state income tax refunds, passport denial.

* Process a refund of an overpayment.

* Inquire of a noncustodial parent or an employer why support payments ceased.

Cases may be suspended for a specific date in the future only if there is a direct order by a court to cease all collection action as ordered by the court. When a case is suspended, all enforcement action and distributions stop.

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. Personal information regarding the other party will not be released.

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.

Pursuant to Ark. Code Ann. § 9-14-210, 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 contact or visit the non-requesting party or children, 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.

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.

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. As required by federal regulation, all payments received by OCSE will continue to be disbursed directly to the custodial party.

Federal and State law and regulation require that safeguard measures be in place to secure federal tax information (FTI), Personally Identifiable Information (PII), Federal Parent Locator Service (FPLS) information, and child support program information. Upon discovery of a possible improper inspection or disclosure of such information, employees shall follow OCSE procedures to report the incident to the appropriate authorities.

OCSE employees receive annual training for safeguarding information.

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.

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.

Parties who have experience domestic violence with the other parent should notify his or her caseworker immediately. The party may be asked to provide copies of any orders of protection or other information about the situation. OCSE will provide extra protection to information about the whereabouts of the parties.

Good Cause is a term used to identify cases where recipients of Medicaid, SNAP, or TEA are excused from cooperating with child support establishment and/or enforcement services. Good Cause may be made at any time during the life of a case. It should be submitted by the custodial party to DHS when the custodial party believes cooperation with OCSE would not be in the best interest of the child or would create a risk of harm to the child or the custodial party. When OCSE is notified of a Good Cause claim, OCSE will immediately discontinue activity on the case. If the claim is denied, then appropriate child support activities will resume.

In cases where the noncustodial parent has been referred to OCSE because he or she is a recipient of SNAP, but the custodial party does not receive any assistance through DHS, and the custodial party notifies OCSE that continuing to enforce the case is a danger to the custodial party or the children on the case, OCSE will close the child support enforcement case and notify DHS.

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.

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 or in entering into an agreed order. 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.

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 for failure to comply 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.

The federal OCSE operates the National Directory of New Hires (NDNH), a database established for the purposes of assisting state child support agencies in locating parents and enforcing child and medical support orders. Arkansas law established the Arkansas New Hire Reporting Center, located within the Department of Workforce Services. Employers are required to report to the New Hire Registry information on newly hired and returning employees. OCSE receives New Hire records of noncustodial parents in open enforcement cases.

Information received by OCSE from the match is used for the sole purpose of establishing or enforcing child support obligations. When a match occurs, an income withholding notice and a National Medical Support Notice (NMSN), if appropriate, must be sent to the employer within two business days of the receipt of information.

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. This information is shared with OCSE for the purpose of locating individuals who owe child support obligations and for the enforcement of those obligations.

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

Member and applicant Social Security number information is not released publicly and is not subject to disclosure under 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 is a Class B misdemeanor.

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.

As mandated by federal law, the Federal Case Registry (FCR) is a national database that includes all child support cases handled by state child support agencies (referred to as open enforcement or IV-D cases) and all support orders established or modified on or after October 1, 1998 (referred to as non-IV-D cases). It is a database that contains basic case and participant data from each of the state case registries (SCR). SCRs are central registries of child support cases (IV-D cases) and orders (non-IV-D orders) in each state.

The FCR assists states in locating parties that live in different states to establish, modify, or enforce child support obligations; establish paternity; enforce state law regarding parental kidnapping; and, establish or enforce child custody or visitation determinations.

Past due child and medical support for TEA, Medicaid, SNAP, 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 federal OCSE Regional office. 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 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 federal OCSE Regional Office by the Arkansas OCSE Central Office.

The Federal Parent Locator Service (FPLS) is a national locate system managed by the federal OCSE and contains information to help states locate parents and establish and enforce child support orders.

Central Registry within Central Office processes requests for information through the State Parent Locator Services (SPLS) and Federal Parent Locate Services (FPLS).

SPLS is utilized to respond to requests for locate information from other state child support agencies needed for establishing paternity, and/or securing child/medical support for dependent children. Additionally, the SPLS may accept authorized requests from IV-B (Child Welfare Services) or IV-E (Foster Care) agencies as well as acting as the conduit for submitting authorized requests through the FPLS. Authorized external requests are processed by Central Registry.

Disclosure of FPLS information to an authorized person is prohibited 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.

Child Support Enforcement Network (CSENet) is a nationwide network which links state child support enforcement systems. States use CSENet to electronically request or report location, paternity and support establishment, enforcement, and collection information.

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.

Child support services are available to custodial parties who submit a questionnaire and/or application, as appropriate, 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 an application to any custodial party who makes the request. The applicant for services cannot be the child.

* 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.

* Children listed in the application for services must be under the age of 18 if no court order for child support exists. Custodial parties may 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 if a court order exists; however, the case may be eligible only for federal tax offset if there is no judgment on arrears.

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

* All appropriate child and medical support services will be provided. For example, the applicant cannot request paternity establishment but no support order, or a support order but no income withholding. The exception is that in Medicaid-only cases, the applicant may elect in writing to receive only services related to securing medical support

* OCSE will address the medical support needs of the child, which may result in either the noncustodial parent or the custodial party being responsible for providing health care coverage.

Applications for child support services are available on the OCSE website at www.childsupport.arkansas.govor 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, the application must be mailed to the requestor within five business days. A log will be kept for all requests for an application.

Completed requests for service packets may be submitted to a local child support office or mailed to OCSE Central Registry, P.O. Box 8133, Little Rock, AR 72203. Upon receipt, the request for service packet and all supporting documents will be forwarded to the appropriate local child support office for processing. If an application is received in a local office, the office reviewing the completed application for new or reopened cases must process the application locally and may transfer the case to another office, if appropriate.

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, as appropriate, for each noncustodial parent. Any supporting documents, such as divorce decrees, orders for child and medical support, and all modifications to original orders, should be included with the application. If an application is incomplete to the extent that work on the case cannot begin, the application, application fee, and all forms and documents will be returned to the applicant.

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 will contact the custodial party for any additional information needed. If the applicant requests services that cannot be provided, the Request for Services packet will be returned to the applicant with a cover letter stating the reason(s) why the application was rejected.

Cases are referred to OCSE when a custodial party and child is receiving TEA, Medicaid, or SNAP benefits. A case will also be referred if a noncustodial parent receives SNAP benefits. Costs and fees for child support enforcement services are not charged to the custodial party in these cases, and no recovery of previously charged fee balances will be made as long as the party referred for services and/or the child are receiving those benefits. DHS may make a referral for a child in foster care.

DHS may refer a case to OCSE when appropriate. DHS is the custodial party in these cases and may refer a separate case for each parent as the noncustodial parent.

Once the child is removed from Foster Care, the case may remain open if the child was placed in the custody of one of the parents. If the child was placed with another relative or caretaker, that party must apply for services or be referred by DHS based on other assistance programs.

OCSE may receive a Medicaid referral for cases in which a child under 18 has been placed in a treatment facility, if there was a noncustodial 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.

Arkansas is the responding state when another state, tribe, or country requests assistance because it is unable to use their Long-Arm Statute for the establishment of paternity and support or requires assistance in the enforcement or modification of an obligation.

All available action will be taken according to Arkansas state law. Arkansas OCSE will assess and recover cost and fees as described in Chapter 8, Section 8.1 Cost/Fees For Service of this document in intergovernmental cases, when applicable. Any fee deducted will be identified when payments are forwarded to the initiating state.

Central Registry, a section within Central Office, receives all incoming intergovernmental OCSE cases.

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.

Central Registry will refer intergovernmental 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.

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 intergovernmental 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 intergovernmental cases, including the cost 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 father will be made.

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 intergovernmental 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.

Arkansas is the initiating state when it requests the assistance of the child support program of another state, tribe, or country because it is unable to use its Long-Arm Statute for the establishment of paternity and support or requires assistance in the enforcement or modification of an obligation.

If paternity or support has not been established, the local office should attempt use of long arm jurisdiction as outlined in Chapter 4 of this document, Long Arm Paternity, to establish paternity and support whenever appropriate. When a noncustodial parent is located in another jurisdiction, the case must be referred to the other jurisdiction within 20 days of determining that intergovernmental services are needed and receipt of all necessary information.

Sufficient and accurate information and documentation must be provided to the responding child support program.

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.

International requests for services will be accepted from all countries, regardless of whether they are a member of the Hague Child Support Convention or countries with which the United States has a reciprocal agreement. State IV-D agencies must meet the same case processing timeframes when working on international cases as in interstate cases. Other countries may not be able to respond to requests from states within the timeframes that apply to interstate cases. Sufficient time must be allowed for other countries to process requests; therefore, close communication with the other country is imperative.

If a custodial party who applied for services does not cooperate with OCSE and that cooperation is essential for the next step in providing IV-D services, OCSE may initiate case closure procedures in compliance with established policy.

Custodial parties who are recipients of TEA, certain Medicaid, and/or SNAP, are required to cooperate to avoid a possible reduction of benefits. Noncustodial parents who are recipients of SNAP are also required to cooperate to avoid a possible reduction of benefits.

When the custodial party is ordered to be responsible for providing medical support, and if insurance is available through the custodial party's employer but is not being provided, OCSE will send a National Medical Support Notice (NMSN) to the employer. If employer-sponsored insurance is not available, a notice will be sent to the custodial party advising that he or she will have 30 days to comply with the NMSN. Failure to respond will be considered non-cooperation.

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.

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

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.

OCSE will not initiate court action to establish paternity while a 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 or request genetic testing. However, no other action to establish paternity may proceed while the putative father is incarcerated.

Paternity 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.

OCSE will offer both parents the opportunity to establish paternity by completing the Acknowledgement of Paternity (AOP). If both parties complete the AOP, paternity is legally established and OCSE will take no other action to establish paternity.

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 or with a guardian, to provide support. The most recent Family Support Chart must be used to determine the amount of support.

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 to the noncustodial parent and that the noncustodial parent must respond by certified mail to the request within 15 calendar days of receipt.

Every court order must address the medical support needs of the children. If a new case is opened for enforcement with an existing court order that does not address medical support, the child support will be enforced as ordered; medical support will be addressed the next time the order is modified.

The custodial party can choose to be the person responsible for providing medical support by indicating his or her choice on the application for services and providing proof of coverage. Any form of private or public healthcare coverage qualifies as an acceptable form of medical support.

If the custodial party does not indicate he or she wishes to be the person responsible for providing medical coverage, OCSE will interview both parties and review employer records to determine the availability of health care coverage. OCSE will present 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. "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).

If employer-sponsored healthcare is available and the custodial party or noncustodial parent who is ordered to provide medical support has not provided proof of alternative coverage, a National Medical Support Notice (NMSN) will be sent to the appropriate employer.

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

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 has the authority to request the availability of medical support from employers. OCSE may also ask employers if children listed in the case are covered, but not about other children the employee may have covered.

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 must be attempted and exhausted before judicial remedies begin. Judicial remedies must be taken in accordance with expedited process timeframes. The most common judicial remedy is a motion and order to appear and show cause. Cases will be reviewed by the assigned attorney for next appropriate action.

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 inappropriate, court action to enforce orders should then be used as a last resort.

Past-due child support, also known as arrears, constitutes a judgment by operation of law and is subject to garnishment even in the absence of a court-ordered judgment on arrears. State law allows for the garnishment of wages until the total amount of child support judgment and costs are paid. Other sources of income, such as bank accounts, may also be garnished. The portion of VA benefits received in lieu of retired/retainer pay is subject to garnishment. The caseworker shall make a diligent effort to locate all sources of money belonging to the noncustodial parent and keep an accurate record of all attempts to locate money sources. Should the caseworker locate a money source belonging to the noncustodial parent and an arrearage exists, the caseworker should consult with the appropriate OCSE attorney. All necessary, proper, and reasonable steps to garnish said money source will be taken.

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

Every court order should contain an order for the immediate withholding of income unless (1) the court finds that there is good cause not to implement withholding, or (2) the parties enter into an alternative agreement regarding withholding which is incorporated into the court order. For open enforcement cases, OCSE will include income withholding in every child support order.

OCSE, an attorney representing the custodial party, or the custodial party may initiate the income withholding process. An additional amount equal to 20% of the periodic payment must be deducted to apply against any accrued arrearage unless the court orders a specific amount or a set percentage to be paid on arrears.

OCSE must issue a wage withholding notice within 15 calendar days from receipt of the order if the employer's address is known on that date, thereafter within two business days of the date the employer's address is obtained, or two business days from electronic notice of the employer's address, such as from New Hire.

By law, the employer must begin the withholding no later than the first pay period that occurs after 14 calendar days following the date the notice was mailed.

In the case of court orders which do not address income withholding, Arkansas law provides for payment of child support obligations by mandatory initiated income withholding. 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.

Arkansas law requires that orders for payment of money for the support and care of any children include a provision for the withholding of the full amount of past due support owed by the noncustodial parent not to exceed 50% of the net lump-sum payment (entire amount of lump-sum less any amount required by law to be withheld) paid to the noncustodial parent. Lump sum payments are defined as a form of income paid to an individual at other than regular or periodic intervals; payment regardless of frequency that is dependent upon meeting a condition precedent, including the performance of a contract; a job performance standard or quota; the liquidation of unused sick or vacation pay or leave; the settlement of a claim; or an award for length of service.

Income withholding can be used to offset payments from Social Security Disability (SSD) Benefits.

If there is a lump sum disability payment made to the noncustodial parent, OCSE may intercept up to 50% of the payment to be paid towards arrears.

If there is a lump sum disability payment made to the family, OCSE will seek a determination from the court whether the noncustodial parent is entitled to credit against the child support order for the SSA lump sum payment.

State law provides for an information exchange with the Department of Workforce Services (DWS) and the withholding of Unemployment Insurance Benefits (UIB) to apply against a court-ordered child support obligation. Intercept of UIB is subject to income withholding for the amount of the obligation. The amount withheld cannot exceed Consumer Credit Protection Act (CCPA) limits.

In order to be considered for withholding of UIB, there must be a valid court order for child support, and the court order must direct DWS to withhold from UIB, or the noncustodial parent must agree that DWS will withhold from UIB

State law authorizes the withholding of Workers' Compensation benefits for child support. Up to 25% of periodic payments or up to 50% of lump sum payments may be withheld.

State law also authorizes a data match between Worker's Compensation Commission files and OCSE files on a monthly basis.

Custodial parties and other state child support agencies are not required to open a child support case with OCSE to offset Worker's Compensation benefits paid to the noncustodial parent. The Commission will accept a lien, a notice to withhold, a court order or a divorce decree directly from the custodial party, the other state agency, or private attorneys representing the parties.

The Consumer Credit Protection Act (CCPA) and State law limits the amount of wages that are subject to withholding for support. The maximum amounts are expressed in percentages and depend on two variables:

The only grounds available to an obligor to contest wage withholding are that the person who received the notice was not the person obligated to pay the support, the arrears are incorrect, or the current support amount is incorrect. OCSE will conduct an informal review of the income withholding order issued by the agency, upon the request of the noncustodial party, to confirm that he or she is the person identified as the person who owes the support and that the amount of current and past-due support is correct. However, if the noncustodial parent wants to request a hearing with the court, he or she must do so within 10 calendar days of the date of the notice of income withholding. Once implemented, income withholding remains in effect, following the noncustodial parent from one employer to another until the support obligation is terminated or is set aside by the court.

If withholding is contested within 10 calendar days, the caseworker will immediately forward the case to the Supervisor/Field Manager for administrative review.

The Federal Offset Program helps states collect delinquent child support debts owed to the custodial party and/or the state by the following remedies:

* Federal Income Tax Refund Offset

* Administrative Offset

* Passport Denial Program

Child support payments received by Federal Tax Offset can only apply to child or spousal support arrears. Monies from Federal Tax Offset received by OCSE in excess of the amount of arrears will be returned to the noncustodial parent.

Administrative Offset allows for the interception of certain federal payments in order to collect past-due child support. These payments can be recurring or one-time payments. The type of payments that can be intercepted include payments to private vendors who perform work for a government agency, payments received from an agricultural subsidy, federal retirement payments, and relocation and travel reimbursements owed to federal employees.

Federal payments eligible for administrative offset are intercepted as follows:

The Debt Check Program is operated by Financial Management Service (FMS). It is a debt management program for use by federal agencies and outside lenders who issue federal loans, loan insurance, and loan guarantees. The program allows these agencies and lenders to conduct a search to confirm whether potential recipients of federal financial assistance owe delinquent nontax debt to the federal government or owe delinquent child support. If records indicate a debt is owed, the applicant could be denied from receiving the loan, loan insurance, or loan guarantee.

OCSE reports to FMS those cases in which no payments, excluding tax offset, have been received in the last 90 days.

When a noncustodial parent's arrears from all of his or her cases meets or exceeds $2,500, federal OCSE submits the name to the State Department for passport denial. The noncustodial parent's passport will remain flagged until arrears are paid in full or the conditions specified below are met.

State law authorizes collection of current support and past due child and medical support, as well as fees, costs, and other debts as defined by State law, through the interception of State income tax refunds.

A listing of delinquent obligors and the amount of past due child and medical support and fees and costs certified for collection are combined with other debts owed to Arkansas and submitted to the Revenue Department. This list is matched against the Revenue Department taxpayer file. When a tax refund becomes available for an individual whose debt has been certified, the Revenue Set-Off Unit forwards the funds to OCSE and the refund is applied against the amount of the debt. The Revenue Department pays any excess directly to the taxpayer. Medical support, overpayments, cost and fees are subject to tax intercept.

Collections from a noncustodial parent as a result of State income tax refund offset are treated as a regular child support payment and disbursed accordingly.

In addition to the legislative requirements, OCSE has established the following criteria for submissions for State intercept:

* There must be a court order for support.

* Arrearage must be at least $50 for TEA or Foster Care cases and $100 for non-TEA cases. Instant debt balances will be included in the certified amount; however, cases with orders less than 30 days old from the effective date will not be certified regardless of the arrearage amount.

* The fees of the noncustodial parent must total at least $50. Fees and TEA arrears may be combined to reach the $50 threshold for TEA certification.

* There must be an assignment of child support rights to the State of Arkansas for TEA, Medicaid, and IV-E Foster Care cases or a contract for child and/or medical support for non-TEA cases.

* Arkansas must be the responding state in intergovernmental cases (i.e., the noncustodial parent must reside in Arkansas).

The individual who is being certified to the Revenue Department will be given written notice in advance of the agency's intent to intercept his or her tax refund.

The local office will attempt to resolve complaints or questions regarding State Tax Offset informally. The customer should be informed that they must submit a written request in order to contest the offset through an Administrative Hearing within the timeframes indicated in the pre-offset notice.

State law authorizes and establishes procedures for the suspension of specified state-issued licenses, including commercial driver's and regular driver's licenses, including motorcycles; permanent license plates; recreational licenses; and occupational, professional and business licenses of a noncustodial parent, if certain conditions exist on a case. When interviewing the noncustodial parent, the local OCSE office should request that the noncustodial parent allow the office to copy the noncustodial parent's driver's or commercial driver's license and Social Security card for identification purposes and for future reference. This information is to be maintained in the file at the local OCSE office. All licensing authorities affected may not be capable of interface automation with the OCSE database. Periodically, staff should make inquiries with custodial parties or other knowledgeable sources to determine if a noncustodial parent holds a state-issued license subject to suspension.

NOTE: There are two classes of state ID cards that do not fall within the definition of "license": Class ID (issued for identification only) and Class X (issued for persons who have been ticketed for a traffic violation in Arkansas but have not been licensed to drive in Arkansas). Class ID and Class X will not be suspended.

One of the following two conditions must be met in order to suspend a noncustodial parent's license or license plate:

Condition 1: The noncustodial parent is delinquent on a court-ordered child support payment in an amount equal to three months' obligation or more, or the noncustodial parent is delinquent on payments toward an adjudicated arrearage in an amount equal to a three months' obligation or more

Condition 2: The noncustodial parent is the subject of an outstanding failure to appear, body attachment, or bench warrant related to a child support proceeding

The following are exceptions to the above conditions:

If either Condition 1 or Condition 2 noted above exists and none of the five Exceptions apply, a Notice of Intent to Suspend License will be mailed to the noncustodial parent. Notices should be sent certified mail to the most current address as provided by the licensing authorities or to the address provided to the court by the noncustodial parent, unless a verified address has been obtained. In the event a notice sent by certified mail is rejected or unclaimed, a subsequent mailing of the notice by regular first-class mail shall be considered sufficient (must be narrated/documented). The notice will specifically identify all known licenses and permanent license plates held by the noncustodial parent and will inform the noncustodial parent that the specified licenses or license plates will be suspended in 60 days unless the noncustodial parent requests an administrative hearing within 30 calendar days following the date of the notice. The notice shall advise the noncustodial parent that identified licenses will be suspended unless the request for a hearing is received within 30 calendar days of the date of the notice.

Following issuance of the Notice of Intent to Suspend License, the noncustodial parent may avoid license suspension by contacting the local OCSE office and entering into an agreed order or written installment agreement with OCSE as described in Exception 4 listed above. Agreed orders and written installment agreements made after issuance of a License Suspension Notice should include a condition that requires that some payment be made by the noncustodial parent before expiration of the notice of intent to suspend. In the event the noncustodial parent contests the accuracy of the arrearage information or the duration of the delinquency, he or she can schedule an appointment with the local OCSE office to resolve the issue. Issues that cannot be resolved by the local OCSE office will be forwarded to Central Office for an administrative hearing if requested by the noncustodial parent.

If the 60 days has expired and no appeal is pending, the license will be suspended. The noncustodial parent must enter into an installment agreement before the license will be reinstated. Additionally, the noncustodial parent may avoid suspension or obtain reinstatement by paying the delinquency to an amount below three months' obligation.

In some instances, noncustodial parents may initiate action on their own accord resulting in a court order eliminating the presence of Condition 1 or 2. If the noncustodial parent takes such action eliminating the threshold condition for license suspension prior to the effective date of the intended suspension, the responsible local OCSE office must upon notification notify the Central Office Program Support section to take action to set aside suspension activity on the case and to notify the noncustodial parent accordingly.

Central Office staff is responsible for keying or requesting any suspensions or reinstatements of licenses and license plates. If the noncustodial parent pays the arrearage below an amount equal to three months' obligation or the court enters a judgment on arrears, the license will be reinstated. Following license suspension, the noncustodial parent may obtain license reinstatement by entering into an agreed order or written installment agreement with OCSE as described in OCSE policy. The agreed order or written installment agreement should contain a provision requiring a lump sum payment in addition to requiring the periodic payment of current support and regular periodic payments on the arrearage/delinquency. It is imperative that Central Office be notified to immediately take necessary actions to restore the license or permanent license plate of the obligor when the condition warranting suspension has been removed.

In the event of fraud or mistake resulting in a wrongful suspension, OCSE shall immediately notify the licensing authority involved to restore the license or permanent license plate of the noncustodial parent as appropriate. When an enforcement case closes, OCSE loses its authority to enforce the child support order. Although the case may remain open for payment processing, OCSE cannot take any action on the case to enforce or collect child support. Therefore, when an enforcement case is closed, OCSE cannot continue a license suspension action against the noncustodial parent, and his or her licenses should be reinstated

Whenever OCSE determines that the noncustodial parent has engaged in an activity despite suspension of the license, a referral should be made to the licensing authority and/or to law enforcement, as appropriate. In some cases, the local OCSE office may consider seeking a court injunction from the appropriate Circuit Court restraining the noncustodial parent from any activity not permitted during license suspension. The assigned OCSE attorney should be consulted if the local OCSE office believes that injunctive relief should be pursued.

Noncustodial parents who are licensed attorneys and who meet one of the Conditions and none of the Exceptions listed previously may be referred to the clerk of Supreme Court for review of their law license.

In cases in which there is overdue child support, and in an effort to secure assets to satisfy any current support obligation and any arrearage, OCSE is authorized to take any of the following actions:

* intercept or seize periodic or lump-sum payments from o a state or local agency, including unemployment compensation, worker's compensation, certain veteran's benefits o judgments, settlements, prizes, and lotteries

* attach and seize assets of the obligated parent held in financial institutions

* attach public and private retirement funds, including any union retirement fund and railroad retirement

* impose liens and, in appropriate cases, force the sale of property and distribute proceeds State law requires each financial entity (defined as any bank, trust company, savings and loan association, credit union, insurance company, or any corporation association, partnership, or individual receiving or accepting money or its equivalent on deposit) to cooperate with OCSE to develop, implement, and operate an electronic automated data match system using automated data exchanges to provide OCSE, each calendar quarter, with the following information: the name, record address, Social Security number, or other taxpayer identification number and other identifying information for each noncustodial parent who maintains an account at their respective financial institution.

OCSE enters into cooperative agreements with financial entities to provide for automatic data exchanges to the maximum extent feasible in order to locate account assets of noncustodial parents. Any information obtained from any financial entity shall become a business record of OCSE and be subject to privacy safeguards

OCSE may impose a lien, seize assets, or freeze an account based on verification of an account held by an individual at any time information becomes available to the caseworker. The caseworker shall notify the Lien/Levy Section when such information becomes available. The process to seize the asset will be completed by the Lien/Levy section staff

The following criteria must be met to qualify for a lien on assets held by financial entities:

* The case must be an open enforcement case.

* Arrears must be at least $500 or equal to three months' obligation, whichever is greater.

* No payment received within the last 45 days.

* The noncustodial parent is not currently a TEA recipient.

* The noncustodial parent's source of income may not include SSI.

* A Family Violence Indicator is not attached to the parties.

An account is defined as any of the following:

* demand deposit account

* checking or negotiable withdrawal order account

* savings account

* money-market mutual fund account

* time deposit account

Withholdings, intercepts, and seizures may be initiated by OCSE without obtaining a prior order from any court. OCSE shall provide written notice to the noncustodial parent or alternate account holder informing him or her that withholding, intercept, or seizure has commenced; of the right to an administrative hearing; and the procedures to follow if he or she desires to contest the action(s). The notice to the noncustodial parent or alternate account holder shall include the information provided to the employer, agency, or financial institution.

Financial entities shall, in response to a notice of lien or levy, surrender assets held by such financial entities on behalf of any noncustodial parent who is subject to a child support lien pursuant to a judgment or by operation of law.

Cases meeting the following criteria are matched with insurance carriers through the Child Support Lien Network (CSLN) and Federal Insurance Match program to identify any claim payments due to the noncustodial parent.

* Case is open for enforcement.

* Arrears are at least $500.

* The noncustodial parent is not receiving TEA in Arkansas or TANF in another state.

Upon receipt of the match, a Notice to Withhold Insurance Assets is sent to the insurance company, the obligor, OCSE, and the noncustodial parent's attorney. The noncustodial parent has 15 calendar days from the date on the notice to request an administrative hearing. If no hearing is requested, the insurance company is notified to remit to OCSE, the amount of the arrears or the amount of the noncustodial parent's share of the settlement whichever is less.

Upon receipt of the Notice of Lien and Levy, the noncustodial parent, or alternate account holder, may contact OCSE Central Office, Lien & Levy Section, to contest the validity of the freeze and seize, and ask for an administrative hearing. The Lien & Levy caseworker must review the record to determine whether the case was certified correctly, or whether the issues raised by the noncustodial parent, or alternate account owner, are valid. If the issues raised by the noncustodial parent, or alternate account owner, are resolved by the Lien & Levy caseworker, then necessary action will be taken in accordance with the resolution, and a letter outlining the resolution will be sent to the noncustodial parent, or alternate account owner.

Should the Lien & Levy caseworker be unable to resolve the issues or if the noncustodial parent or alternate account owner remains dissatisfied, then the noncustodial parent or alternate account owner may request an administrative hearing in writing. See Chapter 9 concerning proper administrative hearing policy.

All open enforcement cases with arrears in excess of $500 will be referred to the Office of the Arkansas Lottery for offset of any winnings claimed by the noncustodial parent. The amount subject to withholding is the full balance due on all the noncustodial parent's cases. Collections of lottery winnings will be distributed to current support first and then to arrears. Referrals will be deleted when the case is closed. Payment processing cases will not be referred.

OCSE may impose a lien against the real and personal property of a noncustodial parent who owes overdue support and who resides or owns property in the State. State law provides for relief from the fraudulent transfer of property and assets by a noncustodial parent in an attempt to avoid liens and provides a creditor provisions needed to obtain avoidance of the transfer to the extent necessary to satisfy a claim subject to the limitations in State law. A settlement agreement between the noncustodial parent, a child support creditor, and/or OCSE may be obtained.

AR OCSE may refer cases for state criminal nonsupport to the appropriate prosecuting attorney for consideration if, upon review of the case, it appears the obligation to support is not being met.

Additionally, referrals to the appropriate prosecuting attorney are required if

* AR OCSE has had enforcement responsibility for at least 12 consecutive months;

* more than $10,000 is owed and remains unpaid;

* regular child support payments are not being paid, and

* the custodial party has completed and signed an affidavit containing the required information, including a request that the noncustodial parent be prosecuted for the criminal offense of nonsupport.

Failure to pay child support is also a federal crime and may be prosecuted as such pursuant to the Child Support Recovery Act and the Deadbeat Parents Punishment Act.

To be eligible for prosecution under federal law, the following elements must be present:

* The willful failure to pay

* A known child support obligation o Which has remained unpaid for longer than one year; or, in the case of a felony prosecution, 2 years or the amount of the past due obligation is greater than $5,000 or in the case of a felony prosecution, $10,000 o For a child who resides in another state . An additional basis exists for the prosecution of the failure to pay child support as a felony if the noncustodial parent has traveled in interstate or foreign commerce with the intent to evade the support obligation and the obligation has remained unpaid for a period of one year or longer or is greater than $5,000

Cases meeting the criteria for this type of prosecution may be forwarded to designated OCSE staff for review and forwarding to, if appropriate, to the US. Attorney's Office for the federal district in which the custodial party resides. The U.S. Attorney's Office will exercise its prosecutorial discretion in determining whether to accept or decline a case for prosecution and the level at which an accepted case will be prosecuted.

OCSE must enforce medical support following the same program standards outlined in this chapter for enforcing child support. If the obligated parent does not provide proof of health care coverage within 30 calendar days of the file mark date on the court order, the caseworker must take enforcement action to secure medical support. The caseworker must request employers and other groups offering health care insurance coverage to notify OCSE of lapses in coverage.

In all cases where either party is ordered to provide medical support through his or her employer and child support enforcement services are provided by OCSE, the National Medical Support Notice (NMSN) will be used as required by federal regulations.

The NMSN must be sent to the employer within two business days of receiving employment information or matching with employer information contained in the New Hire Directory. If the obligated parent changes employers, OCSE will send a National Medical Support Notice to the new employer within two business days of identifying the new employer unless medical support is provided by a third party.

The Consumer Credit Protection Act (CCPA) limits apply to the combined total withheld for both child support and medical coverage. (See Chapter 5, Computing Amount for Withholding for a discussion of CCPA limits.) Income withholding for child support must take priority over the deduction for health care premiums.

OCSE will notify the employer when there is no longer a current order for medical support in effect for which the agency is responsible.

The employer and the health care administrator must follow Arkansas law to implement income withholding for health care coverage premiums, enrolling the child, and providing information regarding the policy to the family.

OCSE will continue collection after the emancipation of a child until a written request is made by the custodial party to stop enforcing the case, until all arrears are paid, there is an administrative determination that the debt is uncollectible, or the case meets other federal case closure criteria.

Any arrears that have not been reduced to judgment by the time the youngest child attains the age of 23 are subject to the statute of limitations regarding collection of child support. OCSE will not take enforcement action to collect support arrears for which an affirmative defense of statute of limitations exists with the exception of those actions permitted by federal law: offset of federal income tax refunds, denial of passports, and administrative offset of payment from the federal government to individuals regardless of the age of the child.

All enforcement techniques apply to collection of the past due amount of support, including adjudication of arrears, garnishment, execution, wage withholding, contempt, or liens on property, as well as federal tax and administrative offset. State income tax refunds may be intercepted to recover TEA and non-TEA arrears.

The OCSE agency will accept recovery cases from another IV-D agency or by application from the custodial party on behalf of a child age 22 or younger who was the subject of a child support order. If the child is age 23 or older, OCSE can accept the case if there is a court-ordered judgment, or as permitted by the laws of the state issuing the support order.

In cases in which the order was entered in another state, the statute of limitations of the state that issued the order or the Arkansas statute of limitations, whichever is longer, will apply and control how long arrears may be collected.

In cases in which the Arkansas statute of limitation would be a bar to collection of the arrears, the law of the issuing state must be reviewed to determine if collection may continue.

If collection of the child support arrears is not possible under Arkansas law or the law of the issuing state, the caseworker will send a 60-day closure notice to the applicant for services or the initiating state, as appropriate, and the case will be closed.

Unless the court orders otherwise, 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;

* If a child has reached 18 years of age and is home-schooled, upon receipt of proof of home schooling, support will continue until the end of the school year after the child has reached 19 years of age or receives a GED confirmation, whichever is earlier;

* When the child is emancipated by a court of competent jurisdiction, marries, dies;

* Upon the marriage of the parents of the child to each other; or

* Upon a final or interlocutory decree of adoption of the child, relieving the noncustodial parent of all parental rights and responsibilities.

If arrears are still owed at the time of emancipation, wage withholding and/or enforcement efforts will continue until arrears are paid in full.

If there are no child support arrearages, the noncustodial parent may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the noncustodial parent's employer, the custodial party, OCSE, the Clearinghouse, and the clerk of the court. The notice must be given no earlier than 30 calendar days before the termination of the duty to pay support, and must contain the name and address of the noncustodial parent, the name and address of the noncustodial parent's employer, a statement that income withholding for child support will be terminated, the date of termination, and the basis for termination of income withholding.

The custodial party, OCSE, or the clerk of the court may file a written objection to the termination. The written objection to the termination must be made by certified mail to the noncustodial parent and to his or her employer within 10 calendar days after receipt of the notice of intent to terminate income withholding for child support. It must state that the noncustodial parent's duty to pay child support has not been fulfilled as required by court order, and it must set forth the reasons for nonfulfillment. If a written objection is filed as provided in this section, income withholding for child support shall continue until such time as an order is entered which terminates, alters, or amends income withholding for child support.

NOTE: For information on automatic modification of the support amount when one child emancipates, see Chapter 6.

Child support obligations may be reviewed and adjusted, if appropriate, once every 36 months at the request of either party or a state in an intergovernmental case. 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.

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.

Review and adjustment may be requested 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 or has experienced a reduction in pay or hours worked through no fault of his or her own and the situation is likely to continue for an extended period of time.

* The noncustodial parent is or will be incarcerated for at least 180 days. Incarceration is defined as a conviction resulting in a sentence of confinement to a local jail, state, or federal correctional facility, or state psychiatric hospital for at least 180 days excluding credit for time served prior to sentencing.

* The noncustodial parent becomes permanently disabled which is medically verified by a doctor's statement and/or Social Security Disability benefits determination form. When modifying support based on disability benefits being paid, the spouse and dependent benefits, whether in the home of the obligor, assignor, or a third party, 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.

* 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.

* One or more of the dependents have turned 18 or otherwise emancipated and one of the parties requests review of the support amount for the remaining children.

* The medical needs of the child need to be addressed due to a change in health care coverage.

* All of the dependents have emancipated and a significant change in the noncustodial parent's income has occurred.

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.

Intergovernmental 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.

The three-year limit on requests for review and adjustment does not apply in cases where a child is emancipating 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.

When one child emancipates and there are remaining children on the case, both parties will be given an opportunity to request a review and adjustment of support.

A review will not be conducted when the child emancipating is the last or only child on a case, and the child support obligation will end when the child emancipates.

Any remaining child support owed at the time of emancipation will continue to be enforced and the amount due will remain at the current amount until the past-due support is paid in full.

Arkansas law requires that all orders 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 until the child support obligation has ended and there are no longer arrears due.

Payments made for this administrative 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 administrative 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. The administrative fee will not be assessed in the year that the case is entered in the system.

In addition, OCSE will petition the court for award of attorney fees and the cost associated with litigation, including the cost of paternity testing, and for the recovery of fees for child support services generated due to the failure of the NCP to pay his or her obligation. However, noncustodial parents who must cooperate with child support services as a condition of receiving SNAP benefits shall not be charged attorney fees or court costs, including the costs of paternity testing.

Costs and fees are charged to the custodial party who applies for OCSE services and in intergovernmental cases. However, pursuant to federal regulations, fees may not be charged:

* To a custodial party who much cooperate with child support services because o The custodial party receives TEA services o The custodial party and the child receives Medicaid o The custodial party receives SNAP benefits

* To a custodial party who receives Medicaid or if the child for whom the custodial party is seeking services receives 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. Fees and costs based on such judgment and recovered from the noncustodial parent will offset fees assessed to the custodial party.

The cost schedule is as follows:

Application Fee - The application fee per noncustodial parent is $25. This is paid by the applicant at the time the application for services is submitted. The application fee is charged per case and 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, order and citation, affidavit and arrest warrant, notice/order of hearing, or other pleadings or notices are 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.

Other

* Actual Costs will be assessed based on actual costs incurred by the agency for monies expended including but not limited to the actual cost of transcripts, depositions, witness fees, paternity tests, IRS full collection process, filing fees, service of process, and other litigation costs, including federal offset program fees, not to exceed $25 if the offset is over $100.

* 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.

The OCSE Debt Recovery Section concentrates on the collection of debts, including but not limited to, administrative fees, costs, custodial party overpayments, and the collection of insufficient funds debt.

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

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

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 or noncustodial party noncooperation - 30 days from the date of the notice . Release of address information - 20 days from the date of the notice

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.

If a party wishes to appeal the Final Order, 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, any appeal may be made to the appropriate state agency.