-
Step 5 - Enforcement of Support Orders
|
|
|
The Department of Child Support Services (DCSS)
strives to make sure that child support payments are
regularly made and in the correct amount and that
health insurance, if ordered, is provided for the
child. Enforcement measures will be taken when a
Parent Paying Support (PPS) fails to make his/her ordered
payments for child support.
In reviewing the file to determine the best method of
enforcement, the Department of Child Support
Services' first concern is establishing a regular
payment plan for current support. Collection of
arrearages (past-due support) is the secondary
concern. The most common and effective method of
enforcement is by mandatory wage withholding. If this
method does prove ineffective for any case, then the
Department of Child Support Services has alternative
methods of enforcing a support order. The best method
of enforcement is selected based on all the
information in the case including the income of the Parent Paying Support (PPS), and what kind of assets he/she has.
|
|
Mandatory Wage
Withholding
|
|
State law requires that child support payments be
withheld from the paycheck of the Parent Paying Support (PPS) from
the time that child support is ordered. The
earnings of the Parent Paying Support (PPS) will be withheld
unless he/she can:
|
- Show good cause as to why it should not be done,
or
- Have an alternative arrangement with the
Department of Child Support Services and the
Parent/Party Receiving Support (PRS). Good cause and alternative
arrangements concerning earning assignments are
specified in state law in Family Code § 5260.
|
|
The employer of the Parent Paying Support (PPS) is served
with a court order or a Notice of Assignment to
Withhold a specified amount of current support and
back child support, with instructions to send the
wages to the State Disbursement Unit (SDU) for
distribution. Once a wage assignment is served, the
employer must honor it as long as the Parent Paying Support (PPS) remains employed.
An employer may not take more than 50% of the
disposable earnings of the Parent Paying Support (PPS) unless
ordered to do so by the court. The wage assignment
order has priority over any other withholding order
against the Parent Paying Support (PPS).
|
|
Health Insurance Coverage
Assignment
|
|
A Health Insurance Coverage Assignment (HICA) or
Notice of HICA is a method of enforcement for medical
support that requires the
employer (or other person providing health insurance
to the Parent Paying Support (PPS)) of the Parent Paying Support (PPS) to enroll the child(ren)
in the parent's health insurance plan. The HICA also
authorizes the employer to deduct the cost of the
health care premiums from the earnings of the Parent Paying Support (PPS). The employer is instructed to notify the
Department of Child Support Services of any lapse or
change in the health insurance coverage. Changes can
be made to the HICA administratively without going
back to court. If the employer notifies the
Department of Child Support Services of a change of
health plan or lapse in coverage, the Department of
Child Support Services will then determine if the
Parent Paying Support (PPS) has a new employer/health plan.
If so, the Department of Child Support Services will
serve that employer/health plan with the Notice of
HICA that has the same force and effect as the court
ordered HICA.
|
|
Personal Property Lien
|
|
A judgment lien on personal property is a lien on all
interests in that property that are subject to
enforcement of a money judgment, such as accounts
receivable, equipment, inventory, chattel paper, farm
products, and negotiable documents of title. The lien
continues on the proceeds received upon the sale,
collection or other disposition of the property
subject to the lien.
|
|
Real Property Lien
|
|
The Department of Child Support Services will record
support orders and judgments with the county recorder
to create a lien against any real property in that
county in which a Parent Paying Support (PPS) has or
acquires an interest. Any action by the Parent Paying Support (PPS) to sell or refinance is prevented unless the
lien is satisfied in full, or other arrangements are
made with the Department of Child Support Services.
|
|
Franchise Tax Board (FTB) Child
Support Collection Program
|
|
State regulations require the Department of Child
Support Services to refer delinquent child support
obligations to the FTB for collection. The Department
of Child Support Services may also refer current
child support obligations to the FTB for collection.
The FTB collects delinquent child support in the same
manner and with the same force and effect as they are
authorized to use in the collection of state personal
income taxes. The system sorts through more than 200
million records to locate an individual's assets.
Once assets are found, levies are issued that can
attach wages, bank accounts (such as checking,
savings, individual retirement accounts (IRAs) and
Keogh), rents, royalties, dividends and commissions.
The FTB can also seize both real and personal
property such as vacant land, cash, safe deposit
boxes, vehicles and boats.
|
|
Other Enforcement
Techniques
|
|
Other child support enforcement techniques include:
liens, federal and state income tax refund
intercepts, unemployment and state disability
intercepts, lottery intercepts, writs of execution,
contempt proceedings, suspension of professional
licenses, driver's licenses and recreational licenses
and also credit approval risk. Specific examples of
techniques that may be used are:
(Refer to "Child
Support Program Glossary" for further
description.)
|
- Internal Revenue Service Tax Refund Intercept
System
- Franchise Tax Board Tax Refund Intercept System
- Unemployment Insurance Benefit Intercept System
- Disability Insurance Benefit Intercept System
- Lottery Winners Intercept
- Credit Report System
- Passport Denial System
- Financial Management Services Intercept
- State Licensing Match System
- New Hire Registry
- Financial Institutions Data Match
- Statewide Utility Match System
- Assets Match Program
- Workers Compensation Appeals Board Match System
- Board of Equalization Sales and Use Tax Intercept
System
- Alaska Permanent Fund Dividend Match
- Support Order Registry
|
|
Return to Child
Support Process
|