1. (1) Upon acknowledgment from the Secretary of State that a lien has been filed, the state IV-D agency sends:

   1. (a) An Obligor Notice of Lien to the noncustodial parent informing him/her that a lien has arisen by operation of law on any personal property belonging to him/her or acquired after the lien arises.
   2. (b) A Request for Administrative Review form to the noncustodial parent that may be used to request a desk review of the action taken within fifteen (15) days of the date of the notice of lien.
   3. (c) A Notice of Levy to the appropriate financial institution to place a freeze on the noncustodial parent’s account(s) for 21 days and to surrender the amount named in the document after that period of time.

2. (2) For a case to qualify for filing a levy with a financial institution, it must meet the following criteria:

   1. (a) The noncustodial parent’s total arrearages from all cases, including interest, must be at least $1,000.00 as of the date of the financial institution data match.
   2. (b) The noncustodial parent’s total arrearages from all cases, including interest, must be equal to at least three months current support obligation due under each case.
   3. (c) The balance of the noncustodial parent’s financial account(s) must be at least $5,000.00.
   4. (d) The noncustodial parent must not be involved in bankruptcy proceedings.
   5. (e) The noncustodial parent is not a SSI recipient.

Author: Clifford Smith

Statutory Authority: Code of Ala. 1975, §§30-3-191, 30-3-192, and 30-3-198, P.L. 104-193.

History: Emergency rule effective February 25, 2000. New Rule: Filed May 5, 2000; effective June 9, 2000. Amended: Filed September 11, 2014; effective October 16, 2014. Amended: Filed April 18, 2016; effective June 2, 2016.