9 CAR § 5-101 – Overview

(a)
1. (1) The Office of Child Support Enforcement will:
  1. (A) Pursue collection of child and medical support obligations; and
  2. (B) Utilize all appropriate administrative and judicial remedies available under state law.
2. (2) Once an order is established, the noncustodial parent is responsible for making payments by the date set in the order.
3. (3) Enforcement of support obligations will be initiated on the date the noncustodial parent fails to make payments in an amount equal to one (1) month of support.
(b)
1. (1) 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.
2. (2) A child support obligation commences on the date specified in the order.
3. (3) 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.
(c) 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.
(d)
1. (1) Administrative remedies must be attempted and exhausted before judicial remedies begin.
2. (2) Judicial remedies must be taken in accordance with expedited process timeframes.
3. (3) The most common judicial remedy is a motion and order to appear and show cause.
4. (4) Cases will be reviewed by the assigned attorney for next appropriate action.
(e) Expedited process. The office must take an enforcement action from the date of delinquency or locate, whichever is later, within:
1. (1) Thirty (30) calendar days if no service of process is required; and
2. (2) Sixty (60) calendar days if service of process is required.
(f) Suspense. 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.
(g) Spousal support.
1. (1) The office will enforce spousal support obligations in cases where:
  1. (A) The custodial party is living with the child; and
  2. (B) Spousal support and child support obligations are included in the same order.
2. (2) Once a noncustodial parent’s responsibility to pay child support has ended and there are no longer child support arrears, the office will no longer collect current or past due spousal support.