(a)
- (1) The Office of Child Support Enforcement 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.
- (2) The caseworker shall notify the Lien/Levy Section when such information becomes available.
- (3) The process to seize the asset will be completed by the Lien/Levy Section staff.
(b) The following criteria must be met to qualify for a lien on assets held by financial entities:
- (1) The case must be an open enforcement case;
- (2) Arrears must be at least five hundred dollars ($500) or equal to three (3) months’ obligation, whichever is greater;
- (3) No payment received within the last forty-five (45) days;
- (4) The noncustodial parent is not currently a TEA recipient;
- (5) The noncustodial parent’s source of income may not include Supplemental Security Income; and
- (6) A Family Violence Indicator is not attached to the parties.
(c) An account is defined as any of the following:
- (1) Demand deposit account;
- (2) Checking or negotiable withdrawal order account;
- (3) Savings account;
- (4) Money market mutual fund account; and
- (5) Time deposit account.
(d)
- (1) Withholdings, intercepts, and seizures may be initiated by the office without obtaining a prior order from any court.
(2) The office shall provide written notice to the noncustodial parent or alternate account holder informing him or her:
- (A) That withholding, intercept, or seizure has commenced;
- (B) Of the right to an administrative hearing; and
- (C) Of the procedures to follow if he or she desires to contest the action or actions.
(3) The notice to the noncustodial parent or alternate account holder shall include the information provided to the:
- (A) Employer;
- (B) Agency; or
- (C) Financial institution.
- (e) 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.