1. (a) Child support obligees shall indicate on Form BCSS 152, “Important Notice Regarding Overpayment of Child Support and Authorization to Withhold” (June 2025), whether or not they authorize BCSS to recoup overpayments by withholding a percentage of future child support payments, as described in paragraph (b) below, that are collected on their behalf until the overpayment is repaid.
2. (b) When an overpayment occurs, BCSS shall initiate withholding of 20% of future child support payments if the obligee has checked the applicable box on Form BCSS 152, “Important Notice Regarding Overpayment of Child Support and Authorization to Withhold” (June 2025), authorizing such withholding to recoup the overpayment. When the overpayment occurs from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%. Prior to withholding, BCSS shall provide the obligee with Form BCSS 153, “Notice of Overpayment of Child Support” (June 2025).
3. (c) BCSS shall inform the obligee that the overpayment may be repaid by sending a check or money order for the full amount of the overpayment to BCSS.
4. (d) If the obligee has not authorized withholding of future child support payments by checking the box on Form DCSS 152 BCSS shall provide the obligee with Form BCSS 621A, “Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

5. (e) The obligee shall complete, sign, and return the repayment agreement section of Form BCSS 621A selecting an agreement to either:

   1. (1) Repay the full overpayment amount within 30 days; or
   2. (2) Let BCSS keep 20% of all future child support collected until the overpayment is repaid to BCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to BCSS.
6. (f) If the obligee returns the repayment agreement section of Form BCSS 621A authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.
7. (g) If the obligee does not return the repayment agreement section of Form BCSS 621A within 10 days of the date the form was mailed to the obligee, BCSS shall provide the obligee with Form BCSS 621B, “Second Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

8. (h) The obligee shall complete, sign and return the repayment agreement section of Form BCSS 621B selecting an agreement to either:

   1. (1) Repay the full overpayment amount within 20 days; or
   2. (2) Let BCSS keep 20% of all future child support collected until the overpayment is repaid to BCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to BCSS.
9. (i) If the obligee returns the repayment agreement section of Form BCSS 621B authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.
10. (j) If the obligee does not return the repayment agreement section of Form BCSS 621B within 10 days of the date the form was mailed to the obligee, BCSS shall provide the obligee with Form BCSS 621C, “Final Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

11. (k) The obligee shall complete, sign and return the Repayment Agreement section of Form BCSS 621C selecting an agreement to either:

    1. (1) Repay the full overpayment amount with 10 days; or
    2. (2) Let BCSS keep 20% of all future child support collected until the overpayment is repaid to BCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%, until the overpayment is repaid to BCSS.
12. (l) If the obligee returns the repayment agreement section of Form BCSS 621C authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.
13. (m) If the obligee does not return the repayment agreement section of Form BCSS 621C within 10 days of the date the form was mailed to the obligee, or does not notify BCSS verbally or in writing that the obligee does not authorize the withholding of support payments, then permission to recoup the overpayment by withholding child support payments shall be assumed.
14. (n) Once initiated, withholding of child support payments shall continue until the overpayment is fully recouped.

Source. #5341, eff 3-3-92; EXPIRED: 3-3-98 New. #6741, eff 4-28-98, EXPIRED: 4-28-06; ss by #8602, INTERIM, eff 4-28-06, EXPIRES: 10-25-06; ss by #8685, eff 7-21-06; amd and renumbered by #9206, eff 7-19-08 (former paragraph (a) deleted) (formerly He-W 403.04); ss by #10467, eff 11-26-13; ss by #10760, eff 1-19-15; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35