9 CAR § 5-103. Past due support

(a)(1) Past due child support, also known as arrears: (A) Constitutes a judgment by operation of law; and (B) Is subject to garnishment even in the absence of a court-ordered judgment on arrears. (2) State law allows for the garnishment of wages until the total amount of child support judgment and costs are paid. (3)(A) Other sources of income, such as bank accounts, may also be garnished. (B) The portion of Department of Veterans Affairs benefits received in lieu of retired/retainer pay is subject to garnishment. (4) The caseworker shall make a diligent effort to: (A) Locate all sources of money belonging to the noncustodial parent; and (B) Keep an accurate record of all attempts to locate money sources. (5) Should the caseworker locate a money source belonging to the noncustodial parent and an arrearage exists, the caseworker should consult with the appropriate Office of Child Support Enforcement attorney. (6) All necessary, proper, and reasonable steps to garnish said money source will be taken. (b) Delinquency notices. The office may send a delinquency notice to the noncustodial parent when the unpaid support equals thirty (30) days’ obligation. (c) Interest. (1) The owner of the judgment or the counsel of record of the owner of the judgment may request in writing, prior to the entry of a judgment on arrears, that interest not accrue on past due support. (2) If interest is reduced to a judgment by the court or the amount of interest owed is received as a sum certain from another state, the office will: (A) Include the sum certain amount as child support debt owed; and (B) Collect by all appropriate enforcement means. (3) In intergovernmental cases, the initiating state is responsible for notifying the responding state at least annually, or on request, of any interest charges. (4)(A) In nonintergovernmental cases where there is no judgment or finding of the amount of interest owed by the court and the custodial party wishes to collect interest, the custodial party may obtain, at his or her own expense, a certified calculation of the total amount of interest owed from a licensed accountant or other reliable financial source. (B) The calculation must be accompanied by a professional opinion on official letterhead that states the calculation is: (i) Reasonable based on the information provided for the calculation; and (ii) Calculated in accordance with state law pertaining to child support interest. (C) Documentation supporting the calculation must be attached in order for the office to include the interest amount as a child support debt. (d) Posting security, bond, or guarantee to secure payment of past due support. (1) The office must petition, and the court may require, noncustodial parents to post security, bond, or give some other guarantee to secure payment of overdue support. (2) Advance notice must be provided to the noncustodial parent regarding the delinquency of the support payment and the requirements for posting the: (A) Security; (B) Bond; or (C) Guarantee. (3) The office will also inform the noncustodial parent of his or her rights and the methods available for contesting the action.