Enforcement of support orders

(a) In general (1) Use of CCSES The CCSES automated enforcement module shall be maintained by SED and shall be used in all IV-D cases to monitor compliance with support orders. Cases of noncompliance shall be identified by CCSES on the date the obligor fails to make payments in an amount equal to the support payable for one month. (2) Required actions Support orders in IV-D cases shall be enforced as follows: (A) Income withholding Income withholding shall be initiated in accordance with subsection (b) of this section. (B) Income tax refund withholding (i) Federal All IV-D cases which satisfy the criteria set forth in section 52-362e-2 of the Regulations of Connecticut State Agencies shall be submitted in accordance with such section once a year for federal income tax refund withholding. (ii) State All IV-D cases which satisfy the criteria set forth in section 52-362e-3 of the Regulations of Connecticut State Agencies shall be submitted in accordance with such section once a year for state income tax refund withholding. (C) Other enforcement actions Except as otherwise provided in this section, SED shall be responsible for taking the actions required by this subparagraph. Enforcement actions other than income withholding and income tax refund withholding shall be taken as follows: (i) Service of process not required If service of process is not required, the action shall be taken within 30 calendar days of the later of the date the delinquency or other support-related noncompliance is identified, or the noncustodial parent is located. (ii) Service of process required If service of process is required, the action shall be taken within 60 calendar days of the date the delinquency or other support-related noncompliance is identified, or the noncustodial parent is located. If service of process cannot be made, diligent efforts to serve process, as described in section 17b-179(m)-3 of the Regulations of Connecticut State Agencies, shall be made and documented within the specified time period. (D) Review when attempts fail In cases in which enforcement attempts have been unsuccessful, the agency responsible for taking the particular enforcement action shall examine, at the time an attempt to enforce fails, the reason the attempt failed and determine when it would be appropriate to take an enforcement action in the future, and review the case at that time. (3) Communication and referral BCSE shall assist SED in the enforcement of IV-D support orders by: (A) referring to SED all persons requesting the enforcement of support orders which have already been established on CCSES; (B) assisting SED in communicating with IV-D agencies in other jurisdictions regarding the collection and enforcement of support orders; (C) notifying SED within five working days of any changes in the status of an assistance or Medicaid case affecting the child support obligation; and (D) providing SED with any new information on the obligor that becomes available to BCSE, including but not limited to address, employer, unemployment compensation intercept data, and increased wages. (4) Motions to add party plaintiff BCSE shall take the necessary steps to prepare a motion to add party plaintiff in situations where the state and the custodial party applying for IV-D services for the child were not parties to the original court action. (5) Fatherhood initiative SED shall, within existing resources, provide information regarding work activity and education programs to noncustodial parents when appropriate. SED shall also make recommendations to the family support magistrate that certain noncustodial parents participate in work activities and education programs when brought before the court. SED shall monitor cases for compliance when the family support magistrate issues an order to participate in work activities and education programs. (b) Income withholding (1) General provisions (A) Responsible agency Except as otherwise provided, BCSE shall be responsible for the procedures in this subsection pursuant to the establishment of an initial support order or the initiation of withholding on the basis of a pre-existing support order not already on CCSES, provided the obligor's income source is known at the time the order is established or the withholding is initiated. SED shall be responsible for such procedures in all other IV-D cases. (B) Termination of withholding BCSE shall examine CCSES reports to identify all cases in which (i) a payment is received, (ii) there is no longer a current support order, (iii) all arrearages have been satisfied, and (iv) income withholding is still in effect. BCSE shall notify SED of all cases so identified, and SED shall promptly notify the obligor's employer or other payer of income to terminate withholding. (C) Refunds SED shall identify all IV-D cases in which amounts have been improperly withheld, and promptly prepare and refer to BCSE a request for refund of such amounts. BCSE shall promptly process such requests. (D) Reporting requirements All support orders issued or modified in IV-D cases shall include a provision requiring the obligor to keep the IV-D agency informed of: (i) the name and address of his or her current employer, (ii) whether the obligor has access to health insurance coverage at reasonable cost and, if so, (iii) the health insurance policy information. (E) Unemployment compensation SED shall review on a monthly basis computer printouts of unemployment compensation recipients to determine if an income withholding order should be served on the labor department commissioner. (F) Action on new hire reporting information SED shall review information received through the new hire reporting process pursuant to section 31-254 of the Connecticut General Statutes and take the necessary action to establish, transfer or enforce an income withholding order pursuant to section 52-362 of the Connecticut General Statutes. (2) Immediate withholding All support orders issued or modified in IV-D cases shall include an order for immediate income withholding, regardless of any arrearage, except where: (A) a party demonstrates, and the court or family support magistrate finds, that there is good cause not to require immediate withholding, or (B) the parties reach a written agreement which provides for an alternative arrangement. For the purposes of this subparagraph, "written agreement" means a written alternative arrangement signed by all parties, approved by the IV-D agency, and reviewed and entered in the record by the court or family support magistrate. (3) Initiated withholding This subdivision applies in all IV-D cases not subject to an order for immediate income withholding, including cases subject to a finding of good cause or to a written agreement, as provided in subdivision (2) of this subsection. (A) When obligor subject to withholding The income, as defined in subdivision (a)(5) of section 52-362 of the Connecticut General Statutes, of the obligor shall become subject to withholding on the date on which the payments the obligor has failed to make under a support order are at least equal to the support payable for one month or, if earlier, and without regard to any arrearage, on the earlier of: (i) the date on which the obligor requests that withholding begin, provided a voluntary wage deduction is executed and approved in accordance with section 52-362c of the Connecticut General Statutes, or (ii) the date on which the custodial party requests that withholding begin, provided such request is in writing and the procedures in subparagraph (B) of this subdivision are followed. (B) Issuance of withholding order The responsible agency shall issue an income withholding order as provided in subsection (e) of section 52-362 of the Connecticut General Statutes when the obligor becomes subject to withholding in accordance with subparagraph (a) of this subdivision. The order for withholding shall include all provisions required by section 52-362 of the Connecticut General Statutes and applicable federal law and regulations. (C) Notice to obligor The responsible agency shall serve notice of the withholding issued under subparagraph (B) of this subdivision promptly in accordance with subsection (h) of section 52-362 of the Connecticut General Statutes. Such notice shall comply in all respects with the provisions of subsection (c) of section 52-362 of the Connecticut General Statutes, and shall be accompanied by a copy of the withholding order. (D) Hearing A hearing shall be held in accordance with subsection (d) of section 52-362 of the Connecticut General Statutes if the obligor contests the withholding in response to the notice served in accordance with subparagraph (C) of this subdivision. When a hearing is requested, the responsible agency shall notify the employer or other payer of income that the withholding order is stayed under said subsection until the claim or motion is decided by the court or a family support magistrate. (4) Processing times (A) Immediate withholding In the case of an immediate withholding order under subdivision (2) of this subsection, the responsible agency shall use CCSES to send the withholding order to the employer within two business days of the date the support order is entered if the employer is known on that date or, if the employer is unknown on that date, within two business days of locating the employer. (B) Initiated withholding In the case of initiated withholding pursuant to subdivision (3) of this subsection, the responsible agency shall use CCSES to send the withholding order to the employer within two business days of the date the obligor becomes subject to withholding if the employer is known on that date or, if the employer is unknown on that date, within two business days of locating the employer. (5) Interstate withholding (A) Initiating cases Within 20 calendar days of a determination that an obligor has earnings subject to income withholding in another jurisdiction and, if appropriate, receipt of any information necessary to carry out the withholding, SED shall follow the procedure set forth in section 52-362f of the Connecticut General Statutes to request interstate withholding. (B) Responding cases SED shall, in addition to any other requirements set forth in section 52-362f of the Connecticut General Statutes, upon filing a foreign support order as provided in subsection (d) of section 52-362f of the Connecticut General Statutes, proceed as provided in section 46b-213k of the Connecticut General Statutes. (c) Administrative enforcement functions (1) BCSE functions BCSE shall meet the requirements of this subdivision in all IV-D cases. (A) Liens Liens shall be placed in accordance with section 52-362d-2 of the Regulations of Connecticut State Agencies. (B) Reporting overdue support to consumer reporting agencies Overdue support information shall be reported to consumer reporting agencies in accordance with section 52-362d-3 of the Regulations of Connecticut State Agencies. (C) Withholding of lottery winnings Lottery winnings shall be withheld in accordance with section 52-362d-4 of the Regulations of Connecticut State Agencies. (D) Seizure of financial assets Financial assets shall be seized in accordance with section 52-362d-5 of the Regulations of Connecticut State Agencies, as provided in subsection (e) of section 52-362d of the Connecticut General Statutes. (E) State and federal income tax refund withholding State and federal income tax refunds shall be withheld in accordance with sections 52-362e-1 through 52-362e-3 of the Regulations of Connecticut State Agencies. Information concerning modifications, deletions and state payments relative to certified cases shall be submitted in a timely manner to the appropriate agency. (F) Federal administrative enforcement certifications Cases appropriate for passport denial, revocation, restriction or limitation, and cases appropriate for administrative offset of federal payments shall be certified to the appropriate federal agency in accordance with applicable federal law. Information concerning modifications, deletions and state payments relative to certified cases shall be submitted in a timely manner to the appropriate agency. (G) Fair hearings When a fair hearing in cases not yet referred to SED, or in cases involving recoupment or seizure of financial assets, is requested by a IV-D obligor, (i) A hearing summary shall be prepared and (ii) Appropriate personnel shall attend and participate in the fair hearing. Testimony regarding the procedures followed by BCSE to establish support orders or to calculate arrearages shall be provided at fair hearings for which SED is responsible when requested by the hearing officer. (H) Capias mittimus Capias mittimus orders shall be served in accordance with the order of the court or family support magistrate. (I) IRS full collection Applications for IRS full collection services shall be submitted to OCSE within 30 days of receipt from SED, provided such applications are properly completed and adequately documented, and the fee has been paid. (J) Fraudulent transfers BCSE shall, in any case in which it determines that a child support obligor has made a transfer of income or property that is fraudulent as to the state or the recipient of IV-D services under chapter 923a of the Connecticut General Statutes, (i) seek to avoid such transfer under section 52-552h of the Connecticut General Statutes or (ii) obtain a settlement in the best interests of the state or such recipient. (2) SED functions SED shall meet the requirements of this subdivision in all IV-D cases. (A) Account audit An audit of an obligor's account shall be performed upon the obligor's request. (B) Fair hearings When a fair hearing on matters other than recoupment or seizure of financial assets is requested by a IV-D obligor, (i) a hearing summary shall be prepared and (ii) appropriate personnel shall attend and participate in the fair hearing. (C) Liens and fraudulent transfers (i) A determination shall be made, when enforcing or modifying an order, whether the obligor owns real or personal property which can be encumbered for the purpose of securing any past-due support or may have made a transfer of any such property that is fraudulent as to the state or the recipient of IV-D services under chapter 923a of the general statutes. (ii) Cases identified in step (i) shall be referred to BCSE within fifteen days for appropriate action. (D) Record maintenance CCSES and manual records related to the enforcement functions described in this section shall be maintained. (E) IRS full collection (i) Applications for IRS full collection services shall be prepared in IV-D cases in which other legal remedies have been exhausted. (ii) The appropriate fee shall be collected and forwarded with the application to BCSE. (iii) Appropriate cases in which SED cannot identify assets sufficient for requesting full collection services shall be referred to BCSE for obtaining information subject to disclosure by the IRS.