R527-40-3. Recoupment of Public Assistance Overpayment or Retained Support

For this subsection, the obligee who retained support on the child support case becomes the obligor on the new case to recover the retained support. (1) If the obligor is not receiving assistance: (a) the obligor will be asked to complete an income asset affidavit; (b) the total liability shall be reviewed with the obligor; and, (c) the obligor will be requested to pay the obligation in full. (2) If total payment is not possible, the following will be reviewed: (a) type of debt; (b) anticipated length of time to repay the debt; (c) total income, assets, and expenses of the obligor's household; and, (d) any anticipated changes in the household circumstances. (3) If the obligor is receiving assistance, payment may be made by assistance recoupment. The recoupment may be voluntary or may be recouped without consent.