576D-6 Other duties of agency. (a) The agency shall:

(1) Establish a state parent locator service for the purpose of locating absent and custodial parents;

(2) Cooperate with other states in:

(A) Establishing paternity, if necessary;

(B) Locating an absent parent who is present in the State and against whom any action is being taken under a Title IV-D program in any other state; and

(C) Securing compliance by an absent parent with a support order issued by a court of competent jurisdiction in any other state;

(3) Perform periodic checks of whether a parent is collecting unemployment compensation and, if so, to arrange, either through agreement with the parent or by bringing legal process, to have a portion of the compensation withheld, to fulfill the parent's child support obligations;

(4) Notify annually each custodial parent, guardian, protective payee, or other person having custody of the child of an Aid to Families with Dependent Children family of the amount of child support collected on behalf of the child in the family. For the purpose of this paragraph, "Aid to Families with Dependent Children family" means a family that receives financial assistance under the federal Aid to Families with Dependent Children program or its successor;

(5) Establish and use procedures that shall require a debtor parent to give security, post bond, or give some other guarantee to secure payment of delinquent child support. The procedures shall apply to all debtor parents of children described under section 576D-3. The procedures shall include advance notice to the debtor parent in full compliance with the State's procedural due process requirements. The agency shall develop guidelines, which are available to the public, to determine whether the case is appropriate for application of this requirement;

(6) Establish and use procedures by which information regarding the name of the debtor parent and the amount of delinquent child support owed by a debtor parent residing in the State will be made available to any consumer reporting agency as defined in section 603(f) of the Fair Credit Reporting Act. The procedures shall be effectuated upon the agency being authorized to provide Title IV-D services and shall include provisions to provide to the debtor parent whose information is being reported advance notice of the procedures, which notice and procedures shall be in full compliance with the State's procedural due process requirements, to contest the accuracy of the information;

(7) Establish and use procedures that will enforce liens against the real and personal property of a debtor parent who owes overdue support and who resides or owns property in the State. The agency shall further establish guidelines that are available to the public to determine whether the case is inappropriate for application of this paragraph;

(8) Establish and use procedures for the notification of a custodial parent that any income tax refund setoff under section 231-53 shall be retained by the State in cases where medical support rights have been assigned to the State and the income tax refund setoff is applied to amounts designated in the child support order for medical purposes;

(9) Establish and use procedures for prompt reimbursement of overpayment of child support debts from income tax refund setoffs under section 231-53. The procedures shall provide for the reimbursement to be made by the custodial parent or agency;

(10) Establish and use procedures for periodic review and modification of child support orders in accordance with Title IV-D;

(11) Provide notice not less than once every three years to those parents subject to an order of support informing the parents of their right to request the agency to review and, if appropriate, adjust the order of support pursuant to the guidelines established under section 576D-7;

(12) Establish and operate a state case registry that contains records of:

(A) Each case in which services are being provided by the agency under the state plan; and

(B) Each support order established or modified in the State on or after October 1, 1998.

The records shall use standardized data elements for both parents, including but not limited to names, residential and mailing addresses, telephone numbers, driver's license numbers, social security numbers and other uniform identification numbers, dates of birth, case identification numbers, and the names, addresses, and telephone numbers of the parents' employers, and contain any other information as required by the United States Secretary of Health and Human Services. In each case, with respect to subparagraph (A) and where a support order has been established, the case record shall include the amount of monthly or other periodic support owed under the order, and other amounts, including but not limited to arrearages, due under the order, the amounts collected under the order, the birthdate of any child for whom the order requires the provision of support, and the amount of any lien imposed;

(13) Perform other duties required under chapter 576B, the Uniform Interstate Family Support Act; and

(14) Perform other duties required under Title IV-D.

(b) The procedures required under subsection (a)(5), (6), (7), (8), (9), and (10) shall be established by rule in accordance with chapter 91. [L 1986, c 332, pt of 2; am L 1991, c 182, 1; am L 1994, c 24, 2; am L 1995, c 137, 1; am L 1996, c 25, 2; am L 1997, c 293, 27; am L 1998, c 153, 5; am L 2008, c 178, 1; am L 2011, c 79, 2]


Case Notes


With the consent of the payor-parent, the family court is authorized to enter an order barring the payor-parent, for a period of three years, from seeking a reduction in court-ordered child support. 101 H. 37 (App.), 61 P.3d 548 (2002).



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