Automated Enforcement – Dispelling the Myth Jessica Goodman State Enforcement Unit 303-866-5176

Myth The county Magistrate/Judge can order that child support stop an automated enforcement remedy

IRS/REV and Passport Pre-pay is considered a balance and therefore it is certified for tax offset Pre-Pay Tax offset Notice The obligor is given due process to request an Administrative review to prove CSS has 1. The wrong person 2. The balance on the notice is incorrect. Due Process Held for 6 months to allow injured spouse to be filed Joint IRS Returns Balance is certified to IRS and Rev CSS does not know: 1. If the obligor will file 2. If a refund will be due to the obligor 3. If the refund amount from either will satisfy the balance due Certification Tax offset Notice The obligor is given due process to request an Administrative review to prove CSS has 1. The wrong person 2. The balance on the notice is incorrect. Injured Spouse Must be completed when: Any portion of a revenue offset is returned as over collect to NCP Anytime we offset an innocent person (erroneous offset) CSE-56 Should be held for 6 months NCP Over Collect When an innocent party is offset the county has 2 days to return the funds, this is called erroneous offset Per Vol 6 rule if we erroneously offset an innocent party the county has 2 working days to return the funds. Vol 6.805.33 Innocent Party The balance must be zero for the passport hold to be released Passport Hold

Fun Fact It is nearly impossible to lick your own elbow……..

DLS This is the second notice in the DLS process and CSS requests DMV to take action DMV also sends notice with suspension date. DMV must have compliance before suspension date to stop action (remember it takes 48 hours to get from ACSES to the DMV system) Pay criteria for NOC after suspension is the same as selection Initial Failure (B) It takes 48 hours for a NOC to appear at DMV. If an agreement is made to stop a suspension action the case worker must monitor the case and request NOC upon payment. It is NOT the obligor’s responsibility to call the case worker. A NOC does not mean an obligor can reinstate – only that they are in compliance with CSS. NOC Due process notice An obligor will have to reinstate after non-compliance. Non-Compliance (A) A rescission removes the suspension record from the obligor’s driving record and will be approved only if there is proof of a county or state error. Rescission Must be in the Enforcement Pool Not paying per the pay criteria: An NCP is considered paying if the sum of payments in the current, previous and prior 1 accounting periods is greater than or equal to 90% of the sum of the MPD due for the previous and prior 1 accounting periods. Selection Allows obligor to drive for work purposes only and is valid for 90 days Obligor should be directed to DMV to see if they are eligible Probationary License To request a NOC you must go to PAYPLAN and either change the MAD or the PAYPLAN date to get the pop-up to select “Yes” for the NOC. PAYPLAN Issued when compliance in less than 12 months old and not meeting the pay criteria: An NCP is considered paying if the sum of payments in the current, previous and prior 1 accounting periods is greater than or equal to 90% of the sum of the MPD due for the previous and prior 1 accounting periods. Pay criteria for compliance after suspension in subsequent failure: 3 Consecutive months payment (from the date of the Subsequent Failure Notice date Subsequent Failure (C) NCP must reinstate for license reflect as valid. Reinstatement is a DMV process and CSS cannot intervene Reinstatement

Myth When the obligor is incarcerated, there is no action for DCSS to take?

RLS Suppressing RLS does NOT generate a NOC Set CALREV to follow up and unsuppress when the suppression reason is no longer valid If suppressing to stop the license from being suspended for and additional year, it must be done prior to the compliance calculation (before month end of the month prior to the suspension end date). Suppression Must be in the Enforcement Pool Balance greater than 6 months MPD Paid less than 50% of the MPD in the previous through prior 5 accounting periods Selection Suspension is for 1 year (from the start date to the end date) If pay criteria is not met at end date, suspension is extended for an additional year. Suspension Lifted suspension is issued when RLS is suppressed at the suspension end date. No pay criteria is calculated Lifted Suspension Best practice is to tell the obligor they are in compliance with CSS and to contact CPW to see if there are eligible to reinstate. Reinstatement There are two ways for the obligor to get compliance Pay the arrears balance in full at any time and the NOC will be created overnight Meet the pay criteria at the suspension end date: Sum pf payments for the Previous through prior 11 accounting periods Example: suspension end date is in MAY the compliance calculation is April back to May of the previous year. NOC If an NCP is suspended an attempts to get a license, CPW may add an additional 2 years to the suspension, this is not tracked in ACSES. CPW Rules CSS requests CPW to take action Obligor has 30 days to pay arrears balance to zero Tech can suppress prior to suspension start date to stop action Failure Notice (B) A rescission removes the suspension from the obligor’s hunting and fishing privileges and will be approved only if there is proof of a county or state error. Rescission

Fun Fact Standing around burns calories. On average a 150 pound person burns 114 calories per hour while standing and doing nothing!

FIDM Pending for 7 calendar days The NCP and Joint account holder letter for appeal is mailed 7 days after the Lien and Levy has been sent to the financial institution. Gives the obligor or joint account holder 20 days to request an exception/exemption appeal. NCP/ Joint Acct Holder Notice Complete the alert check list Review chronology to know what other remedies are impacting the obligor that you may have made an agreement for (ex. Agreement for NOC for DLS with payment) Big Picture Review Must be requested by the IV-D Admin or designee After the 7 days to work the alert has past If there is a valid reason to suppress at any point in time Indefinite Suppression Pending for 7 calendar days If tech does not clear the alert, the system issues the Lien and Levy to the Financial Institution Alert The Due Process notice for FIDM is the Annual Tax Offset Notice Due Process The system automatically unsuppresses FIDM when the bankruptcy flag is updated to dismissed or discharged Bankruptcy The purpose of an appeal is to prove some or all of the funds seized should be returned to the account because of an exception/exemption appeal reason. All documents needed to process appeal are included in the letter mailed and must be faxed to the SEU before the deadline. Appeal In the Enforcement Pool Balance greater than $1000 Not paying per the pay criteria: An NCP is considered paying if there is a payment in the current, previous or prior 1 accounting period Selection CSS matches quarterly with the financial institutions Match time frame

Myth Only the SEU can suppress UCB FIDM CRA Passport Vendor

WC/CSLN WC and CSLN PI SEU CSS attaches to 50% of a lump sum and/or settlement for both in-state and CSLN WC claims WC Lump Sum If an attachment needs to be modified the case worked needs to send a chron email to the SEU WC mailbox so a modified attachment can be sent to the insurance carrier Modify Attachment The CALREV contains the obligor address and employer information which could be new locate information Locate Not paying per the pay criteria:                 An NCP is considered paying if the sum of payments in the current, previous and prior 1 accounting periods is greater than or equal to 90% of the sum of the MPD due for the previous and prior 1 accounting periods Pay Criteria CSLN charges a fee of $48.50 for each match The fee applies to both CSLN WC and CSLN PI Fee The CALREV is pending for 7 days. The tech can activate for MPD or 50% of the monthly benefit, cancel or suppress the attachment. CALREV All calls from adjusters or attorneys need to be referred to the SEU SEU CSS attaches to 100% of the net proceeds paid to the obligor CSLN PI Lump Sum A case worker can suppress a worker’s compensation attachment  this is not done by the SEU Suppression

Fun Fact In 1963, major league baseball pitcher Gaylord Perry remarked, "They'll put a man on the moon before I hit a home run." On July 20, 1969, an hour after Neil Armstrong set foot on the surface of the moon, Perry hit is first, and only, home run while playing for the San Francisco Giants

CRA Referral CSS sends a monthly referral on the 8th of each month Screen used to view the information sent to the bureaus for each accounting period FCCSHIS The state office will refer any questions about property liens to the case worker as they are issued by the county not the state office Liens Created once selected into CRA INQ Option “D” ENFPOOL CSS sends a monthly referral on the 8th of each month Referral All calls from lenders should be referred to the SEU for response.  This is a requirement of the Fair Credit Reporting Act Lenders CSS reports a trade line and a collection account to the bureaus 2 Lines Reported CSS reports to Trans Union, Equifax and Experian Bureaus CSS is federally mandated to report all past due child support to the bureaus There are only 2 valid reasons for suppression Colorado is the initiating state Wrong person Suppression Balance greater than 500 An amount 60 days or greater past due on the FCCSHIS Selection

Challenge! An apple, potato and onion all taste the same if you eat them with your eyes closed and nose plugged……