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Distribution of Federally Approved Interstate Child Support Enforcement Form - Notice of Lien

AT-11-06

Published: June 1, 2011
Information About:
State/Local Child Support Agencies
Topics:
Intergovernmental/Interstate
Types:
Policy, Action Transmittals (AT)
Tags:
Lien and Levy

ACTION TRANSMITTAL

AT-11-06

DATE: June 01, 2011

TO: State Agencies Administering Child Support Enforcement Plans under the Title IV-D of the Social Security Act and Other Interested Parties

Re: Distribution of Federally Approved Interstate Child Support Enforcement Form - Notice of Lien

Attachment: Notice of Lien

Statutory Reference: 42 U.S.C. 652(a)(11), 42 U.S.C. 654(9)(E), and 42 U.S.C. 666(a)(4)

Background: Section 452(a)(11) of the Social Security Act requires the Secretary of Health and Human Services to promulgate administrative subpoena and notice of lien forms for use in interstate cases. The Federal Office of Child Support Enforcement developed the forms, which were effective October 28, 1997. The forms were last reviewed and published in 2008 with an expiration date of February 28, 2011.

DCL-10-06, dated April 13, 2010, provided information regarding how the child support enforcement community could provide comments during the most recent OMB review of the forms. We received approximately five sets of comments and incorporated several revisions into the forms and instructions based on the comments. These revisions are clarifying in nature; they do not impact the information collected on the forms nor the length of time required to complete them. OMB reauthorized the revised Notice of Lien form and instructions until May 31, 2014.

Changes to Previous Form and Instructions:

Notice of Lien form

We made the following changes to the Notice of Lien form for clarity.

  • We inserted in parentheses beneath "IV-D Case #" the phrase "or non-IV-D docket number," and added a sentence at the end of the instructions for field 5. The new sentence reads: "For non-IV-D cases, enter the docket number in this field."
  • Also on page one of the form, we revised the first sentence after the IV-D Case number field to clarify that the lien arises by operation of law. The sentence now reads, "This lien results, by operation of law, from a child support order, entered on…." This change will make the form more effective.
  • On page two, we revised the last sentence in the first paragraph to clarify all the entities that may release or withdraw the lien. The sentence now reads, "This lien remains in effect until released or withdrawn by the issuing agency, the obligee, the entity acting on behalf of the obligee, or in accordance with the laws of the State where the property is located."
  • At the very end of the form in the footer on OMB information, we added a parenthetical note to clarify that the OMB expiration date is not related to the lien itself. The new note reads, "(Please note, this expiration date is for the OMB form and not the lien itself.)"
  • While the form indicates that the amount of judgment for unpaid support may include interest, the instructions regarding interest are confusing. Therefore, in the instructions for field #11, we have edited the second sentence to say simply, "Interest may be included in the lien amount."
  • Finally, we added instructions for using the form in cases involving the same obligor but multiple obligees. After the instructions for field 11, we added "NOTE: If a notice of lien for one obligor is being submitted on behalf of multiple obligees, repeat the information in fields 6-11 as needed and also include the cumulative arrears for all cases."

Please note that the Administrative Subpoena form was renewed with an expiration date of February 28, 2014 prior to the issuance of this Action Transmittal. Please see OCSE-AT-11-02, signed on March 18, 2011.

Superseded Material: OCSE-AT-97-03, OCSE-AT-01-06, OCSE-AT-05-04, OCSE-AT-08-04

Inquiries To: OCSE Regional Program Managers

Sincerely,

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: Tribal IV-D Agencies