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576D-1 Definitions.

§576D-1 Definitions. For the purpose of this chapter: “Absent parent” means a parent who is absent from the family, whether or not the parent is a debtor parent. “Agency” means the child support enforcement agency established under section 576D-2. “Child support” means payment for the necessary support and maintenance of a child as required by […]

576D-10 Collection and disbursal of child support; direct payment exception.

§576D-10 Collection and disbursal of child support; direct payment exception. (a) The agency shall collect and disburse child support payments when an order requires the collection and disbursal. In the event of any default by the obligor, upon notification of the default by the custodial parent, the agency shall proceed against the obligor for the […]

576D-10.5 Liens

§576D-10.5 Liens. (a) Whenever any obligor through judicial or administrative process in this State or any other state has been ordered to pay an allowance for the support, maintenance, or education of a child, or for the support and maintenance of a spouse or former spouse in conjunction with child support, and the obligor becomes […]

576D-11 Staff.

§576D-11 Staff. The attorney general shall appoint, without regard to chapter 76: (1) An administrator; (2) An assistant administrator who shall serve as controller and whose duties shall include but not be limited to designing and implementing controls over all financial management systems, including electronic data processing systems, and developing an appropriate staffing plan; (3) […]

576D-11.5 Criminal history record checks. (a) The agency shall develop procedures for obtaining verifiable information regarding the criminal history of any person, including any contractor, who is employed, seeking employment with, or provides or seeks to provide services to the agency if this person will require access to federal tax information. These procedures shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the agency for the purpose of determining whether a person is suitable for accessing federal tax information. All decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect. (b) The agency may terminate or deny employment to any employee or applicant, or terminate or refuse to secure the services of any contractor, if the agency finds by reason of the background investigation conducted under subsection (a) that the employee, applicant, or employee or agent of the contractor poses a risk to the security of federal tax information. Termination or denial of employment, or termination or refusal to secure the services of any contractor under this subsection shall only occur after appropriate notification to the employee, applicant, or employee or agent of the contractor of the findings of the background investigation, and after the employee, applicant, or employee or agent of the contractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the agency. (c) The agency shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2017, c 132, §5]

§576D-11.5 Criminal history record checks. (a) The agency shall develop procedures for obtaining verifiable information regarding the criminal history of any person, including any contractor, who is employed, seeking employment with, or provides or seeks to provide services to the agency if this person will require access to federal tax information. These procedures shall include […]

576D-12 Protection of records; divulging confidential information prohibited; penalties.

§576D-12 Protection of records; divulging confidential information prohibited; penalties. (a) The agency and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any individual or case shall be confidential. The use or disclosure of information concerning any individual or case shall be limited […]

576D-13 Suspension or denial of licenses.

§576D-13 Suspension or denial of licenses. (a) Upon a determination that an obligor is not in compliance with an order of support as defined in section 576D-1 or that an individual failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, and that the obligor or individual is the […]

576D-14 Implementation of income withholding.

§576D-14 Implementation of income withholding. (a) For cases being enforced under the Title IV-D state plan or for those parents applying to the agency for services, the income of an obligor who receives income on a periodic basis and who has a support obligation imposed by a support order issued or modified in the State […]

576D-15 Financial institution data match system.

§576D-15 Financial institution data match system. (a) The agency may enter into agreements with financial institutions doing business in the State to develop and operate a data match system for the purposes of support enforcement, using automated data exchanges to the maximum extent feasible. (b) The financial institution shall provide to the agency, on a […]

576D-17 Violations; penalties.

§576D-17 Violations; penalties. (a) Unless otherwise provided, any person or entity in the State including for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions that knowingly, intentionally, or wilfully violates any section of this chapter or any request of the agency pursuant to […]

576D-18 Investigators; access to information.

§576D-18 Investigators; access to information. (a) The attorney general shall commission child support enforcement investigators who shall have all powers and authority of a police officer or a deputy sheriff to fulfill their official responsibilities; provided that a person so appointed and commissioned shall not carry firearms. (b) The duties of the commissioned investigators shall […]

576D-2 Designation of child support enforcement agency; duties.

§576D-2 Designation of child support enforcement agency; duties. There is created the child support enforcement agency for the State as required under Title IV-D. The agency shall be within the department of the attorney general. The child support enforcement agency shall: (1) Be responsible for formulating the state child support enforcement plan as required under […]

576D-3 Obtaining or enforcing child support.

§576D-3 Obtaining or enforcing child support. (a) The agency shall undertake any legal or administrative action to secure support for a child by enforcing an existing court order or obtaining a court order of support. (b) To carry out its responsibilities imposed under this chapter, the agency, through the offices of the corporation counsel, the […]

576D-4 Establishment of paternity.

§576D-4 Establishment of paternity. When necessary to obtain child support for a child under section 576D-3, the agency shall take any legal or administrative action to establish the paternity of the child. The agency shall undertake the action on behalf of the State, child, custodial parent of the child, or any other person for whom […]

576D-5 Fee for obtaining or enforcing nonpublic assistance order.

§576D-5 Fee for obtaining or enforcing nonpublic assistance order. (a) The agency shall require the payment of a reasonable fee on the application of a person under section 576D-3(b)(3) who is not receiving public assistance for support of the child for assistance in obtaining or enforcing a child support order. The payment and amount of […]

576D-6 Other duties of agency.

§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 […]

576D-7 Guidelines in establishing amount of child support.

§576D-7 Guidelines in establishing amount of child support. (a) The family court, in consultation with the agency, shall establish guidelines to establish the amount of child support when an order for support is sought or being modified under this chapter. The guidelines shall be based on specific descriptive and numeric criteria and result in a […]

576D-8 Transmittal of money collected to department of human services.

§576D-8 Transmittal of money collected to department of human services. The moneys collected by the agency on behalf of the department of human services shall be transmitted to the department of human services as required by Title IV-D of the Social Security Act. [L 1986, c 332, pt of §2; am L 1987, c 339, […]

576D-9 Incentive payments to State and political subdivision.

§576D-9 Incentive payments to State and political subdivision. If one or more political subdivisions of the State participate in the costs of carrying out the child support enforcement activities during any particular period, each such subdivision shall be entitled to receive an appropriate share of any federal incentive payments made to the State for such […]