AT-01-06, Distribution of Federally Approved Interstate Child Support Enforcement Forms: Administrative Subpoena and Notice of Lien

U.S. Department of Health and Human Services
Administration for Children & Families
Office of Child Support Enforcement

ACTION TRANSMITTAL

OCSE-AT-01-06

DATE: April 4, 2001

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Distribution of Federally Approved Interstate Child Support Enforcement Forms: Administrative Subpoena and Notice of Lien

ATTACHMENT: Attached are copies of the revised Administrative Subpoena and Notice of Lien forms and instructions.

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 454(9)(E) of the Social Security Act requires OCSE to promulgate administrative subpoena and notice of lien forms for use in interstate child support enforcement cases. OCSE developed the forms which were effective October 28, 1997. The forms expired October 31, 2000. We took advantage of the requirement to request re-authorization of the forms to form a workgroup that advised us on revisions that would be helpful to States in using the forms to enforce interstate child support cases. The forms have been re-authorized by the Office of Management and Budget with new expiration dates of 3/31/2004

CHANGES TO PREVIOUS
FORMS:

Administrative subpoena:

We specified in the body of the form what information to include in each of the first 4 spaces for ease of use.

We changed "issuing State case number" to IV-D case number for clarity.

We revised the language in the paragraph for clarity and amended the cite to make it more specific.

We changed the statement about authorized agent for emphasis and revised the citation for clarity.

We combined the request for information with the request for response by a certain date.

We changed the paragraph that previously began "The undersigned133." for emphasis only

We added reference to a printed name, e-mail address, phone and fax number to all the forms for clarity and ease of contact.

Administrative Subpoena Instructions:

No changes made except to account for the above changes.

Notice of Lien:

We added the name and address of the recorder of liens for additional clarity. Because the form can be used in non-IV-D child support cases we added reference to private attorney and reference to entity acting on behalf of the obligee. We added a request that the obligor’s date of birth and social security number be specified, if known.

Because the form may be used by non-IV-D cases, we changed "claimant’s case number" to "IV-D case number".

We changed references to "docket" to "tribunal"

We deleted reference to the specific amount of the order because we felt it was not a useful basis for the a lien.

Because interest rates may change and are not applicable in all cases, we think the general statement "may be subject to interest" is better and is consistent with the recommendations of the one-state interstate retreat notes published in OCSE-IM-97-05.

We changed "accrue" to "added" in the paragraph that begins "Prospective amounts133." because it is clearer and less technical. In the same paragraph, we added "titled property" because it was consistent with the recommendations in IM-97-05.

In the paragraph following the list of property, we added reference to "all aspects of this lien" for emphasis and made other minor semantic changes for clarity.

In the section with checkboxes for "A" or "B", we changed "issued" to submitted to clarify tribunal action is not necessary to submit a lien. We added reference to the IV-D agency acting on behalf of the obligee for clarity. We added reference to private attorneys and entities representing the obligee in "B".

In the paragraph following the checkboxes for "B" we added the phrase "under penalty of perjury that the information contained in this notice is true and accurate and133."

We added reference to a printed name, e-mail address, phone and fax number to all the forms for clarity and ease of contact.

Instructions for the Notice of Lien:

We added reference to use in intrastate as well as interstate for clarity. Specific reference to FIDM and explanation for date added for clarity.

We deleted reference to enforcement because the form can be used by non-IV-D cases as well as IV-D.

SUPERSEDED MATERIAL: As a result of OMB’s final approval, the current version of these two forms supersede the previous versions that were distributed to the States in OCSE-AT-97-19 on November 20, 1997. Administrative subpoenas and notices of liens currently in use in States to enforce interstate child support cases do not have to be re-issued. States can respond to requests from other States based on requests issued using the earlier forms.

ACTION REQUIRED: The attached versions of the administrative subpoena and notice of lien are to be implemented upon receipt.

INQUIRIES TO: ACF Regional Administrators

______________________________
Frank Fuentes
Acting Commissioner
Office of Child Support Enforcement

Administrative Subpoena and Notice of Lien Forms and Instructions