dcl9648.htm

Interstate Subpoenas and Interstate Liens

October 7, 1996

DC-96-48

TO ALL STATE IV-D DIRECTORS

RE:New Federal Forms for Interstate Subpoenas and Interstate Liens

Dear Colleague:

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), signed by President Clinton on August 22, 1996, requires the Federal OCSE, after consultation with the State IV-D Directors, to promulgate forms to be used by States in interstate cases for the imposition of liens and administrative subpoenas (PRWORA, section 324). PRWORA requires that these forms be completed by October 1, 1996. Although OCSE has not completed these forms by that date, every effort will be made to expedite the development and approval of these new Federal interstate forms.

Drafts of these two new forms are enclosed. I am asking that your program review these forms and provide comments to OCSE by October 31, 1996. In order to ensure that these forms receive a complete review, please distribute them to the appropriate individuals in your State.

Several States sent in their intrastate forms for us to use as models. Earlier versions of these forms were shared with all of the State IV-D staff who attended last month's UIFSA II Retreat, held in Fairfax, Virginia. The current versions of these forms incorporate the comments received from these individuals.

The Interstate Subpoena will be the form used by all States in IV-D cases to meet the PRWORA (section 325(a)) requirement that States implement expedited procedures "to subpoena any financial or other information needed to establish, modify, or enforce a support order and to impose penalties for failure to respond to such a subpoena."

The Interstate Lien will be the form used by all States in IV-D cases to meet the PRWORA (section 368) requirement that States implement procedures under which "(A) liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent; and (B) the State accords full faith and credit to liens described in subparagraph (A) arising in another State, when the State agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the State, except that such rules may not require judicial notice or hearing prior to the enforcement of such a lien."

Please direct your comments to these forms to Karen Bartlett, Interstate Liaison, at OCSE, 370 L'Enfant Promenade S.W., Washington D.C. 20447, (202) 401-4630. You may fax comments to Karen Bartlett at (202) 401-5559. Thank you for assisting OCSE in the development of these important interstate forms.

Sincerely,

/s/ Robert C. Harris, for

David Gray Ross

Deputy Director

Office of Child Support Enforcement

Enclosures

cc:ACF Regional Offices

INSTRUCTION FOR INTERSTATE SUBPOENA

To complete this form:

FORM PAGE ONE

1.Place, in the "TO" field, the name and address of the individual or entity on whom you are serving the subpoena. (Frequently, this will be an employer.)

2.Place, in the "REGARDING" field, the name, dob, and SSN (if available) of the individual you are requesting information about. (Frequently, this will be the noncustodial parent.)

3.Check the first box if you want the individual receiving the subpoena to appear in person at a hearing or trial. Also check the first box and the second box (see instruction #7) if the person can testify by telephone.

4.Provide the date (day, month, year) that you want the individual receiving the subpoena to appear in the first three blank spaces following "Appear on the".

5.Provide the location (street address) of where you want the individual receiving the subpoena to appear in the space available following "at".

6.Provide the time of day, including the time zone, that you want the individual receiving the subpoena to appear in the space available following "at the hour of".

7.Check this second box along with the first box (see instruction #3) if the individual receiving the subpoena may testify by telephone.

8.Check the third box if you want the individual receiving the subpoena to appear in person and bring specific records or documents with them when they appear.

9.Provide the date (day, month, year) that you want the individual receiving the subpoena to appear in the first three blank spaces following "Appear on the".

10.Provide the location (street address) of where you want the individual receiving the subpoena to appear in the space available following "at".

11.Provide the time of day that you want the individual receiving the subpoena to appear in the space available following "at the hour of".

12.Clearly, completely and specifically describe all records or documents that you are requesting the individual receivingthe subpoena produce.

FORM PAGE TWO

13.Check the first box on page two if you are only requesting that the person receiving the subpoena provide records or documents (without appearing in person).

14.Clearly, completely and specifically describe all records or documents that you are requesting the individual receiving the subpoena provide.

15.Provide the date that the requested documents are to be provided to you.

16.Check the "notarized" box if you require the documents to be notarized.

17.Check the "witnessed" box if you do not require the documents to be notarized.

18.Place the date the subpoena is signed on the "date" line.

19.The person issuing the subpoena signs on the "signature" line.

20.Provide the IV-D offices name, address, phone/fax numbers in the space following "Issuing IV-D Agency".

21.Provide the IV-D case number in the space following "Issuing State IV-D Case Number"

INTERSTATE SUBPOENA

TO:1

REGARDING: 2

Pursuant to Federal law (42 U.S.C. 666(c)(1)(B)), the law of the issuing state (cite state statute) and similar statutes in all other states, the undersigned COMMANDS you to perform the following acts, as indicated by the checked box:

[3] (Checked if applicable)

APPEAR IN PERSON:

Appear on the 4 day of , 19 , at 5

at the hour of 6 to provide information needed to establish paternity or establish, modify, or enforce the child support obligation concerning the individual identified above.

[7]If this box is checked, you may testify by telephone from your home or business. To do so, you must contact the agency that is issuing this subpoena (see bottom of page 2) within five business days of the date you are required to provide testimony.

[8] (Checked if applicable)

APPEAR IN PERSON WITH SPECIFIC DOCUMENTS:

Appear on the 9 day of , 19 , at 10

at the hour of 11 to provide information and produce evidence needed to establish paternity or establish, modify, or enforce the child support obligation of the individual identified above. The documents you are required to produce are specifically described as: 12

[13] (Checked if applicable)

PROVIDE THE FOLLOWING INFORMATION/DOCUMENTS:

Provide the following information or documents: 14

to the agent issuing this subpoena by this date: 15 The information or documents may be mailed or sent by facsimile transmission. Any document which is not a business or government record made in the ordinary course of business or on company or government letterhead must be dated, signed by you or your designee and be [16] notarized - [17] witnessed with the following statement:

"I affirm that, to the best of my knowledge, the above document(s) accurately reflect(s) the information requested by the authorized agent".

The undersigned states that, as an authorized agent of a state or county agency responsible for implementing the child support enforcement program set forth in Title IV, Part D, of the Federal Social Security Act (42 U.S.C.), I have legal authority to issue this subpoena to have effect in any state. Failure to honor this subpoena may result in the imposition of penalties as provided by your state's laws.

18 19

Date Authorized Agent

For additional information regarding this subpoena, please contact the issuing agency identified below and reference the IV-D case number.

Issuing IV-D Agency: 20

Issuing State IV-D Case Number: 21

INSTRUCTION FOR NOTICE OF INTERSTATE LIEN

To complete this form:

1.Place the name and address of the obligor in the "Regarding" field.

2.Place the obligor's SSN in the SSN field.

3.Put the name of your state in the "State issuing this Notice of Lien" field.

4.Put your state's IV-D number in the "Issuing State IV-D Case #" field.

5. Place the order's date of entry in the space following "entered on".

6.Identify the name of the tribunal (court or administrative) that issued the underlying child support order in the space following "by".

7.Identify the location (State/county) of the tribunal that issued the underlying order in the space following "in". (The underlying order is the order that governs the frequency and amount of the child support to be paid.)

8.Identify the tribunal docket, jacket or file number of the underlying order in the space following "docket number".

9.Add the amount of the current support obligation in the space following "in the amount of $".

10.Identify the frequency (month/week, etc.) with which the current support is ordered to be paid in the space following "per".

11.Insert the date of the debt calculation that is used in the lien in the space following "As of".

12.Insert the lien amount (the amount of the past-due support obligation owed when the lien is prepared) in the space following "amount of $".

13.If applicable, identify any property that you want the lien to attach to in the space following "Specific description of property". Use the legal description of real property and, even when the target of the lien is personal property, always provide the most specific identifying information available.

14.Place the date the lien is signed on the line provided above "date".

15.Sign the lien on the line provided above "signature".

16.Provide the name, address, phone/fax numbers of the issuing IV-D office at the bottom of the form, following "when contacting:".

NOTICE OF INTERSTATE LIEN

REGARDING: 1

Social Security Number: 2

State issuing this Notice of Lien: 3

Issuing State IV-D Case #: 4

This lien arises from a child support order, entered on 5 by 6 in 7 docket number 8 . When the order was entered, the issuing tribunal had personal and subject matter jurisdiction in the case and reasonable notice and an opportunity to be heard were provided to the above-named debtor, sufficient to protect the debtor's right to due process. This order requires the above-named debtor to pay child support in the amount of $ 9 per 10 .

As of 11 , the debtor owes unpaid child support in the amount of $ 12 . The sum owed, including each prospective installment once past-due and unpaid, is a judgment by operation of law, a lien by operation of law, and entitled to full faith and credit in each state. The judgment is not subject to retroactive modification. This lien attaches to all real and personal property of the above-named debtor which is located or existing within the state/county of filing, including any property specifically described below.

Specific description of property: 13

This lien and its perfection are governed by the law of the state where the property is located. This lien is entitled to the same priority that is accorded child support liens under the law of the state in which the property is located. Failure to honor this lien may result in penalties as provided under the law of that state.

As an authorized agent of a state, or subdivision of a state, agency responsible for implementing the child support enforcement program set forth in Title IV, Part D, of the Federal Social Security Act (42 U.S.C. 651 et seq.), I have authority to file this child support lien in any state. This lien may only be released by court order, or by a written release received from an authorized agent of the child support enforcement agency listed below.

14 15

Date Authorized Agent

For additional information regarding this lien, including the pay-off amount, please reference the IV-D number listed above when contacting: