Ala. Admin. Code r. 660-3-12-.06 - Right To Contest Lien/Levy
(1) The noncustodial parent has a right to an
administrative desk review of the action taken to implement a lien and a levy
against his/her assets. The request for review must be in writing within
fifteen (15) calendar days of the date appearing on the Notice of Lien. The
Obligor Notice of Lien instructs the noncustodial parent to mail the written
request to the state IV-D agency.
(a) Reasons
for contesting the lien/ levy:
1. Mistake of
fact.
2. The child support debt is
paid in full.
3. (S) He is
receiving SSI or SSI money is in the financial account(s).
4. (S) He does not meet the qualifications
for lien/levy.
5. (S) He is
involved in bankruptcy proceedings.
6. (S) He is strictly on the account for
fiduciary purposes, for example the management of the funds of an elderly
parent or minor child.
7. The
financial account contains SSI money received by another joint account holder
or individual who is a SSI recipient.
8. (S) He or another joint account holder or
individual is a former SSI recipient and SSI funds were deposited into the
financial account.
9. The financial
account is classified as a business account.
10. The financial account is a joint account
and the funds do not belong to him/her.
(b) The noncustodial parent must provide
proof, such as copies of:
1. Canceled checks
or money orders.
2. Child Support
orders or modifications to them.
3.
Pay stubs that show child support withheld.
4. Letters from employers who have withheld
wages.
5. Receipts for child
support payments.
6. Court records
documenting payment of child support.
7. Picture ID and Social Security Card to
prove mistaken identity.
8.
Documents showing that the levied funds do not belong to him/her (bank
documents, etc.).
9. Any other
applicable documents.
(c) If the noncustodial parent is on a joint
account and claims the funds do not belong to him/her, (s)he must provide
documentation that shows that his/her name is on the account strictly for
fiduciary purposes. If documents indicate that the noncustodial parent is on
the account for fiduciary purposes, the levy will be released.
(d) Where there is a joint account and the
noncustodial parent is not on the account for fiduciary purposes, 50% of the
account funds shall be released to the other joint account holder. Where there
are more than two individuals listed on the account, the funds shall be
released to the other joint account holders proportionately based on the number
of individuals on the account. If the noncustodial parent claims that a
different amount belongs to him/her, (s)he must provide documentation that
shows the amount that belongs to him/her. The noncustodial parent's portion
will continue to be levied in order to satisfy the outstanding child support
obligation.
(e) A desk review will
be conducted by the state IV-D agency within 30 days of receiving the request
for an administrative review.
(2) If the issue cannot be resolved in an
administrative desk review, the noncustodial parent has the right to request an
administrative hearing. The non-custodial parent is advised in the Results of
Administrative review document that the state IV-D agency must receive a
written request for an administrative hearing within thirty (30) days of the
date on the document or the money will distribute as child support.
(a) An administrative hearing will be
conducted by the State IV-D agency within 90 days of receiving the written
request.
(3) If the
noncustodial parent does not agree with the findings of the administrative
hearing, (s)he has the right to request a judicial review by filing a notice of
appeal, cost bond, and petition for review as required under the Alabama
Administrative Procedure Act. The noncustodial parent is advised in the results
of administrative hearing document that the state IV-D agency must receive
notice of the court action within thirty (30) days of the date on the document,
or the money will distribute as child support.
(4) A person whose name appears jointly on
the account with the noncustodial parent has the same right as the noncustodial
parent to contest the action to lien/levy the assets. If the joint account
holder claims the funds belong to him/her and not the noncustodial parent, the
joint account holder must provide documentation that shows that the
noncustodial parent's name is on the account strictly for fiduciary purposes.
Where there is a joint account and the noncustodial parent is not on the
account for fiduciary purposes, 50% of the account funds shall be released to
the joint account holder. Where there are more than two individuals listed on
the account, the funds shall be released proportionately based on the number of
individuals on the account. If a joint account holder claims that a different
amount belongs to him/her, the joint account holder must provide documentation
that shows the amount that belongs to him/her. The noncustodial parent's
portion will continue to be levied in order to satisfy the outstanding child
support obligation.
Notes
Author: Clifford Smith
Statutory Authority:
Code of Ala.
1975, ยงยง
30-3-191,
30-3-192, and
30-3-198,
P.L.
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