Haw. Code R. § 5-31-30 - Property Liens

(a) Liens on real and personal property shall be established pursuant to section 576D-10.5, Hawaii Revised Statutes.

(b) The agency shall be responsible for intercepting and seizing assets, settlements, proceeds, awards, judgments, lotteries, and any other entitlement to money due to noncustodial parents who owe arrearages.

(c) A notice of the amount owed by the non-custodial parent shall be provided to any entity that may be holding funds on behalf of a non-custodial parent to whom subsection (b) applies.

(d) Upon receipt of a written request by the non-custodial parent for an administrative review on the seizure of the funds, the agency shall proceed under section 5-31-35.1.

(e) Prior to the agency receiving the funds, if the agency is served with proper notice that the non-custodial parent is contesting the seizure through a judicial proceeding, the agency shall notify the entity to hold the funds until the proceeding has been completed.

(f) If, after the judicial proceeding has been completed, it is determined that the seizure is proper and the funds have not been released to the agency, the agency shall notify the entity to release the funds to the agency.

(g) If, after an administrative review or a judicial proceeding, it is determined that the seizure is improper and the funds have not been released to the agency, the agency shall notify the entity that the lien is withdrawn.

(h) Liens may not be enforced if the administrator determines that it is not in the best interest of the child.

Notes

Haw. Code R. § 5-31-30

[Eff 2/13/89; § 5-31-9; am, ren, and comp 10/31/1991; am and comp MAR 30 2014] (Auth: HRS § 576D-6(b)) (Imp: HRS §§ 576D-6(a)(7), 576D-10.5)