Haw. Code R. § 5-31-4 - Scope

(a) The agency shall formulate and administer the state plan as required pursuant to section 576D-2, Hawaii Revised Statutes.

(b) The agency may undertake any or all legal or administrative actions to:

(1) Locate non-custodial parents;

(2) Establish paternity;

(3) Establish non-custodial parents' obligation to support their child or children;

(4) Review non-custodial parents' obligation to support their child or children;

(5) Modify non-custodial parents' obligation to support their child or children;

(6) Collect and distribute voluntary payments or child support payments or both when a child support order requires collection and distribution, except that disbursement in temporary assistance for needy families cases shall be made in accordance with 4 5 C.F.R. §302.51 ; and

(7) Enforce collection of child support by any or a

combination of all appropriate enforcement methods available to the agency, including, but not limited to:

(A) Judicial process;

(B) Administrative process,-

(C) Interception and retention of federal tax refunds,-

(D) Interception and retention of state tax refunds;

(E) Interception and retention of periodic or lump-sum payments from unemployment benefits, workers' compensation benefits, assets, settlements, proceeds, awards, judgments, lotteries, and any other entitlement to money due to non-custodial parents;

(F) Establishment of liens;

(G) Establishment and enforcement of income withholding orders;

(H) Financial institution data match resulting in the freezing of financial accounts and the seizing of funds;

(I) Referrals to consumer reporting agencies;

(J) Referrals to licensing agencies for the suspension of driver or professional licenses;

(K) Referrals for the denial of passports;

(L) Referrals for administrative offsets; and

(M) Referrals for federal prosecution in interstate cases.

(c) The agency may decline to establish paternity, to pursue child support, and to initiate review and modification of child support when:

(1) Incest or forcible rape is involved;

(2) Legal proceedings for adoption are involved;

(3) The parent is receiving pre-adoption services not to exceed three months; or

(4) There is actual or potential physical or emotional harm to parents, children, or caretakers.

(d) The agency shall cooperate with other states in:

(1) Locating a non-custodial parent;

(2) Establishing paternity and child support orders;

(3) Enforcing child support orders,-

(4) Collecting and disbursing child support payments; and

(5) Reviewing and modifying child support orders.

Notes

Haw. Code R. § 5-31-4

[Eff 2/13/89; am 7/27/90; am and comp 10/31/1991; am and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS §§ 576D-3, 576D-4, 576D-6, 576D-10, 576E-2; 45 C.F.R. §§302.51, 302.60, 303.5, 303.71,)