Administrative Review General

DCSS-POL-06-1.1 v.2

 

1. OVERVIEW

The purpose of this policy is to provide the public and staff working knowledge of the administrative review process by which the Division of Child Support Services (DCSS) responds to a request from a party in a child support case contesting an administrative enforcement action taken by the DCSS.

2. APPLICABILITY

This policy applies to all Arizona IV-D program staff performing Title IV-D services.

3. POLICY

The DCSS shall conduct administrative reviews upon receipt of a request disputing an administrative enforcement action taken by the DCSS.

The final determination of an administrative review is subject to judicial review.

4. CRITERIA

1. An administrative review may be requested on any of the following administrative actions:

1. Administrative Levy (Asset Seizure)
2. Administrative Lien
3. Administrative Order/Notice to Withhold Income for Child Support (IWO)
4. Department of Revenue Income Tax Intercept (DOR)
5. Federal Administrative Offset (FAO)
6. Internal Revenue Service Income Tax Refund Intercept (IRS)
7. Limited Income Withholding Order (LIWO)
8. Lottery Intercept
9. Medical Support Notice
10. Order to Terminate or Modify an Order of Assignment
11. Passport Denial
12. Consumer Credit Reporting
13. License Suspension or Denial
14. Transfer of Support Rights Notice
15. Unemployment Insurance Benefits Withholding
16. Worker’s Compensation Benefits Withholding
17. Any administrative action taken on person mistakenly identified as an obligor (Mistaken Identity)

2. Parties authorized to request an administrative review include:

1. Noncustodial parent (NCP)
2. Custodial Parent (CP)
3. Attorney(s) representing the NCP
4. Caretaker
5. Employer
6. Third party (joint account holder) in a administrative levy

3. Requests for administrative reviews:

1. Must be in writing
2. Must be signed by the requesting party
3. Include the residential and mailing address of the party requesting the review
4. Include the basis for the dispute
5. Include any relevant information to assist DCSS in the review process such as:

1. Copy of any order issued
2. Documentation of support payments made
3. Any notice sent by the Division or its agent that is contested

6. May be sent electronically by the requesting party and be signed electronically

If all criteria for an administrative review are not met, the administrative review will be denied.

5. PROCEDURE

This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.

6. AUTHORITY

Federal Authority
42 U.S.C. § 666	Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
42 U.S.C. § 659	Consent by the United States to Income Withholding, Garnishment, and Similar Proceedings for Enforcement of Child Support and Alimony Obligations
31 C.F.R. § 285.1	Collection of past-due support by administrative offset
31 C.F.R. § 285.2	Offset of tax refund payment to collect past-due legally enforceable nontax debt
31 C.F.R. § 285.3	Offset of tax refund payments to collect past-due support
45 C.F.R. § 303.35	Administrative complaint procedure
45 C.F.R. § 303.72	Requests for collection of past-due support by Federal tax refund offset
45 C.F.R. § 303.100	Procedures for income withholding.
45 C.F.R. § 303.102	Collection of overdue support by State income tax refund offset.

 

State Authority
A.R.S. § 5-575	Prizes; setoff for debts to state agencies; definitions
A.R.S. § 12-902	Scope of article
A.R.S. § 12-904	Commencement of action; transmission of record
A.R.S. § 25-505	Limited income withholding order; notice; definitions
A.R.S. § 25-505.01	Administrative income withholding order; notice; definitions
A.R.S. § 25-512	Consumer credit reports; use of child support or spousal maintenance obligation information
A.R.S. § 25-516	Lien; priority; recording; information statement; payoff amount; release
A.R.S. § 25-517	Title IV D agency; license suspension; notice; administrative review or hearing
A.R.S. § 25-518	Child support arrearage; license suspension; hearing
A.R.S. § 25-521(B)	Levy; seizure of property for collection of support debt; definitions
A.R.S. § 25-522	Administrative review; notice; determination; judicial review; definitions
A.R.S. § 25-535	Enforcement of health insurance coverage; medical support notice; administrative review; service
A.R.S. § 25-1286	Contest by obligor
A.R.S. § 25-1287	Administrative enforcement of orders

Return to the beginning of the Administrative Review General Policy

Policy Revision Date: 11/04/2022

Policy Review Date: 11/04/2022

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