FIDM Out of State Administrative Asset Seizure
Administrative Standard Operating Procedure 000 v.1
- To provide FIDM Unit staff the working knowledge to process Out of State Financial Asset Seizures.
- To reduce the Arizona Division of Child Support Services (DCSS) potential liability of Administrative Levies sent to Out-Of-State Financial Institutions through the Financial Institution Data Match (FIDM) program.
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- AEI: Administrative Enforcement in Interstate Cases allows a state to include requests from other states in its periodic interfacing with various State databases and to include debts received from other States in its periodic financial institution data match. The underlying IV-D case is not transferred, and the assisting state is not required to provide all appropriate IV-D services. The assisting state is required to provide location and seizure of assets, known as a limited service request. The assisting State maintains records of the number of requests for assistance, the number of cases for which the state collected support in response to such a request and the amount of collected support.
- Direct Levy: States can enact laws to give immediate force and effect to another state’s liens or levies, but are not required to. If a state allows direct liens and levies from another State, the sending State is made aware of the procedural rules of the receiving state.
- Requesting State: The state seeking asset information and/or seizure in another state
- Assisting State: The state being asked to locate and/or seize assets within its borders
- MSFIDM: Multistate Financial Institution Data Match (Financial institutions operating in more than one state). Primarily reported through the OCSS. (i.e.: Wells Fargo, Bank of America, Chase)
- SSFIDM: Single-State Financial Institution Data Match process (Financial institutions operating in a single state). Aka: In-state (i.e.: Arizona Federal Credit Union, Bank of Lubbock).
- FPLS: Federal Parent Locator Service
- NCDE: NCP Demographics screen in ATLAS
- NCAD: NCP Asset Detail screen in ATLAS
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- Requesting State Responsibilities: (DCSS is seeking asset seizure in another state).
- Limited Service Request (i.e. AEI)
- Assisting State’s Responsibilities: (The state being asked to locate and/or seize within its borders).
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- Requesting State Responsibilities: (DCSS is seeking asset seizure in another state).
- Direct Levy (Automated & Manual): Case criteria to submit to a particular state for seizing of assets: See (Exhibit C) for qualifying cases meeting the FIDM Automation or Manual criteria.
- Received a data match for an NCP in another state through MSFIDM or SSFIDM information;
- Specific indication that NCP’s assets is in that other state; and/or
- The application of logical criteria to identify location of delinquent obligor’s assets, such as the NCP’s geographical proximity to assisting state, NCP’s current association with the assisting state or FPLS match. (NCDE, NCAD 3rd panel).
- Refer to DCSS FIDM (Financial Institution Data Match) policy for processing Financial Asset Seizure criteria.
- If case qualifies under Direct Levy even though the OJ is a direct levy state, use the AEI process.
- This process is a recommended practice from the AZ Attorney General Office.
- Limited Service Request (i.e.: AEI)
- Case criteria to submit a Limited Service Request to a particular state for seizing of assets:
- Received a data match in another state for an NCP through MSFIDM or SSFIDM information;
- Specific indication that NCP’s assets is in that other state; and/or
- The application of logical criteria to identify location of delinquent obligor’s assets, such as the NCP’s geographical proximity to assisting state, NCP’s current association with the assisting state or FPLS match. (NCDE, NCAD 3rd panel.
- See Exhibit B for qualifying cases meeting the FIDM Automation or Manual criteria.
- Refer to DCSS Intergovernmental/CSENET policy and procedure for issuing UIFSA Transmittals to other states.
- Verify the states procedural due process is met and follows the FIDM requirements of the assisting state where the asset is located.
- http://www.acf.hhs.gov/programs/css/irg-state-map.
- See Exhibit C: MSFIDM States Accepting Transmittal 3.
- Provide sufficient information to enable the assisting state to which the request is transmitted to compare the information about the case(s) to the information in the databases of the state if available.
- Assisting State’s Responsibilities: (The state being asked to locate and/or seize assets within its borders).
- Process other state’s cases through Arizona’s AEI levy criteria and procedures.
- Seize any identified assets meeting the State of Arizona’s criteria.
- Maintain records of:
- The number of requests for assistance received;
- The number of cases for which the state collected support in response to such a request; and
- The amount of support collected.
- The assisting state receives incentive payments for collections made as an assisting state in the AEI process.
- Promptly report the results of the enforcement procedures to the requesting state.
- Send the collections per the AEI request.
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EXHIBIT B
|
State |
Accept UIFSA Transmittal #3 |
Address for receipt of UIFSA Transmittal #3 |
Notes |
|
Alabama |
See Notes |
Central Registry |
Yes. Alabama will accept a Trans 3 but a Trans 1 marked “FIDM Only, close after collection” is preferred because it provides more information for case setup on our end. Our State administrative code also requires that we have a copy of the support order and a certified pay record or affidavit of past due support. |
|
Alaska |
Y |
Central Registry, Child Support Enforcement Division |
|
|
Arizona |
Y |
Central Registry |
AZ will accept UIFSA Transmittal #1. AZ will open a case, attempt to seize and distribute money, and then close the case immediately after, if appropriate. AZ requires a copy a copy of the court order and a copy of the payment record. |
|
Arkansas |
See Notes |
Arkansas Office of Child Support Services |
AR will accept UIFSA #3 with a copy of the order and arrears. AR will not issue levies on accounts if the NCP has paid in the last 60 days. |
|
California |
Y |
California Department of Child Support Services Central Case Registry-Mail |
“California is now aggressively completing Limited Service Requests for Levy Action. States wanting a Limited Service Request for Levy Action from California must submit a Transmittal #3 to the California Central Registry to include all relevant information including the obligor's name; the name and address of the financial institution; a copy of the support order; payment history for the past 90 days; and the requesting state's address where the payment should be sent. For further information refer to the Intergovernmental Referral Guide (IRG) under California support enforcement or you may call the Central Registry unit at (888) 851-6314.” |
|
Connecticut |
Y |
Department of Social Services |
|
|
D.C. |
Y |
Artish Jacobs |
States must provide a copy of the order and payment history. |
|
Georgia |
Y |
Georgia Department of Human Resources |
A copy of FIDM match information and pay history or arrears statement is required. |
|
Guam |
Y |
Office of the Attorney General |
|
|
Idaho |
See Notes |
Idaho Dept. of Health & Welfare |
ID will accept FSA 200 Transmittal #1. States must provide a certified copy of the order and payment record. States must also supply a registration statement from the CP. ID will register the order as there is no administrative process in place. |
|
Illinois |
Y |
Illinois Division of Child Support Services |
The financial institution(s) must be holding at least $300 in an account of the non-custodial parent and at least $1,000 is owed in past due support. States must also provide certified copies of all relevant court orders and a payment history. |
|
Kentucky |
See Notes |
Central Registry |
Technically, the answer is still No; however, we will attempt an AEI action for FIDM. In order to initiate a case on the state system, we need Transmittal 1. In addition to Transmittal 1, we need a certified copy of the orders, and a pay record and/or affidavit of arrears. AEI needs to be boldly written on the First page of Transmittal 1. |
|
Louisiana |
Y |
Child Support Enforcement/FIDM Unit |
If the financial institutions do not accept direct levies a transmittal # 3 should be sent. The transmittal # 3 should include a certified copy of the Order, arrears statement and payment history. |
|
Maine |
Y |
Division of Support Enforcement and Recovery |
If the financial institutions do not accept direct levies a transmittal # 3 should be sent. The transmittal # 3 should include a certified copy of the Order, arrears statement and payment history. |
|
Maryland |
Y |
Phone Number 410-767-7876 Child Support enforcement Administration |
If FI's do not accept direct levies, send a Transmittal #3 which should also include a certified copy of the order, certification of arrears, and payment history. This information should be sent address listed. |
|
Massachusetts |
Y |
Massachusetts Department of Revenue |
If FI's do not accept direct levies we should send a Transmittal #3 and our levy packet, which should also include a certified copy of the order, arrears statement, and payment history. This information should be sent address listed. |
|
Michigan |
See Notes |
OCS/CEU PO Box 30744 Lansing, MI 48909-8244 |
MI will accept a Transmittal #3, although it is not the preferred way. MI prefers to get the other state's lien forms directly at CEU. Accepting #3 will only delay the process as it will need to go through Central Registry before CEU. |
|
Mississippi |
Y |
Mississippi Dept. of Human Services |
Yes, provided that there is attached documentation indicating that the court file was recently reviewed to ensure that there are no subsequent orders that would affect the arrearage amount. |
|
Missouri |
See Notes |
Elaine Shortridge, Office Mgr |
MO will not accept Limited Service/AEI Requests, but will accept Transmittal 2s & 1s (1s for full interstate cases) sent to the address listed |
|
Montana |
Y |
Montana Interstate Unit |
MT needs the following documents and information: Separate request for each case with the same obligor, certification that the obligor and SSN are correctly identified, certification that add due process requirements of the requesting State have been met, certification that the amount of the arrears is correct and the amount of the arrears, Debt comp. worksheet, requesting State case number, obligor's name, address, SSN, DOB and any aliases, names of obligee and children, certified copy of the support order, amount of the monthly support obligation, date of the last payment, payment address and FIPS code. If seizure only, asset specifications (type, location, amount, Payor or holder). If non-MT support order, upon request, exemplified copy of the support order. |
|
Nebraska |
N |
NE Department of Health & Human Services |
NE needs Transmittal #1, certified order, certified payment history, financial institution name and the account number. |
|
New Hampshire |
Y |
State of New Hampshire |
|
|
New Jersey |
Y |
State of New Jersey |
FIs in NJ will accept a direct levy and therefore it is recommended that a direct levy be attempted first. If the FI doesn't respond the UIFSA Transmittal should be sent to the State. |
|
New Mexico |
Y |
NM Child Support Enforcement Division |
|
|
New York |
See Notes |
N/A |
FIs in NY accept a direct levy/lien. Therefore, it is recommended that a direct lien/levy be sent to the FI. If the FI doesn't respond, contact the New York State Child Support Helpline at 1-888-208-4485 for assistance in enforcing the lien/levy. Otherwise, NY accepts UIFSA Transmittal #1, or UIFSA Transmittal #2 if appropriate. |
|
North Carolina |
See Notes |
Vickie Pope |
Beginning in October, NC will no longer be receiving requests via Transmittal 3. Effective 10/3/03 any state's CSE Program must send their requests to seize a FI account directly to the institution. |
|
North Dakota |
See Notes |
Child Support Enforcement Agency |
The requesting state's IV-D agency must send completed Transmittal #3, (including name and SSN of the obligor), address of the obligor, certified copy of the support order, notarized affidavit of arrears signed by the official record keeper in the other state, and bank account information (e.g., name and address of the North Dakota financial institution and account number). Enter the obligor's address and bank account information in the "Additional Information" section of the Transmittal #3. |
|
Ohio |
Y |
Interstate Central Registry |
|
|
Oklahoma |
Y |
OK Central Registry |
Oklahoma will accept UIFSA Transmittal #1 and states should clearly specify the type of action requested (FIDM). Oklahoma requires a copy of the support order, arrearage computation and necessary account or case materials. Oklahoma would like to have a contact name (preferably worker handling case), direct phone number (not customer service number) and e-mail address. OK will also accept electronic AEI requests from participating EPLN states |
|
Oregon |
Y |
Oregon Central Registry |
The thresholds for MSFIDM transmittals are as follows: There must be an account balance > $500 and an arrears balance > $500 on an active case and > $25 for an arrears only case. A certified payment record and copy of the order are also required. |
|
Pennsylvania |
Y |
|
All Administrative Enforcement in Interstate requests for seizure of financial institution assets must include the following information- Transmittal No. 1 completed in full (annotate Item No. 11 of the Action section with a check and enter "AEI Request;" and, provide the following information: Requestor's name and direct telephone number; and, Name, address and account number for the financial institution where the asset is located); Certified Copy of the Order; and, Certified Affidavit of Arrears. |
|
Rhode Island |
Y |
Department of Administration, Division of Taxation/CSE |
|
|
South Carolina |
Y |
FIDM Unit |
SC State law provides full faith and credit for liens arising in other States. States could send the freeze and seize action directly to the SC financial institution. If States run into difficulty, please send UIFSA Transmittal #3, along with an affidavit of arrears to the FIDM Unit and a written assurance that a lien has arisen under the initiating State's law and that due process requirements have been met. |
|
South Dakota |
See Notes |
Child Support Enforcement |
SD's laws allow for a lump sum withholding order to be issued on an account at a FI. Therefore, SD requires UIFSA Transmittal #1 to be sent to the Central Registry. SD also requires a certified copy of all orders, affidavit of arrearages, and proof of paternity. The noncustodial parent's total arrears must exceed $1,000 and 3 consecutive months of no payment. The financial institution account balance must be $4,000 or higher. Discretion is used when the account is a checking account and/or joint account and the noncustodial parent is the secondary account holder. If the noncustodial parent is receiving SSI, SSDI or TANF, the lump sum Order to Withhold will not be issued to the financial institution. |
|
Texas |
Y |
Office of the Attorney General Of Texas |
TX will assist other States in collections through FIDM provided the following steps are followed: |
|
Utah |
Y |
State of Utah |
|
|
Vermont |
Y |
|
VT will process MSFIDM matches on limited services cases if VT does not have case/account. All requests must include the institutions name, full address, account number and claim number provided on Transmittal. One copy of the transmittal and one certified original pay history or full case accounting using general testimony form, if the state submitting holds the record. |
|
irginia |
Y |
|
Virginia does not require financial institutions to accept Freeze and Seize actions directly from other states; however, most do. Virginia will accept a Transmittal 3, but requires the basic Transmittal 1 information (names of all parties, copy of order, certified arrears balance/payment history, FIDM match, financial institution and account information). We will NOT pursue the funds unless there is a minimum balance of $500. |
|
Washington |
Y |
Division of Child Support |
State must indicate manually on the form that the request is a Non-IV-D AEI request. State must provide the names and dates of birth of the obligor's children on the request. State must indicate that the request is being made to take action on an account identified through MSFIDM. Under Section II of the form, states must indicate the certified debt amount and should indicate the account information and the levy address for the asset the state is requesting that Washington state seize. Please make sure to include order information: date order entered, where order entered, amount of order and whether administrative or judicial support order. |
|
West Virginia |
Y |
Teresa Clark |
WV will accept a Transmittal 3; however, we must also have a certified copy of the court order and a certified pay history prior to any action on an account. |
|
Wisconsin |
Y |
Wisconsin Bureau of Child Support |
Another State IVD agency should attempt to send the levy notice directly to the WI bank. If theWI bank will not accept a direct levy the notice can be sent or emailed to the WI state office contact listed. WI will add a confirmation letter to the levy notice to confirm that due process is completed in your state. The bank will be instructed to send the funds levied directly to the other state. Due process must be completed prior to sending a notice to WI for the levy, along with proof that due process for the NCP is completed by the other state. |
|
Wyoming |
Y |
State of Wyoming |
|
EXHIBIT C
|
# |
Case Type |
Where is Order from? |
Where is Bank Account? |
Where does CP Reside? |
Where does NCP reside? |
|
Auto or Manual Process? |
|
Procedure |
|
1 |
Local |
AZ |
AZ |
AZ |
AZ |
|
Automated |
|
|
|
2 |
Local |
Foreign |
AZ |
AZ |
AZ |
|
Automated |
|
|
|
3 |
I1 |
AZ |
AZ |
AZ |
Out of AZ |
|
Automated 02/14/07 |
|
|
|
4 |
I1 |
Foreign |
AZ |
AZ |
Out of AZ |
|
AUTOMATE |
|
|
|
5 |
I1 |
Foreign |
AZ |
Out of AZ |
Out of AZ |
|
Manual |
|
|
|
6 |
I1 |
AZ |
Out of AZ |
AZ |
Out of AZ |
|
MANUAL |
|
Manually review from an exception report |
|
7 |
I2 |
AZ |
AZ |
Out of AZ |
AZ |
|
Automate |
|
|
|
8 |
I2 |
AZ |
Out of AZ |
Out of AZ |
AZ |
|
|
|
Cannot do |
|
9 |
I2 |
AZ |
AZ |
AZ |
Out of AZ |
|
Automate |
|
|
|
10 |
I2 |
AZ |
Out of AZ |
AZ |
Out of AZ |
|
MANUAL |
|
Manually review from an exception report |
|
12 |
I2 |
Foreign |
AZ |
Out of AZ |
AZ |
|
AUTOMATE |
|
|
|
13 |
I2 |
Foreign |
Out of AZ |
Out of AZ |
AZ |
|
MANUAL |
|
Manually review from an exception report. |
|
14 |
I2 |
Foreign |
AZ |
AZ |
Out of AZ |
|
AUTOMATE |
|
|
|
15 |
I2 |
Foreign |
Out of AZ |
AZ |
Out of AZ |
|
MANUAL |
|
|
|
16 |
R |
AZ |
AZ |
Out of AZ |
AZ |
|
Automated |
|
|
|
17 |
R |
Foreign - same as IJ |
AZ |
Out of AZ |
AZ |
|
AUTOMATE |
|
|
|
18 |
R |
Foreign but not IJ |
AZ |
Out of AZ |
AZ |
|
AUTOMATE |
|
|
|
19 |
LAO |
Foreign |
AZ |
Out of AZ |
Out of AZ |
|
Manual |
|
|
|
20 |
LAO |
Foreign |
AZ |
Out of AZ |
AZ |
|
AUTOMATE |
|
|
|
21 |
LAO |
AZ |
AZ |
Out of AZ |
Out of AZ |
|
Manual |
|
|
|
22 |
LAO |
AZ |
AZ |
Out of AZ |
AZ |
|
Manual |
|
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