North Carolina General Statutes 110-144. Administrative Offset Program
(a) Participation. – The Department of Health and Human Services shall participate in the federal Administrative Offset Program for the offset of certain federal payments under 31 C.F.R. § 285.1.
(b) Certification. – The Department shall annually certify to the federal Office of Child Support Enforcement (OCSE) an obligor in a IV-D case whose support arrears are (i) equal to or greater than one hundred fifty dollars ($150.00) if the arrears are assigned to the State and (ii) equal to or greater than five hundred dollars ($500.00) if the arrears are not assigned to the State.
(c) Notice. – At least 30 days before certification, the Department shall send written notice of the certification to the obligor at the obligor’s last known address. The notice shall advise the obligor of all of the following:
(1) The amount of the arrears as of the date of the notice.
Terms Used In North Carolina General Statutes 110-144
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- IV-D case: means a case in which services have been applied for or are being provided by a child support enforcement agency established pursuant to Title IV-D of the Social Security Act as amended and this Article. See North Carolina General Statutes 110-129
- Obligor: means the individual who owes a duty to make child support payments or payments of alimony or postseparation support under a court order. See North Carolina General Statutes 110-129
- Offset: means withholding by the IRS or FMS of all or part of an income tax refund or certain federal payments due an obligor and remitting payments to the federal Office of Child Support Enforcement for transmittal to the State. See North Carolina General Statutes 110-129
- Program: means the Child Support Enforcement Program established and administered pursuant to the provisions of this Article and Title IV-D of the Social Security Act. See North Carolina General Statutes 110-129
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The possibility that the obligor may have certain federal payments offset by FMS.
(3) The procedures to contest the certification.
Without further notice to the obligor, the Department shall provide OCSE with updates to adjust the amount of arrears to reflect any payments or additional arrears that accrue after the date of certification.
(d) Appeal. – Within 60 days of the date the notice is placed in the mail to the obligor, the obligor may file a contested case petition with the North Carolina Office of Administrative Hearings to contest the certification. The contested case shall be conducted in accordance with Article 3 of Chapter 150B of the N.C. Gen. Stat.. The obligor may contest the certification only if either of the following applies:
(1) The amount of arrears stated in the notice is incorrect.
(2) There is a claim of mistaken identity. (2023-65, s. 7.3(c).)