PA 17-98—sHB 7195

Judiciary Committee

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE TO STUDY METHODS FOR IMPROVING THE COLLECTION OF PAST DUE CHILD SUPPORT

SUMMARY: This act requires the State Marshal Commission to implement policies and procedures to increase state marshal participation in serving capias orders (i.e., orders compelling someone to appear in court).

The act also requires the comptroller to facilitate the electronic processing of federal and state court income withholding orders, including certain child support orders. It specifies that a child support withholding order sent to the labor commissioner through the federal electronic system constitutes proper legal process for the purpose of withholding from an obligor's unemployment compensation child support he or she owes.

EFFECTIVE DATE: July 1, 2017, except the provision on capias orders is effective upon passage.

CAPIAS ORDERS

The act requires the State Marshal Commission, in consultation with the State Marshals Advisory Board, to implement policies and procedures to increase state marshal participation in serving capias orders, such as requiring that state marshals serve a minimum percentage of such orders.

By law, the commission and advisory board must establish state marshals' professional standards, including training requirements and minimum fees for serving process.

ELECTRONIC INCOME WITHHOLDING ORDER (E-IWO) PROCESS

Comptroller: State Employees' Compensation

By law, the comptroller may use an electronic system to pay state employees. Under the act, such an electronic system must, within available appropriations, facilitate the electronic processing of federal and state court income withholding orders, including child support orders sent through the e-IWO process (see BACKGROUND).

Labor Commissioner: Unemployment Compensation

By law, the labor commissioner must withhold from a person's unemployment compensation the child support owed based on the amount (1) specified by the person in his or her initial unemployment claim, (2) determined by a state or local child support enforcement agency, or (3) required by legal process properly served on the commissioner. The act specifies that a child support withholding order sent to the commissioner through the e-IWO process is considered proper legal process for the purpose of withholding outstanding child support from an obligor's unemployment compensation.

BACKGROUND

e-IWO Process

The federal Office of Child Support Enforcement implemented the e-IWO process, which enables states to send and employers to receive income withholding orders electronically. It also allows employers to notify states about the status of existing income withholding orders.

Related Laws

Title IV-D of the federal Social Security Act established the Child Support Enforcement program (42 U.S.C. 301 et seq.). The program, which receives both state and federal funding, provides services related to the establishment, modification, and enforcement of child support orders.