Section 29-12206. AGENCY REVIEW

12206.1An obligor whose funds are subject to a lien may request an agency review within fifteen (15) days from the date of the Notice of Lien.  The obligor may request the agency review by informing CSSD of his or her objections to the Notice of Lien by phone, in person, or in writing. The obligor shall not use e-mail to transmit written objections. 

 

12206.2Grounds for contesting the Notice of Lien include:  

 

(a) The Notice of Lien was issued to the wrong person;

 

(b) The obligor did not reside or own property in the District of Columbia at the time that the funds were identified;

 

(c)The arrears are incorrect because of a failure to account for all child support payments, an incorrect computation of the balance due, or a failure to give effect to a prior suspension or modification of the support obligation; or

 

(d)The existence of an affirmative defense to enforcement of the judgment authorized by applicable law.

 

12206.3Neither the support order nor the underlying money judgment may be modified in response to an obligor’s contest of the Notice of Lien.   

 

12206.4Upon receipt of a request for an agency review from an obligor, CSSD shall review the case and notify the obligor in writing of the agency’s decision within ten (10) days of the date the request for review was received by CSSD. 

 

12206.5At the conclusion of the agency review, CSSD shall: 

 

(a) Release the Notice of Lien, notify the insurer and obligor that the lien has been released, and return the funds to the obligor; or

 

(b) Adjust arrears and return any overpayment to the obligor if the obligor demonstrates that the arrears are incorrect because of a failure to account for all child support payments, an incorrect computation of the balance due, or a failure to give effect to a prior suspension or modification of the support obligation. After the adjustment, CSSD shall file with the Recorder of Deeds a new Notice of Lien reflecting the updated arrearage balance and send a copy of the new Notice of Lien to the obligor and the insurer; or

 

(c)Inform the obligor of CSSD’s intent to retain levied funds and the obligor’s right to request an administrative hearing with OAH.

 

 

authority

Sections 27c(a)(7)(A)(ii), (c), and (i) and 28 of the District of Columbia Child Support Enforcement Amendment Act of 1985 (Act), effective April 3, 2001 (D.C. Law 13-269; D.C. Official Code §§ 46-226.03(a)(7)(A)(ii), (c), and (i) and 46-227 (2012 Repl.)), and Mayor’s Order 2007-42, (dated January 19, 2007).

source

Final Rulemaking published at 62 DCR 1061 (August 7, 2015).