When someone is in noncompliance, what action does DCS take?

  • DCS first sends a Noncompliance Warning letter to advise the party of the action to take to be in compliance with the inquiry, subpoena, withholding notice, or notice of enrollment.
  • If the party refuses to comply, DCS issues a Notice of Noncompliance. The Notice shows the amount of support owed by the non-complying party, the period for which it is owed, and any fines or penalties assessed for noncompliance.
  • The party has 20 days to comply or contact DCS to set up a payment agreement, or to request an adjudicative proceeding if they contest the amounts on the notice. DCS staff attempt to resolve the matter before holding the adjudicative proceeding.
  • If the party takes no action after receiving the Notice of Noncompliance, DCS will take¬†enforcement action¬†against the non-complying party's assets. This may include business license suspension.

Despite recent record improvements in paternity establishment and child support collections, much more needs to be done to ensure that all children born out-of-wedlock have paternity established and that all non-custodial parents provide financial support for their children. Currently, only about one-half of the custodial parents due child support receive full payment. About twenty-five percent receive partial payment and twenty-five percent receive nothing.

In an effort to strengthen and improve state child support enforcement activities, several federal laws were passed, including a national new-hire reporting system. These laws required states to pass uniform interstate child support laws, automate enforcement actions, and provide for tougher noncompliance penalties, such as driver's license revocation.