Admin Appeals in Child Support Cases: Overview and Process
This presentation delves into the administrative appeals process in child support cases, covering the basic overview, life of an admin appeal case including a mock hearing, key questions asked during mock hearings, involved parties, controlling laws, review by the director, time to respond action notices, and the roles of various entities such as the Governor's Office, HFS, DCSS, and more.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Admin Appeals in Child Support Cases
Basic Overview Life of an Admin Appeal Case
Basic Overview Life of an Admin Appeal Case Mock Hearing
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
What is it? Who s involved?
What is it? Who s involved? What s the controlling law?
Review by the Director Administrative Appeal
Time to Respond Action Notice
What is it? Who s involved?
Governors Office HFS Director DCSS Finance OIG OGC Medical BAH Witness ALJ
Governors Office HFS Director ALJ Mom Dad Witness
What is it? Who s involved? What s the controlling law?
Social Security Act IL Public Aid Code
Social Security Act IL Public Aid Code IL Administrative Code
Social Security Act Federal requirements for child support program Compliance = $$$$ Subchapter IV, Part D 42 USC 651, et seq.
Social Security Act IL Public Aid Code
Social Security Act IL Public Aid Code Authorizes the creation of DCSS Found in Article X 305 ILCS 5/10-1 et seq.
Social Security Act IL Public Aid Code IL Administrative Code
Social Security Act IL Public Aid Code IL Administrative Code 89 IL Admin Code 104 Practice in Admin Hearings 89 IL Admin Code 160 Child Support Services
Basic Overview Life of an Admin Appeal Case Mock Hearing Questions
1. Parent signs up for services Not means tested Mandatory if on cash assistance Free
2. HFS notifies other parent Notice to Obligor Notice to Courts Payment Path Change Intervene
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect 89 IL Admin Code 104.11(b)
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect
3. Action taken by DCSS Administrative Paternity Order Administrative Support Order Modify Admin Support Order Notice of Intent to Collect o Redetermination of balance; or o Appeal Enforcement Action
Notice of Balance (2766) Redetermination within 15 days? No, enforcement continues Yes, enforcement stayed Response w/in 120 No time limit Admin Appeal
Also lists possible enforcement actions Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Notice of enforcement action within 15 days? Yes, action stayed No, action continues No ability to appeal Admin Appeal
Possible enforcement actions: Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Intercept tax refunds Intercept federal payments Suspend Driver s License Lien on personal property Lien on real estate Credit bureau reporting Suspend profession license Suspend recreational license Revoke passport Intercept gambling winnings Publish picture on website Intercept state payments
Intercept tax refunds Threshold: $150 if owed to IL; $500 owed to CP Release: Debt under $25 Authority: 89 IL Admin Code 160.70(b)
