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IV-D agencies are required, in cases which enforcement attempts have been unsuccessful, to determine what further enforcement action can be taken and to take that action. 45 C.F.R. § 303.6(c)(4)

Federal law requires states to have laws to intercept or seize periodic or lump-sum payments from: a state or local agency, including unemployment benefits, workers compensation, other benefits; judgments, settlements, and lotteries; assets of the obligor in financial institutions; attaching public or private retirement funds; and imposing liens and forcing sales of property and distribution of proceeds. 42 U.S.C. § 666(c)(1)(G).

7.     Attachment of Military Benefits for current and back child support obligations

Income earned by military employees is subject to the same withholding requirements as a private person. This remuneration consists of wages, salaries, commissions, bonus pay, severance pay, sick pay, incentive pay, periodic benefits, retirement pay, death benefits, annuities, or any other similar amount payable. 42 U.S.C. § 659(h)(1)(A).

Members of the armed services who are on active duty are required to make child and spousal support payments. The service member has the right to a consultation with a judge advocate or law specialist. 42 U.S.C. § 665.

Location of military personnel. Attempting to locate an individual in the military can be time-consuming and frustrating, particularly to those unfamiliar with military organization and protocol. Although there are situations in which it may be impossible to locate a service member (e.g., national security), in most cases it is possible to locate and contact military personnel through traditional locate methods or the FPLS.[ OCSE's publication, A Caseworker's Guide to Child Support Enforcement and Military Personnel (2000), provides specific guidance on locating members of the armed forces. [ 33] 42 U.S.C. § 666(c)

8.     Attachment of military pay, military retirement, and VA benefits for child support enforcement

Federal law mandates allotment of military pay when child support is not paid. This law allows for  attachment of military benefits and VA military benefits.  This includes CHAMPUS (military medical coverage) and inclusion in the DEERS computer file for ID card privileges. 42 U.S.C. § 665, 37 U.S.C. § 101.

Federal law and by order of the President  requires of the Secretary of Defense to operate a central personnel locator for each member of the armed services. Also, each Military department must facilitate leave for paternity and support hearings. 42 U.S.C. § 659,  Exec. Order No. 12,953. 15.      

9.     Attachment of Social Security Benefits

  Social Security is attachable for payment of child support.  42 U.S.C. § 659 (a).

States are required  to attach assets in retirement funds, including Railroad retirement funds and to have administrative process for  seizing assets by intercepting unemployment compensation or worker's compensation whether periodic or lump sum), confiscating- judgments, settlements or lottery winnings, and attaching financial assets and retirement funds. 42 U.S.C. § 666(c)(1)(G)(ii).

10.   Attachment of unemployment compensation for child support

Federal law requires the IV-D agency to have state laws that allow attachment of unemployment compensation.  42 U.S.C. § 654 (19),  45 C.F.R. § 302.65.

Federal law also requires states to administratively attach unemployment compensation and access unemployment data for location information of non-payor when there is a support arrearage. . The law also requires the state to have administrative process for  seizing assets by intercepting unemployment compensation or worker's compensation whether periodic or lump sum, confiscating judgments, settlements or lottery winnings, and attaching financial assets and retirement funds. 42 U.S.C. § 666(c)(1)(G), 45 C.F.R. §§ 303.100, 303.101. 303.102, 303.103.

In addition to the above mentioned requirements or unemployed non-payors, federal law requires IV-D agencies have the ability to require states to issue a "seek work

order" against any unemployed parent who is in arrears on his/her support and whose child receives public assistance. This order is generally part of the civil contempt process. It is issued against a non-payor who fails to make ordered support payments. The custodial parent must go to court to ask for the non-payor to be held in contempt of court. When the court finds the non-payor in contempt for failure to pay the ordered amount of child support and the non-payor asserts the excuse of unemployment, the court can then order the non-payor to seek work and will check to assure that the non-payor is indeed attempting to secure employment. 42 U.S.C. § 666(a)(15)(B).

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