Ala. Admin. Code r. 660-3-9-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-3-9-.03 - Payment Plan

(a) To avoid withholding, restricted use, suspension or revocation, the NCP may enter into a payment plan to pay an immediate lump sum payment and increase ongoing payments to liquidate the remaining arrearages and interest owed. The payment plan does not supersede or amend an order of the court for repayment of arrearages. Current support must be paid in accordance with existing terms.

(b) Acceptable payment plan terms:

1. An acceptable lump sum payment will be an amount which is at least twice the amount of current monthly support.

2. In addition to the lump sum payment, the NCP must agree to an ongoing payment plan which will satisfy the total arrears and interest due. If there is an existing court order which specifies an amount to be paid periodically towards arrears, this amount will be presumed to be appropriate. A higher amount is acceptable.

3. If there is no specified amount ordered by the court to satisfy arrears, a minimum of at least 25% of the current monthly support obligation amount due will be considered acceptable. This payment will be in addition to the regular child support obligation.

4. The agreement to repay does not preclude the Department from using other methods available under Alabama law to satisfy the remaining amount due.

(c) If the NCP and the Department fail to reach a negotiated payment plan, the Department will proceed with the withholding, restricted use, suspension or revocation process.

(d) If the NCP fails to abide by the payment plan, the Department will take action to withhold, restrict the use of suspend or revoke the license.

Ala. Admin. Code r. 660-3-9-.03

New Rule: Filed June 4, 1997; effective July 9, 1997. Amended: Filed September 4, 2002; effective October 9, 2002. Amended: Filed August 12, 2013; effective September 16, 2013.

Author: Clifford Smith

Statutory Authority:P.L. 93-647; 42 U.S.C. 651 et seq.; Section 9 of P.L. 96-611; 42 U.S.C. 663; 45 C.F.R. 205 - 235, 301 - 306; Section 2640 of P.L. 98-369; Section 171(a)(3) of P.L. 97-248; Section 2333(c) of P.L. 97-35; P.L. 98-378; ALABAMA STATE PLAN - CHILD SUPPORT ENFORCEMENT PROGRAM; Code of Ala. 1975, as amended, §§ 30-4-80 through -98, 38-2-6, 38-2-6(1), 38-10-1 through -11, 40-18-100 through -109, 30-3-170 through 30-3-179.