Enforcement of a Child Support Obligation
The Office of Child Support Hearings (OCSH) has the authority to enforce the provisions of court and administrative child support orders by entering orders concerning the following enforcement actions proposed by the Child Support Enforcement Agency (CSEA):
- Income withholding orders (automatically withholds child support from a paying parent’s paycheck, worker’s compensation, disability, pension, or retirement benefits) [Hawaiʻi Revised Statutes (H.R.S.) § 576E-16]
- Automatic assignment of future income (adds additional amounts to a current support income withholding order to collect delinquent child support) [H.R.S. §§ 571-52.2 and 576D-14]
- State income tax refund setoff orders (intercepts State tax refunds of parties who are delinquent in the payment of child support; the OCSH has no authority to issue orders regarding Federal tax refund intercept actions by the CSEA) [H.R.S. § 231-54]
- License Suspension (suspension of any license issued by a Hawaiʻi licensing authority for recreational or business purposes, including a license to practice a profession or vocation, or a license to operate any motor vehicle, boat, airplane, or helicopter) [H.R.S. 576D-13]
- Consumer Credit Bureau reporting (transmits information regarding a parent who owes delinquent child support to consumer reporting agencies) [H.R.S. 576D-6(a)(6)]
- Orders requiring a party to post bond in order to secure payment of past due child support (requires a debtor parent to give security, post bond, or give some other guarantee to secure payment of delinquent child support.) [H.R.S. § 576D-6]
Only the party against whom the enforcement action is directed (usually the paying or responsible parent) is a party to the administrative enforcement proceeding and only that party receives notice of the proceeding and an opportunity to request a hearing.
Issues that may be addressed at an enforcement hearing include:
- Whether a party is delinquent in paying child support
- Whether the amount of delinquent child support the CSEA alleges is owed is correct
The Hearing Officer will determine whether evidence presented at the hearing is relevant to the proceeding.
To prepare for a hearing the party should read thoroughly all documents he or she receives from the CSEA and the OCSH. These documents will explain the action the CSEA is proposing and what laws and/or regulations govern it.
See also the Preparing for Your Hearing section of this website regarding documents parties may want to present at the administrative hearing.