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A. If the amount of past-due support has not been determined in an administrative or judicial proceeding within the past twelve (12) months, the ONCSS may serve a notice of past-due support upon the obligor at least once every twelve (12) months informing the obligor of the following, but is not limited to:

1. The amount of the current support obligation and the total amount of alleged past-due support pursuant to the support order or orders;

2. That all payments for current support and payments for past-due support owed shall be paid to the ONCSS and any payments made after the notice to anyone besides the ONCSS shall not be credited;

3. The obligor’s street address and mailing address on file shall be the obligor’s address or addresses of record for service of process, and the obligor must inform the ONCSS in writing within thirty (30) days of any change;

4. If the information on file is incorrect about the obligor’s current employer or other payors of income, dependent health insurance information, or other information requested by the ONCSS, the obligor is required to inform the ONCSS in writing of any changes or additions to the information within thirty (30) days of service of the notice;

5. An income assignment is in effect and the amount stated in the notice shall be withheld from obligor’s income for current support and past-due support will be served upon subsequent employers or payors of income without further notice to the obligor;

6. The income assignment remains for as long as the support order is in effect and/or for as long as past-due support is owed, whichever is later, and payment of any amount will not prevent the income assignment from taking effect;

7. If there is no order for the past-due amount, when an amount becomes thirty (30) days past-due, the ONCSS is authorized to direct the obligor’s payor of income to withhold an amount up to twenty-five percent (25%) of the current support obligation, and shall continue to be withheld until the past-due support is paid in full, or until further order;

8. If the obligor has failed to comply with an order to provide health insurance, the obligor’s employer will be required to enroll the obligor’s minor children under the child support order in any dependent health insurance plan offered by the employer to the obligor, and to deduct the amount of the premium from the obligor’s income, unless the Court finds that the health insurance coverage is not reasonable in cost or is not accessible;

9. A list of all actions and remedies the ONCSS may take to enforce the order and to collect past-due support. The list may include a specific payment plan;

10. That the obligor may request an administrative review within twenty (20) days of the date the notice is served upon the obligor and a review will only be granted if there is a mistake of the obligor’s identity or the amount of current support or past-due support is incorrect;

11. That the obligor has been given notice and opportunity to contest the past-due amount stated in the notice and that the obligor will not be entitled to another opportunity to contest that amount; and

12. That the notice will have the same effect as a court order and will be enforceable as a court order.

B. The notice shall be filed, at the option of the ONCSS, with the Clerk of the District Court in the county of residence of the custodian of the child, in the county of residence of the obligor, or in the county of the underlying support order or in any other county in which the obligor has real or personal property.

C. The initial notice provided for in this section shall be served by certified mail, return receipt restricted delivery, or if there is an address of record on file with the ONCSS, the notice may be served by regular mail at the address of record. The ONCSS shall serve the obligor subsequent notices by regular mail with a certificate of mailing to the last address of record for service of process for the obligor. The ONCSS shall send the initial and subsequent notice to the custodian of the child by regular mail with a certificate of mailing.

D. An obligor may request an administrative review of the notice of past-due support in writing to the ONCSS within twenty (20) days of the date the notice is served upon the obligor. If the notice is a subsequent notice as provided in subsection (C) of this section, the date of service shall be the date the notice is mailed to the obligor, and the notice shall state the date it is being mailed.

E. Upon receipt of a timely request for an administrative review, the ONCSS shall schedule a review to be held within thirty (30) days of receipt of the request. If all issues are resolved at the review, the obligor shall sign an agreed order which shall be filed, at the option of the ONCSS, with the Office of Administrative Hearings or Trial Court.

F. If all disputed issues are not resolved at the administrative review, the ONCSS shall set the matter for a hearing with the Office of Administrative Hearings or Trial Court. The obligor shall be served with notice of the hearing. An administrative order shall be filed, at the option of the ONCSS, with the Clerk of the Office of Administrative Hearings or Trial Court.

G. If the obligor fails to request a timely administrative review, or fails to appear for a review or a hearing, the obligor may no longer contest the contents of the notice, and the obligor shall be obligated to make payments pursuant to the payment plan as stated in the notice to collect the past-due support and those amounts shall be subject to income withholding. The notice shall be enforceable as a court order. The notice with proof of service upon the obligor and the custodian of the child shall be filed, at the option of the ONCSS, with the Clerk of the Office of Administrative Hearings or Trial Court.

H. The Office of Administrative Hearings or Trial Court may order an obligor to pay all costs involved in proceedings under this subsection.

I. A final order entered pursuant to this section shall be served upon the obligor.

J. A final administrative order entered pursuant to this section may be appealed to the Trial Court. ONCA 12-51, eff. June 18, 2012.