When a DSO does not include a child support component, does the required notice still need to be sent to the State Child Support Enforcement Agency?
The definition of domestic support obligations in 11 U.S.C. § 101(14A) includes obligations other than child support, so it is possible to have a DSO without a child support obligation. The obligation of a trustee under both § 704 and § 1302 is to provide notice to the holder of the claim advising “of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support.” Accordingly, the notice is required regardless of whether a child support obligation exists.
Related Questions
- The employer received an income-withholding order from a Child Support Enforcement Agency in another state. Must the employer send payments directly to the other state?
- When a DSO does not include a child support component, does the required notice still need to be sent to the State Child Support Enforcement Agency?
- What is the obligation of a State child support enforcement agency regarding the Notice?
