§ 25-7A-5 — Notice of support debt--Service on parent--Contents of notice.

The secretary of social services may initiate an action for support by issuing a notice of a support debt, which shall be served without summons or other pleadings on the alleged responsible parent in the manner provided for service of a summons in a civil action or by certified mail, return receipt requested. The notice, whether based on subrogation power of attorney, assignment of a support obligation established by a court, administrative order, or judgment, or based on the furnishing of assistance by the Department of Social Services for any dependent child or custodian, or based on the obligation fixed by chapter 25-7 , or support due to a custodian or another state who has applied for support enforcement services, shall contain the following statements: (1) The name of the dependent child or custodian for whom support is owed; (2) The monthly support for which the parent is responsible, including a statement of the debt accrued and accruing, and the monthly payment to be made on the state debt accrued, or due to a custodian or another state who has applied for support enforcement services, as established by: (a) Subrogation to or assignment of a court or administrative order, judgment or decree establishing a set or determinable amount of child or spousal support; or (b) Payment of assistance by the department for a dependent child or custodian where there is no court or administrative order, judgment or decree; (3) A statement that if the parent does not request a hearing within ten days from the day of service, the secretary: (a) Shall request the court enter an order establishing the amount of child support, accrued and accruing, which the parent is responsible for and the amount of the total monthly payment due on the accrued debt to the state, or to a custodian or another state who has applied for support enforcement services, and on the monthly support obligation; (b) Shall request that the court enter an order for medical support; (c) May request that the court enter an order for genetic testing costs; and (d) May request that the court enter an order adjudicating paternity and custody of the child; (4) A statement that the parent served with a notice of support debt may, within ten days of the day of service of the notice of support debt, submit a written response to the notice objecting to all or any part of the notice and requesting a hearing; (5) A statement that an order entered under subdivision (3) of this section, establishing the payment obligation of the parent is subject to collection action, including an order for income withholding under this chapter, levy and execution under the laws of this state or any other collection actions authorized by law; (6) A reference to this chapter; (7) A statement that an order for support entered under this chapter is filed with the appropriate clerk of courts and is a lien as provided by law; (8) A statement that if the parent has any questions the parent may telephone or visit the nearest department office or consult an attorney; (9) A statement that the parent has an obligation to report any change of address or employment to the department; and (10) Any other information the secretary finds appropriate.

Legislative History

SL 1982, ch 196, § 5; SL 1986, ch 218, § 6; SL 1989, ch 175, § 3; SL 1995, ch 144, § 1; SL 1997, ch 155, § 6; SL 2001, ch 134, § 1; SL 2009, ch 130, § 13; SL 2013, ch 119, § 8.