25-528. Title IV-D recipients; fee

A. If a recipient of title IV-D services receives at least $550 of support in a federal fiscal year and the recipient has never received assistance under a state or tribal title IV-A program, the department shall charge an annual fee as prescribed in 42 United States Code section 654(6)(B)(ii), in effect on January 1, 2019, to the recipient of title IV-D services.  The department shall retain the fee from future collections of support once the threshold of $550 has been met. If, after the threshold of $550 has been met, no further support collections are received or less than $35 is received, the department may charge the fee to the recipient of services after notice advising the recipient of the deadline for payment of the fee.  If the recipient does not pay the fee by the deadline, the department may retain the fee from future collections of support.

B. Notwithstanding subsection A of this section, if a foreign country has requested enforcement of a support order in any title IV-D case, the department shall charge the annual fee prescribed in subsection A of this section to the obligor.

C. The department shall transmit to the federal government its portion of each fee withheld pursuant to subsections A and B of this section and shall deposit, pursuant to sections 35-146 and 35-147, the remainder in a child support enforcement administration fund.