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How should we respond to a Notice of Right to Attach Federal Benefits for child support from the Illinois Department of Health and Family Services (HFS) when the target account solely consists of federal benefit payments? – IBA Compliance Connection

IBA Compliance Connection

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How should we respond to a Notice of Right to Attach Federal Benefits for child support from the Illinois Department of Health and Family Services (HFS) when the target account solely consists of federal benefit payments?

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Since the agency included the proper notice with its garnishment order, we believe that you should turn over any accounts identified in the notice, including any funds attributable to federal benefit payments. Garnishment orders from a state child support agency are excluded from the procedures and protections for federal benefit payments, provided that the agency’s order includes the “Notice of Right to Garnish Federal Benefits.” 31 CFR 212.4(b).