(a) Submission of Offer in Settlement or Request for Equitable Adjustment. The offer in settlement or request for equitable adjustment shall include a written statement by the obligor, signed under the penalties of perjury, setting forth the reasons why the Commissioner should either settle or adjust the child support arrearages owed to the Commonwealth for less than the full amount owed. Along with the offer in settlement or request for equitable adjustment, the obligor must submit a statement of financial condition and other information as the Commissioner may require, signed by the obligor under the penalties of perjury. Failure to provide complete information in connection with an offer to settle or a request for equitable adjustment, or the furnishing of false information related to such offer or request, shall be grounds for rejection of such offer to settle or request for equitable adjustment.
(b) Terms and Conditions. As a term or condition of a settlement or equitable adjustment, the Commissioner may require the obligor to do one or more of the following:
1. demonstrate past, present, and future inability to pay by providing financial and other records;
2. make regular payments of current child support for a specified period; or
3. actively seek paid employment, participate in a community service program, participate in an appropriate job readiness or job training program, or participate in a responsible parenthood program provided by a social services agency recognized by the Commissioner.
The Commissioner may, at his discretion, fashion such other equitable terms and conditions as the Commissioner finds to be in the best interests of the Commonwealth and that promote financial and emotional support of children.
(c) Acceptance of Offer in Settlement or Request for Equitable Adjustment. An offer in settlement or request for equitable adjustment shall be considered accepted only when the Commissioner notifies the obligor in writing of its acceptance. The Commissioner's acceptance of an offer or request may be conditioned on the posting of any security that is deemed necessary for the protection of the interests of the Commonwealth. The Deputy Commissioner for the Child Support Enforcement Division as designee of the Commissioner must approve the settlement or equitable adjustment. If the settlement or equitable adjustment is fifty thousand or more dollars less than the full amount of the arrearages owed to the Commonwealth, the settlement or equitable adjustment must be approved by the Deputy Commissioner for the Child Support Enforcement Division and the General Counsel for the Department. The written agreement shall be signed by all parties and shall set forth the terms and conditions for the Commissioner's acceptance of the settlement or equitable adjustment and all relevant information, including the names of all parties, the amount of arrearages settled or equitably adjusted, the amount actually paid under the agreement, and any other conditions of settlement or equitable adjustment agreed to by the obligor.
(d) No Stay of Collection. The submission of an offer in settlement or request for equitable adjustment shall not operate to stay the collection of any current or past-due child support.