26B-9-303. Provision for income withholding in child support order — Immediate income withholding.
| (1) |
Whenever a child support order is issued or modified in this state the obligor‘s income is subject to immediate income withholding for the child support described in the order in accordance with the provisions of this chapter, unless:
Terms Used In Utah Code 26B-9-303- Child: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
- Child support: includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support. See Utah Code 26B-9-301
- Child support order: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a tribunal for child support and related costs and fees, interest and penalties, income withholding, attorney fees, and other relief. See Utah Code 26B-9-301
- Dependent: A person dependent for support upon another.
- Immediate income withholding: means income withholding without regard to whether a delinquency has occurred. See Utah Code 26B-9-301
- Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-301
- Obligee: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
- Obligor: means the same as that term is defined in Section 26B-9-201. See Utah Code 26B-9-301
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Support order: means the same as child support order. See Utah Code 26B-9-301
| (a) |
the court or administrative body which entered the order finds that one of the parties has demonstrated good cause so as not to require immediate income withholding; or |
| (b) |
a written agreement which provides an alternative payment arrangement is executed by the obligor and obligee, and reviewed and entered in the record by the court or administrative body. |
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| (2) |
In every child support order issued or modified on or after January 1, 1994, the court or administrative body shall include a provision that the income of an obligor is subject to immediate income withholding in accordance with this chapter. If for any reason other than the provisions of Subsection (1) that provision is not included in the child support order the obligor’s income is nevertheless subject to immediate income withholding. |
| (3) |
In determining “good cause,” the court or administrative body may, in addition to any other requirement it considers appropriate, consider whether the obligor has:
| (a) |
obtained a bond, deposited money in trust for the benefit of the dependent children, or otherwise made arrangements sufficient to guarantee child support payments for at least two months; |
| (b) |
arranged to deposit all child support payments into a checking account belonging to the obligee, or made arrangements insuring that a reliable and independent record of the date and place of child support payments will be maintained; or |
| (c) |
arranged for electronic transfer of funds on a regular basis to meet court-ordered child support obligations. |
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Renumbered and Amended by Chapter 305, 2023 General Session
