26B-9-305. Office procedures for income withholding for orders issued or modified before October 13, 1990.
| (1) |
With regard to child support orders issued prior to October 13, 1990, and not otherwise modified after that date, and for which an obligor or obligee is receiving IV-D services, the office shall proceed to withhold income as a means of collecting child support if a delinquency occurs under the order, regardless of whether the relevant child support order includes authorization for income withholding. |
Terms Used In Utah Code 26B-9-305
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- delinquency: means that child support in an amount at least equal to current child support payable for one month is overdue. See Utah Code 26B-9-301
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Office: means the Office of Recovery Services. See Utah Code 26B-9-301
- Payor: means an employer or any person who is a source of income to an obligor. See Utah Code 26B-9-301
- Writing: includes :Utah Code 68-3-12.5
| (2) |
Upon receipt of a verified statement or affidavit alleging that a delinquency has occurred, the office shall:
| (a) |
send notice to the payor for income withholding in accordance with Section 26B-9-306; and |
| (b) |
send notice to the obligor under Section 26B-9-207 that includes:
| (i) |
a copy of the notice sent to the payor; and |
| (ii) |
information regarding:
| (A) |
the commencement of income withholding; and |
| (B) |
the opportunity to contest the withholding or the amount withheld due to mistake of fact by filing a written request for review under this section with the office within 15 days. |
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| (3) |
If the obligor contests the withholding, the office shall:
| (a) |
provide an opportunity for the obligor to provide documentation and, if necessary, to present evidence supporting the obligor’s claim of mistake of fact; |
| (b) |
decide whether income withholding shall continue; |
| (c) |
notify the obligor of its decision and the obligor’s right to appeal under Subsection (4); and |
| (d) |
at the obligor’s option, return, if in the office’s possession, or credit toward the most current and future support obligations of the obligor any amount mistakenly withheld and, if the mistake is attributable to the office, interest at the legal rate. |
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| (4) |
| (a) |
An obligor may appeal the office’s decision to withhold income under Subsection (3) by filing an appeal with the district court within 30 days after service of the notice under Subsection (3) and immediately notifying the office in writing of the obligor’s decision to appeal. |
| (b) |
The office shall proceed with income withholding under this part during the appeal, but shall hold all funds it receives, except current child support, in a reserve account pending the court’s decision on appeal. The funds, plus interest at the legal rate, shall be paid to the party determined by the court. |
| (c) |
If an obligor appeals a decision of the office to a district court under Subsection (4)(a), the obligor shall provide to the obligee:
| (i) |
notice of the obligor’s appeal; and |
| (ii) |
a copy of any documents filed by the obligor upon the office in connection with the appeal. |
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| (5) |
An obligor’s payment of overdue child support may not be the sole basis for not implementing income withholding in accordance with this part. |
Renumbered and Amended by Chapter 305, 2023 General Session
