26B-9-308. Termination of income withholding.
| (1) |
Terms Used In Utah Code 26B-9-308- 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
- 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
- Income: means the same as that term is defined in Section 26B-9-101. See Utah Code 26B-9-301
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
| (a) |
At any time after the date income withholding begins, a party to the child support order may request a judicial hearing or administrative review to determine whether income withholding should be terminated due to:
| (ii) |
the execution of a written agreement under Section 26B-9-304; or |
| (iii) |
the completion of an obligor‘s support obligation. |
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| (b) |
An obligor’s payment of overdue child support may not be the sole basis for termination of income withholding. |
| (c) |
If it is determined by a court or the office that income withholding should be terminated, the office shall give written notice of termination to each payor within 10 days after receipt of notice of that decision. |
| (d) |
If, after termination of income withholding by court or administrative order, an obligor’s child support obligation becomes delinquent or subject to immediate and automatic income withholding under Section 26B-9-304, the office shall reinstate income withholding procedures in accordance with the provisions of this part. |
| (e) |
If the office terminates income withholding through an agreement with a party, the office may reinstate income withholding if:
| (i) |
a delinquency occurs; |
| (ii) |
the obligor requests reinstatement; |
| (iii) |
the obligee requests reinstatement; or |
| (iv) |
the office, based on internal procedures and standards, determines reinstatement is appropriate. |
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| (2) |
The office shall give written notice of termination to each payor when the obligor no longer owes child support to the obligee. |
| (3) |
A notice to withhold income, served by the office, is binding on a payor until the office notifies the payor that the obligation to withhold income has been terminated. |
Renumbered and Amended by Chapter 305, 2023 General Session
