reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 212 - Collection directly from responsible parent.

Effective 5/3/2023
26B-9-212.
Collection directly from responsible parent.
(1)
(a) The office may issue or modify an order under Section 26B-9-206 and collect under this part directly from a responsible parent if the procedural requirements of applicable law have been met and if public assistance is provided on behalf of that parent's dependent child.
(b) The direct right to issue an order under this Subsection (1) is independent of and in addition to the right derived from that assigned under Section 35A-3-108.
(2) An order issuing or modifying a support obligation under Subsection (1), issued while public assistance was being provided for a dependent child, remains in effect and may be enforced by the office under Section 26B-9-210 after provision of public assistance ceases.
(3)
(a) The office may issue or modify an administrative order, subject to the procedural requirements of applicable law, that requires that obligee to pay to the office assigned support that an obligee receives and retains in violation of Subsection 26B-9-213(4) and may reduce to judgment any unpaid balance due.
(b) The office may collect the judgment debt in the same manner as it collects any judgment for past-due support owed by an obligor.
(4) Notwithstanding any other provision of law, the Office of Recovery Services shall have full standing and authority to establish and enforce child support obligations against an alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of Recovery Services' authority against other mothers and fathers.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 214 - Liens by operation of law and writs of garnishment.

Effective 5/3/2023
26B-9-214.
Liens by operation of law and writs of garnishment.
(1) Each payment or installment of child support is, on and after the date it is due, a judgment with the same attributes and effect of any judgment of a district court in accordance with Section 78B-12-112 and for purposes of Section 78B-5-202.
(2)
(a) A judgment under Subsection (1) or final administrative order shall constitute a lien against the real property of the obligor upon the filing of a notice of judgment-lien in the district court where the obligor's real property is located if the notice:
(i) specifies the amount of past-due support; and
(ii) complies with the procedural requirements of Section 78B-5-202.
(b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to execute a judgment or final administrative order under this section against real or personal property in the obligor's possession.
(3)
(a) The office may issue a writ of garnishment against the obligor's personal property in the possession of a third party for a judgment under Subsection (1) or a final administrative order in the same manner and with the same effect as if the writ were issued on a judgment of a district court if:
(i) the judgment or final administrative order is recorded on the office's automated case registry; and
(ii) the writ is signed by the director or the director's designee and served by certified mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
(b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as provided by Section 26B-9-217.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 215 - Effect of lien.

Effective 5/3/2023
26B-9-215.
Effect of lien.
(1) After receiving notice that a support lien has been filed under this part by the office, no person in possession of any property which may be subject to that lien may pay over, release, sell, transfer, encumber, or convey that property to any person other than the office, unless he first receives:
(a) a release or waiver thereof from the office; or
(b) a court order that orders release of the lien on the basis that the debt does not exist or has been satisfied.
(2) Whenever any such person has in his possession earnings, deposits, accounts, or balances in excess of $100 over the amount of the debt claimed by the office, that person may, without liability under this part, release that excess to the obligor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 216 - Enforcement of liens arising in another state.

Effective 5/3/2023
26B-9-216.
Enforcement of liens arising in another state.
A lien arising in another state shall be accorded full faith and credit in this state, without any additional requirement of judicial notice or hearing prior to the enforcement of the lien, if the office, parent, or state IV-D agency who seeks to enforce the lien complies with Section 26B-9-205 or Section 26B-9-214.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 217 - Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment.

Effective 5/3/2023
26B-9-217.
Requirement to honor voluntary assignment of earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings subject to support lien or garnishment.
(1)
(a) Every person, firm, corporation, association, political subdivision, or department of the state shall honor, according to its terms, a duly executed voluntary assignment of earnings which is presented by the office as a plan to satisfy or retire a support debt or obligation.
(b) The requirement to honor an assignment of earnings, and the assignment of earnings itself, are applicable whether the earnings are to be paid presently or in the future, and continue in effect until released in writing by the office.
(c) Payment of money pursuant to an assignment of earnings presented by the office shall serve as full acquittance under any contract of employment, and the state shall defend the employer and hold the employer harmless for any action taken pursuant to the assignment of earnings.
(d) The office shall be released from liability for improper receipt of money under an assignment of earnings upon return of any money so received.
(2) An employer may not discharge or prejudice any employee because the employee's earnings have been subjected to support lien, wage assignment, or garnishment for any indebtedness under this part.
(3) If an employer discharges an employee in violation of Subsection (2), the employer is liable to the employee for the damages the employee may suffer, and, additionally, to the office in an amount equal to the debt which is the basis of the assignment or garnishment, plus costs, interest, and attorney fees, or a maximum of $1,000, whichever is less.
(4) The maximum part of the aggregate disposable earnings of an individual for any work pay period which may be subjected to a garnishment to enforce payment of a judicial or administrative judgment arising out of failure to support dependent children may not exceed 50% of the individual's disposable earnings for the work pay period.
(5) The support lien or garnishment shall continue to operate and require the employer to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until released in writing by the court or office.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 218 - Release of lien, attachment, or garnishment by department.

Effective 5/3/2023
26B-9-218.
Release of lien, attachment, or garnishment by department.
The office may, at any time, release a support lien, wage assignment, attachment, or garnishment on all or part of the property of the obligor, or return seized property without liability, if assurance of payment is considered adequate by the office, or if that action will facilitate collection of the support debt. However, that release or return does not prevent future action to collect from the same or other property. The office may also waive provisions providing for the collection of interest on accounts due, if that waiver would facilitate collection of the support debt.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 219 - Payment schedules.

Effective 5/3/2023
26B-9-219.
Payment schedules.
(1) The office may:
(a) set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or
(b) demand payment in full.
(2) If a support debt is reduced to a schedule of payments and made subject to income withholding, the total monthly amount of the scheduled payment, current support payment, and cost of health insurance attributable to a child for whom the obligor has been ordered may only be subject to income withholding in an amount that does not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).
(3)
(a) Within 15 days of receiving notice, an obligor may contest a payment schedule as inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules under Subsection (1) by filing a written request for an adjudicative proceeding.
(b) For purposes of Subsection (3)(a), notice includes:
(i) notice sent to the obligor by the office in accordance with Section 26B-9-207;
(ii) participation by the obligor in the proceedings related to the establishment of the payment schedule; and
(iii) receiving a paycheck in which a reduction has been made in accordance with a payment schedule established under Subsection (1).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 220 - Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.

Effective 5/3/2023
26B-9-220.
Review and adjustment of child support order in three-year cycle -- Substantial change in circumstances not required.
(1) If a child support order has not been issued, modified, or reviewed within the previous three years, the office shall review a child support order, taking into account the best interests of the child involved, if:
(a) requested by a parent or legal guardian involved in a case receiving IV-D services; or
(b) there has been an assignment under Section 35A-3-108 and the office determines that a review is appropriate.
(2) If the office conducts a review under Subsection (1), the office shall determine if there is a difference of 10% or more between the amount ordered and the amount that would be required under the child support guidelines. If there is such a difference and the difference is not of a temporary nature, the office shall:
(a) with respect to a child support order issued or modified by the office, adjust the amount to that which is provided for in the guidelines; or
(b) with respect to a child support order issued or modified by a court, file a petition with the court to adjust the amount to that which is provided for in the guidelines.
(3) The office may use automated methods to:
(a) collect information and conduct reviews under Subsection (2); and
(b) identify child support orders in which there is a difference of 10% or more between the amount of child support ordered and the amount that would be required under the child support guidelines for review under Subsection (1)(b).
(4)
(a) A parent or legal guardian who requests a review under Subsection (1)(a) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.
(b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall provide notice to the parties of:
(i) a proposed adjustment under Subsection (2)(a); or
(ii) a proposed petition to be filed in court under Subsection (2)(b).
(5)
(a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal guardian may respond to a request for review filed with the office.
(b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal guardian may contest a proposed adjustment or petition by requesting a review under Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
(6) A showing of a substantial change in circumstances is not necessary for an adjustment under this section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 221 - Review and adjustment of support order for substantial change in circumstances outside three-year cycle.

Effective 5/3/2023
26B-9-221.
Review and adjustment of support order for substantial change in circumstances outside three-year cycle.
(1)
(a) A parent or legal guardian involved in a case receiving IV-D services or the office, if there has been an assignment under Section 35A-3-108, may at any time request the office to review a child support order if there has been a substantial change in circumstances.
(b) For purposes of Subsection (1)(a), a substantial change in circumstances may include:
(i) material changes in custody;
(ii) material changes in the relative wealth or assets of the parties;
(iii) material changes of 30% or more in the income of a parent;
(iv) material changes in the ability of a parent to earn;
(v) material changes in the medical needs of the child; and
(vi) material changes in the legal responsibilities of either parent for the support of others.
(2) Upon receiving a request under Subsection (1), the office shall review the order, taking into account the best interests of the child involved, to determine whether the substantial change in circumstance has occurred, and if so, whether the change resulted in a difference of 15% or more between the amount of child support ordered and the amount that would be required under the child support guidelines. If there is such a difference and the difference is not of a temporary nature, the office shall:
(a) with respect to a support order issued or modified by the office, adjust the amount in accordance with the guidelines; or
(b) with respect to a support order issued or modified by a court, file a petition with the court to adjust the amount in accordance with the guidelines.
(3) The office may use automated methods to collect information for a review conducted under Subsection (2).
(4)
(a) A parent or legal guardian who requests a review under Subsection (1) shall provide notice of the request to the other parent within five days and in accordance with Section 26B-9-207.
(b) If the office initiates and conducts a review under Subsection (1), the office shall provide notice of the request to any parent or legal guardian within five days and in accordance with Section 26B-9-207.
(5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian may file a response to a request for review with the office.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 222 - Three-year notice of opportunity to review.

Effective 5/3/2023
26B-9-222.
Three-year notice of opportunity to review.
(1) Once every three years, the office shall give notice to each parent or legal guardian involved in a case receiving IV-D services of the opportunity to request a review and, if appropriate, adjustment of a child support order under Sections 26B-9-220 and 26B-9-221.
(2)
(a) The notice required by Subsection (1) may be included in an issued or modified order of support.
(b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1), three years after the date of the order issued or modified under Subsection (2)(a).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 223 - Posting bond or security for payment of support debt -- Procedure.

Effective 5/3/2023
26B-9-223.
Posting bond or security for payment of support debt -- Procedure.
(1) The office shall, or an obligee may, petition the court for an order requiring an obligor to post a bond or provide other security for the payment of a support debt, if the office or an obligee determines that action is appropriate, and if the payments are more than 90 days delinquent. The office shall establish rules for determining when it shall seek an order for bond or other security.
(2) When the office or an obligee petitions the court under this section, it shall give written notice to the obligor, stating:
(a) the amount of support debt;
(b) that it has petitioned the court for an order requiring the obligor to post security; and
(c) that the obligor has the right to appear before the court and contest the office's or obligee's petition.
(3) After notice to the obligor and an opportunity for a hearing, the court shall order a bond posted or other security to be deposited upon the office's or obligee's showing of a support debt and of a reasonable basis for the security.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 224 - Medical and dental expenses of dependent children.

Effective 5/3/2023
26B-9-224.
Medical and dental expenses of dependent children.
In any action under this part, the office and the department in their orders shall:
(1) include a provision assigning responsibility for cash medical support;
(2) include a provision requiring the purchase and maintenance of appropriate medical, hospital, and dental care insurance for those children, if:
(a) insurance coverage is or becomes available at a reasonable cost; and
(b) the insurance coverage is accessible to the children; and
(3) include a designation of which health, dental or hospital insurance plan, is primary and which is secondary in accordance with the provisions of Section 30-3-5.4 which will take effect if at any time the dependent children are covered by both parents' health, hospital, or dental insurance plans.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 225 - Enrollment of child in accident and health insurance plan -- Order -- Notice.

Effective 5/3/2023
26B-9-225.
Enrollment of child in accident and health insurance plan -- Order -- Notice.
(1) The office may issue a notice to existing and future employers or unions to enroll a dependent child in an accident and health insurance plan that is available through the dependent child's parent or legal guardian's employer or union, when the following conditions are satisfied:
(a) the parent or legal guardian is already required to obtain insurance coverage for the child by a prior court or administrative order; and
(b) the parent or legal guardian has failed to provide written proof to the office that:
(i) the child has been enrolled in an accident and health insurance plan in accordance with the court or administrative order; or
(ii) the coverage required by the order was not available at group rates through the employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
(2) The office shall provide concurrent notice to the parent or legal guardian in accordance with Section 26B-9-207 of:
(a) the notice to enroll sent to the employer or union; and
(b) the opportunity to contest the enrollment due to a mistake of fact by filing a written request for an adjudicative proceeding with the office within 15 days of the notice being sent.
(3) A notice to enroll shall result in the enrollment of the child in the parent's accident and health insurance plan, unless the parent successfully contests the notice based on a mistake of fact.
(4) A notice to enroll issued under this section may be considered a "qualified medical support order" for the purposes of enrolling a dependent child in a group accident and health insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act of 1974.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 226 - Compliance with order -- Enrollment of dependent child for insurance.

Effective 5/3/2023
26B-9-226.
Compliance with order -- Enrollment of dependent child for insurance.
(1) An employer or union shall comply with a notice to enroll issued by the office under Section 26B-9-225 by enrolling the dependent child that is the subject of the notice in the:
(a) accident and health insurance plan in which the parent or legal guardian is enrolled, if the plan satisfies the prior court or administrative order; or
(b) least expensive plan, assuming equivalent benefits, offered by the employer or union that complies with the prior court or administrative order which provides coverage that is reasonably accessible to the dependent child.
(2) The employer, union, or insurer may not refuse to enroll a dependent child pursuant to a notice to enroll because a parent or legal guardian has not signed an enrollment application.
(3) Upon enrollment of the dependent child, the employer shall deduct the appropriate premiums from the parent or legal guardian's wages and remit them directly to the insurer.
(4) The insurer shall provide proof of insurance to the office upon request.
(5) The signature of the custodial parent of the insured dependent is a valid authorization to the insurer for purposes of processing any insurance reimbursement claim.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 227 - Determination of parental liability.

Effective 5/3/2023
26B-9-227.
Determination of parental liability.
(1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office may determine by order the amount of a parent's liability for uninsured medical, hospital, and dental expenses of a dependent child, when the parent:
(a) is required by a prior court or administrative order to:
(i) share those expenses with the other parent of the dependent child; or
(ii) obtain medical, hospital, or dental care insurance but fails to do so; or
(b) receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.
(2) If the prior court or administrative order does not specify what proportions of the expenses are to be shared, the office may determine the amount of liability in accordance with established rules.
(3) This section applies to an order without regard to when it was issued.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 228 - Reporting past-due support to consumer reporting agency.

Effective 5/3/2023
26B-9-228.
Reporting past-due support to consumer reporting agency.
The office shall periodically report the name of any obligor who is delinquent in the payment of support and the amount of overdue support owed by the obligor to consumer reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
(1) only after the obligor has been afforded notice and a reasonable opportunity to contest the accuracy of the information; and
(2) only to an entity that has provided satisfactory evidence that it is a consumer reporting agency under 15 U.S.C. Sec. 1681a(f).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 229 - Information received from State Tax Commission provided to other states' child support collection agencies.

Effective 5/3/2023
26B-9-229.
Information received from State Tax Commission provided to other states' child support collection agencies.
The office shall, upon request, provide to any other state's child support collection agency the information which it receives from the State Tax Commission under Subsection 59-1-403(4)(l), with regard to a support debt which that agency is involved in enforcing.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 230 - Right to judicial review.

Effective 5/3/2023
26B-9-230.
Right to judicial review.
(1)
(a) Within 30 days of notice of any administrative action on the part of the office to establish paternity or establish, modify or enforce a child support order, the obligor may file a petition for de novo review with the district court.
(b) For purposes of Subsection (1)(a), notice includes:
(i) notice actually received by the obligor in accordance with Section 26B-9-207;
(ii) participation by the obligor in the proceedings related to the establishment of the paternity or the modification or enforcement of child support; or
(iii) receiving a paycheck in which a reduction has been made for child support.
(2) The petition shall name the office and all other appropriate parties as respondents and meet the form requirements specified in Section 63G-4-402.
(3) A copy of the petition shall be served upon the Child and Family Support Division of the Office of Attorney General.
(4)
(a) If the petition is regarding the amount of the child support obligation established in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court may issue a temporary order for child support until a final order is issued.
(b) The petitioner may file an affidavit stating the amount of child support reasonably believed to be due and the court may issue a temporary order for that amount. The temporary order shall be valid for 60 days, unless extended by the court while the action is being pursued.
(c) If the court upholds the amount of support established in Subsection (4)(a), the petitioner shall be ordered to make up the difference between the amount originally ordered in Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
(d) This Subsection (4) does not apply to an action for the court-ordered modification of a judicial child support order.
(5) The court may, on its own initiative and based on the evidence before it, determine whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court determines that U.R. Civ. P. Rule 11 was violated, it shall, at a minimum, award to the office attorney fees and costs for the action.
(6) Nothing in this section precludes the obligor from seeking administrative remedies as provided in this chapter.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 2 - Child Support Services › Section 231 - Reporting past-due support for criminal prosecution.

Effective 5/3/2023
26B-9-231.
Reporting past-due support for criminal prosecution.
(1)
(a) Upon request from an official described in Subsection (1)(b), the office shall report the name of an obligor who is over $10,000 delinquent in the payment of support and the amount of overdue support owed by the obligor to an obligee.
(b) The following officials may request the information described in Subsection (1)(a):
(i) the attorney general;
(ii) a county attorney in whose jurisdiction the obligor's obligee resides; or
(iii) a district attorney in whose jurisdiction the obligor's obligee resides.
(2) The office shall make the report described in Subsection (1) no later than 30 days after the day on which the office receives the request for information.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 301 - Definitions.

Effective 5/3/2023
26B-9-301.
Definitions.
As used in this part and Part 4, Income Withholding in Non IV-D Cases:
(1) "Business day" means a day on which state offices are open for regular business.
(2) "Child" means the same as that term is defined in Section 26B-9-201.
(3)
(a) "Child support" means a base child support award as defined in Section 78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages which accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.
(b) "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.
(4) "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.
(5) "Child support services" means the same as that term is defined in Section 26B-9-101.
(6) "Delinquent" or "delinquency" means that child support in an amount at least equal to current child support payable for one month is overdue.
(7) "Immediate income withholding" means income withholding without regard to whether a delinquency has occurred.
(8) "Income" means the same as that term is defined in Section 26B-9-101.
(9) "Jurisdiction" means a state or political subdivision of the United States, a territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political subdivision.
(10) "Obligee" means the same as that term is defined in Section 26B-9-201.
(11) "Obligor" means the same as that term is defined in Section 26B-9-201.
(12) "Office" means the Office of Recovery Services.
(13) "Payor" means an employer or any person who is a source of income to an obligor.
(14) "Support order" means the same as child support order.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 302 - Administrative procedures.

Effective 5/3/2023
26B-9-302.
Administrative procedures.
Because the procedures of this part are mandated by federal law they shall be applied for the purposes specified in this part and control over any other statutory administrative procedures.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 303 - Provision for income withholding in child support order -- Immediate income withholding.

Effective 5/3/2023
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:
(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.
(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.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 305 - Office procedures for income withholding for orders issued or modified before October 13, 1990.

Effective 5/3/2023
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.
(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.
(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.
(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.
(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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 306 - Notice to payor.

Effective 5/3/2023
26B-9-306.
Notice to payor.
Upon compliance with the applicable provisions of this part the office shall mail or deliver to each payor at the payor's last-known address written notice stating:
(1) the amount of child support to be withheld from income;
(2) that the child support must be withheld from the obligor's income each time the obligor is paid, but that the amount withheld may not exceed the maximum amount permitted under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
(3) that the payor must mail or deliver the withheld income to the office within seven business days of the date the amount would have been paid or credited to the employee but for this section;
(4) that the payor may deduct from the obligor's income an additional amount which is equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil Procedure, as the payor's fee for administrative costs, but the total amount withheld may not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
(5) that the notice to withhold is binding on the payor and on any future payor until further notice by the office or a court;
(6)
(a) that if the payor fails to mail or deliver withheld income to the office within the time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of the withheld income, whichever is greater, for each payment that is late, per obligor; and
(b) that if the payor willfully fails to withhold income in accordance with the notice, the payor is liable to the office for $1,000 or the accumulated amount the payor should have withheld, whichever is greater, plus interest on that amount;
(7) that the notice to withhold is prior to any other legal process under state law;
(8) that the payor must begin to withhold income no later than the first time the obligor's earnings are normally paid after five working days from the date the payor receives the notice;
(9) that the payor must notify the office within five days after the obligor terminates employment or the periodic income payment is terminated, and provide the obligor's last-known address and the name and address of any new payor, if known;
(10) that if the payor discharges, refuses to employ, or takes disciplinary action against an obligor because of the notice to withhold, the payor is liable to the obligor as provided in Section 26B-9-217, and to the office for the greater of $1,000 or the amount of child support accumulated to the date of discharge which the payor should have withheld, plus interest on that amount; and
(11) that, in addition to any other remedy provided in this section, the payor is liable for costs and reasonable attorneys' fees incurred in enforcing any provision in a notice to withhold mailed or delivered to the payor's last-known address.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 307 - Payor's procedures for income withholding.

Effective 5/3/2023
26B-9-307.
Payor's procedures for income withholding.
(1)
(a) A payor is subject to the requirements, penalties, and effects of a notice served on the payor under Section 26B-9-306.
(b) A payment of withheld income mailed to the office in an envelope postmarked within seven business days of the date the amount would have been paid or credited to the obligor but for this section satisfies Subsection 26B-9-306(3).
(2)
(a) If a payor fails to comply with a notice served upon the payor under Section 26B-9-306, the office, the obligee, if an assignment has not been made under Section 35A-7-108, or the obligor may proceed with a civil action against the payor to enforce a provision of the notice.
(b) In addition to a civil action under Subsection (2)(a), the office may bring an administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, to enforce a provision of the notice.
(c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a provision of the notice, the obligee or obligor may recover any penalty related to that provision under Section 26B-9-306 in place of the office.
(3) If the obligor's child support is owed monthly and the payor's pay periods are at more frequent intervals, the payor, with the consent of the office may withhold an equal amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
(4) A payor may combine amounts which the payor has withheld from the incomes of multiple obligors into a single payment to the office. If such a combined payment is made, the payor shall specify the amount attributable to each individual obligor by name and Social Security number.
(5) In addition to any other remedy provided in this section, a payor is liable to the office, obligee, or obligor for costs and reasonable attorney fees incurred in enforcing a provision in the notice mailed or delivered under Section 26B-9-306.
(6) Notwithstanding this section or Section 26B-9-306, if a payor receives an income withholding order or notice issued by another state, the payor shall apply the income withholding law of the state of the obligor's principal place of employment in determining:
(a) the payor's fee for processing income withholding;
(b) the maximum amount permitted to be withheld from the obligor's income;
(c) the time periods within which the payor must implement income withholding and forward child support payments;
(d) the priorities for withholding and allocating withheld income for multiple child support obligees; and
(e) any term or condition for withholding not specified in the notice.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 308 - Termination of income withholding.

Effective 5/3/2023
26B-9-308.
Termination of income withholding.
(1)
(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:
(i) good cause under Section 26B-9-304;
(ii) the execution of a written agreement under Section 26B-9-304; or
(iii) the completion of an obligor's support obligation.
(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.
(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
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 309 - Payor's compliance with income withholding.

Effective 5/3/2023
26B-9-309.
Payor's compliance with income withholding.
(1) Payment by a payor under this part satisfies the terms for payment of income under any contract between a payor and obligor.
(2) A payor who complies with an income withholding notice that is regular on its face may not be subject to civil liability to any person for conduct in compliance with the notice.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 310 - Violations by payor.

Effective 5/3/2023
26B-9-310.
Violations by payor.
(1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice to withhold served by the office under this part, or because of a notice or order served by an obligee in a civil action for income withholding.
(2) If the payor violates Subsection (1), that payor is liable to the office, or to the obligee seeking income withholding in a civil action, for the greater of $1,000 or the amount of child support accumulated to the date of discharge which he should have withheld, plus interest on that amount and costs incurred in collection of the amount from the payor, including a reasonable attorney fee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 311 - Priority of notice or order to withhold income.

Effective 5/3/2023
26B-9-311.
Priority of notice or order to withhold income.
The notice to withhold provided by Section 26B-9-306, and a notice or order to withhold issued by the court in a civil action for income withholding, are prior to all other legal collection processes provided by state law, including garnishment, attachment, execution, and wage assignment.
Renumbered and Amended by Chapter 305, 2023 General Session