| Utah State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 6 Regional Offices. |
| A3. With what types of agencies do you have cooperative agreements? |
| Attorney General's Office, Process Service Companies, DNA Diagnostic Companies, and Office of State Debt Collection. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes |
| A4.1. If yes, what is the statutory citation? |
U.C.A. 78B-12-113, U.C.A. 78B-15-110, U.C.A. 78B-14-307(6), U.C.A. 62A-11-107(6)
For Additional Information - U.C.A. 78B-12-113, U.C.A. 78B-15-110, U.C.A. 78B-14-307(6), U.C.A. 62A-11-107(6) |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| www.utahbar.org/rules ops pols/ethics opinions/op 99 02.html, www.utahbar.org/rules ops pols/ethics opinions/op 115.html, www.utahbar.org/rules ops pols/ethics opinions/op 99.html |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 04/28/1996 |
| B2. What is the effective date of your State's UIFSA? |
| 07/01/1996 |
| B3. What is the statutory citation for your State's Act? |
U.C.A 78B-14-101-901.
For Additional Information - http://www.le.state.ut.us/~code/TITLE78/78_3A.htm |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 2001 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| July 2004 |
| B5. Optional comments regarding your State's UIFSA. |
| None |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Alberta, British Columbia, British Isles, England, France, Germany, Manitoba, Mexico, Northern Ireland, Norway, Ontario, Poland, Quebec, Saskatchewan, Scotland, United Kingdom, Wales, West Germany and Yukon territory. |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No |
| C1.2. If yes, please explain. |
| N/A |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| N/A |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 18 years of age or has graduated from high school during the child's normal and expected year of graduation, which ever occurs later. |
| D2. What is the statutory citation for the age of majority? |
U.C.A. 78B-12-219.
For Additional Information - http://www.le.state.ut.us/~code/TITLE78/htm/78_36022.htm |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| For orders issued after July 1, 1994, 18 years of age or has graduated from high school during the child's normal and expected year of graduation, which ever occurs later. For order issued prior to July 1, 1994 the age when child support is automatically terminated is 18. |
| D4. Does the date of the order impact what law is applied? |
| Yes |
| D4.1. If yes, please explain. |
| For orders issued after July 1, 1994, 18 years of age or has graduated from high school during the child's normal and expected year of graduation, which ever occurs later. For order issued prior to July 1, 1994 the age when child support is automatically terminated is 18. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| N/A |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| By court order. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| Yes |
| D7.1. If yes, please describe the procedure. |
| The guidelines worksheet is recalculated with the only change being that one less child is included. |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| The majority of the last child in the order, plus 4 years unless a sum-certain judgment has been taken (support has been reduced to a judgment and the eight year statute of limitations allow collection for a longer time period). |
| E2. What is your State's statute of limitations for paternity establishment? |
The child's 18th birthday; 4 year statute of limitations on arrearages when establishing paternity is pursued privately. The IV-D office does not pursue arrears on paternity cases prior to the date of the paternity notice.
For Additional Information - UCA 78B-15-305, UCA 78B-15g-109, UCA 78B-16-606 |
| E3. Is dormancy revival/renewal possible? |
| Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| Judgments may be renewed by court order prior to expiring. The IV-D office does not pursue judgment renewals. |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Income Shares.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| N/A |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| N/A |
| F4. Does your State charge interest on adjudicated arrears? |
| No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Federal post-judgment rate plus 2% on judgments. Rate changes each January.
For Additional Information - UCA 15-1-4 |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If the uninsured medical portion has been reduced to a sum-certain judgment by the parent. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| Charge the custodial parent for payment processing ($5.00 per check with a $10.00 limit per month) and Federal Tax offset ($25.00). |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Charge the obligor for each payment made by income withholding ($3.50 per check with a $7.00 limit per month). This only applies to Utah orders dated January 1, 1994 through July 1, 1997. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| Genetic testing costs. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
U.C.A. 78-27-23, 78-45a-2, 78-45e-1 through 4, and 78-45f-201 & 202.
For Additional Information - http://www.le.state.ut.us/~code/TITLE78/htm/78_22016.htm |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| Will not establish; Will enforce and modify in conjunction with a child support obligation. Will continue to enforce after the child support obligation ends if income withholding is already in place. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
If the parties wish to receive a present family credit in establishment or modification, information on the new spouse will be required before the credit can be calculated.
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| The fee is paid by the CP and it is retained from the child support collection after $500.00 has been disbursed to the CP within a one-year time period. The one-year time period is measured from October 1 through September 30 of each year, beginning October 1, 2006 (federal fiscal year). |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| Yes |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| It is collected from the child support collection after $500.00 has been disbursed to the CP within a one-year time period. |
| F11.3. Does your State collect the fee from the absent parent? |
| No. |
| F11.4. Does your State pay the fee out of its own funds? |
| No. |
| F12. When will your State implement the required DRA limited-assignment provision? |
| October 1, 2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No |
| F13.1. If yes, provide the date. |
| |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
| |
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| No |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| N/A |
| F15.2. When will your State discontinue each type of assignment? |
| N/A |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| Yes |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Notice to Withhold (NTW), for "Income Withholding." |
| G2. What specific source of income is not subject to withholding? |
Means tested income (i.e. Government programs that require the recipient to meet certain income levels to qualify for the benefit. Means tested programs include, but are not limited to: IV A services; Supplemental Security Income (SSI), Medicaid; Food Stamps; General Assistance; benefits received under a housing subsidy; or the Job Training Partnership Act).
For Additional Information - UCA 78B-12-203 |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| Yes |
| G3.1. If yes, what are those limits? |
| 50% of disposable income after mandatory deductions; up to 65% in some cases to meet all current support obligations. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
May charge a one time fee of $25.00.
For Additional Information - UCA 62A-11-406 & 407, UCS 78A-2-216 |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| The next pay period. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Within 7 days. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| 1. Administrative non-wage garnishment 2. If #1 is not effective, the employer is referred to the Attorney General's Office for judicial enforcement. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Liability for willfully failing to withhold is $1,000, or the accumulated amount which should have been withheld, whichever is greater. Liability for late payments is $50, or 10% of the withheld amount for each late payment, whichever is greater. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| The withholding request must be sent to Utah's IV-D agency. The Unemployment Compensation Agency is not defined as an "employer." |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| The withholding request must be sent to Utah's IV-D agency. The Worker's Compensation Agency is not defined as an "employer." |
| G11. How does an obligor contest income withholding in your State? |
| Send in a written request contesting income withholding. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| Current supports for all claims are honored first. If there is not enough money to cover all, current support is prorated. Utah's arrears have priority over other States' arrears. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Utah employer - contact the Office of Recovery Services/Child Support Services to establish priorities for allocating the support withheld. Out-of-state employer - follow the laws of the non-custodial parents work state to establish priorities for allocating the support withheld.
For Additional Information - UCA 78B-14-502 & 503 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| No. |
| G14. When does your state require the employer to send notice of an employee's termination? |
| For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| Indefinitely - UCA 62A-11-408(2)&(3) |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| Charge the obligor for each payment made by income withholding ($3.50 per check with a $7.00 limit per month). This only applies to Utah orders dated January 1, 1994 through July 1, 1997. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
For Additional Information - No Link Provided |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Direct income withholding can be sent to an employer.
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current child support should always be paid first, however, the NCP can ask the employer to continue withholding the medical support amount and exceed CCPA limits.
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| N/A |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99.33% or higher.
For Additional Information - UCA 78B-15-505 |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
It is conclusive unless it is successfully challenged or rescinded.
For Additional Information - No Link Provided |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 05/16/1994 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
N/A
For Additional Information - No Link Provided |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
Court action required or genetic test results.
For Additional Information - No Link Provided |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
It is merely evidence of paternity.
For Additional Information - UCA 78B-15-102(1), UCA 78B-15-102(26), UCA 78B-15-623(3) and (4) |
| H7. Does your State have any other paternity-related presumptions? |
| No |
| H7.1. If yes, briefly explain. |
N/A
For Additional Information - N/A |
| H8. Does your State have a putative fathers' registry? |
| Yes |
| H8.1. If yes, what is the name of that entity? |
| Department of Health/Office of Vital Records and Statistics. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
None.
For Additional Information - No Link Provided |
| H10. Is common law marriage recognized in your State? |
| Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Paternity must still be legally established. A request to have a common law marriage must be made during the relationship or within one-year after its termination.
For Additional Information - U.C.A. 30-1-4.5 |
| H10.2. When did your current common law standard go into effect? |
| 01/1987 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| No law in effect prior to 1987. |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Written, teleconferencing, videotape, or other electronic means. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
U.C.A. 78B-3-205, 78B-12-1022, 78B-13-110 through 204, and 78B-14-201.
For Additional Information - http://www.le.state.ut.us/~code/TITLE78/htm/78_22017.htm |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| As requested by other state. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| Copy of court or administrative order or acknowledgment of paternity and payment of fee upon filing with the Office of Vital Records and Statistics. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| Father's name on birth certificates does not mean paternity is conclusively determined, only evidence of paternity. |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One set of document with a paternity affidavit for each child. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Primarily Administrative, Judicial as needed. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| No prior judicial order exists or a prior judicial order authorizes use of administrative process. |
| I1.2. Under what circumstances would the judicial process be used? |
| A prior judicial order exists or involves a minor parent. U.C.A. 62A-11-304.2, 63G-4. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
U.C.A. 62A-11-301 through 328, authorizes the administrative process; U.C.A. 63G-4 Utah Administrative Procedures Act (UAPA).
For Additional Information - http://www.le.state.ut.us/~code/TITLE62A/htm/62A0A027.htm |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Both CP's & NCP's income are used. A current spouse's income may be used to determine present family credit.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Amount would be unjust, inappropriate, or not in the best interest of the child.
For Additional Information - UCA 78B-12-202, 205, and 210 |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| In conjunction with establishing a current support obligation only. Paternity cases: prior period from date of paternity notice forward (no arrears pursued on paternity cases). Non-paternity cases: prior period up to four years at time of notice, but not to exceed the earlier of the IV-A date of eligibility or date of IV-D application on Non-IV-A cases. |
| I4.2. What information or documentation does your State require to proceed? |
Time periods and parents income information.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| Cannot establish support for prior periods on emancipated child(ren). |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity and order establishment, modification of existing administrative orders.
For Additional Information - UCA 62A-11-107, 320.5 and 320.6, UCA 63g-4, UCA 78B-12-202, UCA 78B-14-507 |
| I6. What is your State's statutory authority for the administrative process? |
Utah Administrative Procedures Act (UAPA) UCA 63g-4.
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
| For Additional Information - No Link Provided
|
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| Yes |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| We rely on the issuing state's laws to determine whether support follows the child and under what circumstances. |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment (Utah uses the phrase "establishment by modification" internally) because there is no dollar amount. |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
| Administrative. |
| J2.1. What are the trigger criteria for filing a lien? |
$150 TANF, $500 Non-TANF - one month delinquent, received annual notice plus 30 days delinquent, no bankruptcy, and no good cause.
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| County. |
| J2.3. Does your State charge a fee for filing a lien? |
| No |
| J2.4. If yes, please indicate the amount. |
| |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Judicial. However, the IV-D agency does not currently execute on real property. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative. |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When case becomes delinquent. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| The State. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| Simultaneously. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| $150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at least more than one month delinquent. No account exempt. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF. The value of the asset must exceed the costs associated with the asset seizure.
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| Yes |
| J5.3. 1. If yes, please provide the time frame. |
| 60 days. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| Yes |
| J5.4.1. If yes, please provide the percentage. |
| Any amount available over a $2,000.00 threshold. |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| Any portion that can be shown to belong to a non-obligated joint owner will not be levied. |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| Yes, current IV-D agency procedures require over $2,000.00. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| State, prior to issuing the lien; Financial Institution after receiving the lien. |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
15 Calendar days.
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| 15 Calendar days. |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
- Case is currently under administrative review. - Some or all funds are exempt as they are from Federal or State benefits. - Not the obligor. - Some or all funds do not belong to the obligor. - Contesting the past-due amount alleged.
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative or judicial. |
| J5.11. What are your State's penalties for incorrect seizures? |
| None. |
| J5.12. Is the second challenge administrative, judicial or both? |
| Administrative or judicial. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 15 calendar days from date of notice. Financial institution sends non-debtor notice if non-debtor lives at a different address. IV-D agency sends notice to non-debtor if non-debtor lives at same address as obligor. Non-debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Not centralized. Not automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| None |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| |
| J5.16.1. If yes, what is the amount? |
| |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
| For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes.
For Additional Information - U.C.A. 62A-11-304.1(5)(b) and 62A-11-313
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
21 Calendar Days.
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Administrative. |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Automated Annual Notice of Past-due Support (Super Notice). |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
File an Interstate Lien with the appropriate Clerk of Court where the property is located.
For Additional Information - 63G-4-201(3) |
| J10. Which of our State's enforcement remedies are available without registration? |
| All administrative enforcement procedures are available, as long as the orders are not contested. |
| J11. Describe your State's registration and enforcement procedures. |
| Judicially referred. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| No |
| J13.1. If yes, please provide the statutory citation. |
See 62A-11-315.5, Enforcement of Liens Arising in Another State. All administrative enforcement procedures are available, as long as the orders are not contested.
For Additional Information - http://www.le.state.ut.us/~code/TITLE62A/htm/62A0A036.htm |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| No |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| Send the federal Notice of Lien directly to the financial institution. |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Experian, TransUnion, and Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| The responding state. |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| Arrears must be equal to $150.00 (IV-A TANF) or $500.00 (Non-TANF) and be greater than three times the current support amount due. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Every three years or as requested. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| By request of the CP, NCP or by the request of the state. |
| K3. Briefly describe your State's modification procedure. |
| Income information is gathered and the state guidelines are applied. Modifications are pursued when amount of change meets the statutory threshold. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 10% , if it has been 3 years since present order date; change in circumstances and 15% , if it has been less than 3 years. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| No |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| No |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| Material change in custody. Material changes in wealth or assets of the parties. For a complete list, see UCA 78B-12-210. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| |
| K7. How does your State credit SSA disability to current and past due support? |
| If child receives money on behalf of a disabled parent, credit is given. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| Utah orders provide for reduction of child support due to parent-time if exercised exactly as provided in the order or if agreed upon by both parents in writing. Utah orders may be subject to “Support Follows the Child” statute, changing the support obligation from one parent to the other, if the physical custody of all of the children has changed from one parent to the other, without requiring a legal custody change. Contact Utah for additional details if needed. Some Utah support orders contain a provision that automatically reduces child support during periods of NCP incarceration; in other cases, Utah’s IV-D agency has a program to “write-off” (under certain circumstances) IV-A child support debts accrued while the NCP was incarcerated. |
| K8.1. If yes, please explain the situation? |
| Parent-time reduction (see K8.2). For prison only if a reduction provision was included in the original support order. |
| K8.2. What is the statutory citation for your abatement law? |
Parent-time reduction: UCA 78B-12-216 Support Follows the Child: UCA 78B-12-108. No statute cite for prison abatement.
For Additional Information - UCA 78B-12-216 and 78B-12-108. |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| None. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| Submit a written request on agency letterhead to the Department of Health, Office of Vital Records and Statistics, PO Box 141012, Salt Lake City, UT 84114-1012 . The written request must include all identifying birth information, a copy of the requestor’s badge for identification purposes, and the $18.00, effective July 1, 2009, fee payable to “Utah Department of Health.” |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| For enforcement the Child Support Enforcement Transmittal #1 Initial Request and the registration Statement. For modification the Child Support Enforcement Transmittal #1 Initial Request, Uniform Support Petition, General Testimony, and the Registration Statement. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - N/A |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A
For Additional Information - No Link Provided
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| N/A |
| L4. How are employers instructed to report a pending lump sum? |
| N/A |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| N/A |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| N/A |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| N/A |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Notice of Lien Levy |
| L9. What other documents does your State use to attach lump sum payments? |
| N/A |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information -N/A
|
| L10.2 If no, what percentage is the employer required to withhold? |
| N/A |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| Yes |
| M2.1. If yes, provide the statutory citation |
U.C.A. 26-19-4.7, Medical Benefits Recovery Act.
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
N/A
For Additional Information - No Link Provided |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Directly with the insurance company. |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| no, because it is required by law. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| N/A |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| We only do insurance settlements for TORT actions. |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No.
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| N/A |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
The individual must be Medicaid eligible.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| No. |
| M3.1. Please provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| Yes. |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| Insurers = quarterly. Workers compensation = monthly. |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
N/A
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| No. |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| N/A |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| Yes. |
|
