CASE MANAGEMENT

CS 065P Child Care Collection Services, Non-IV-A Cases

11/87 Revised 04/12/12 Training Completed 04/26/12

UCA 78B-12-214; R527-34

 

Statutory Authority

 

Utah Code Annotated (UCA) 78B-12-212 (Child care expenses -- Expenses not incurred.) states:
   “(1) The child support order shall require that each parent share equally the reasonable work-related child care expenses of the parents.
     (2) (a) If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.
     (b) (i) In the absence of a court order to the contrary, a parent who incurs child care expense shall provide written verification of the cost and identity of a child care provider to the other parent upon initial engagement of a provider and thereafter on the request of the other parent.
     (ii) In the absence of a court order to the contrary, the parent shall notify the other parent of any change of child care provider or the monthly expense of child care within 30 calendar days of the date of the change.
     (3) In addition to any other sanctions provided by the court, a parent incurring child care expenses may be denied the right to receive credit for the expenses or to recover the other parent's share of the expenses if the parent incurring the expenses fails to comply with Subsection (2)(b).”

Child Care Collection Criteria

 

The Office of Recovery Services/Child Support Services (ORS/CSS) will collect child care expenses in accordance with R527-34 when the following criteria are met:

 

1.                  a request to collect child care is received from either the non-custodial parent (NCP) or custodial parent (CP);

 

2.                  there is a specific monthly dollar amount in the order for child care along with a current child support obligation; and,

 

3.                  neither parent is disputing the monthly child care amount.

 

If the order specifies a monthly child care amount, ORS/CSS can collect that amount back to the effective date of the order if the request is accompanied by a payment history.  Otherwise, CSS will collect the amount specified in the order for monthly child care prospectively from the date the request is made, i.e. date of application or at a later date.  ORS/CSS will continue to collect the monthly child care amount until the case is closed or the child care debt is no longer valid; e.g., the child has started school and no longer requires day care, in accordance with UCA 78B-12-214 (2)(a), which  states:

 

“If an actual expense for child care is incurred, a parent shall begin paying his share on a monthly basis immediately upon presentation of proof of the child care expense, but if the child care expense ceases to be incurred, that parent may suspend making monthly payment of that expense while it is not being incurred, without obtaining a modification of the child support order.” (Emphasis added.) 

 

If at any time either party disputes the amount due, stop collecting the child care obligation until the dispute is resolved by the parties.  CSS does not resolve child care obligation disputes.