PROCESSING

CS 069P Retained Support Sanctions

New 07/14/03 Revised 04/24/12

UCA 62A-11-307.1(3), 62A-11-307.2 (4); R527-40

 

Statutory Authority

 

UCA 62A-11-307.1(3) states as follows:

(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 62A-11-307.2(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.

62A-11-307.2 (4) states:

(a) If an obligee receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the office.
     (b) (i) If an obligee agrees with an obligor to receive payment of support other than in the court or administratively ordered manner and receives payment as agreed with the obligor, the obligee shall immediately deliver the cash equivalent of the payment to the office.

     (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall return the excess to the obligee.

 

If a respondent on a Team 60 (CSS Retained Support) case has a retained support debt, is receiving IV-A cash assistance, and is not paying by income withholding, s/he must cooperate with the Office of Recovery Services/Child Support Services (ORS/CSS) by:

 

1.                  entering into a repayment agreement; and,

 

2.                  complying with the terms of the agreement.

 

If the respondent fails to cooperate, notify the Department of Workforce Services (DWS) to initiate a retained support sanction.