CASE MANAGEMENT

CS 089P De Novo Review

New 01/10/01

U.C.A 62A-11-304.4, 62A-11-333

 

UCA 62A-11-333 states:
    “(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 62A-11-304.4;
     (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 63-46b-15.
     (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 78, Chapter 45, Uniform Civil Liability for 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 attorneys' fees and costs for the action.
     (6) Nothing in this section precludes the obligor from seeking administrative remedies as provided in this chapter.”

 

Within 30 days of notice of any administrative action initiated by the Office of Recovery Services/Child Support Services (ORS/CSS) to establish paternity, or to establish, modify or enforce a child support order, the non-custodial parent (NCP) may file a petition for de novo review with the district court.  A de novo review is a review that starts “afresh” or “anew”, as if the matter has not been previously heard or a decision rendered. 

 

A Notice of Administrative Action, as associated with de novo review includes the actions listed below.

 

1.                  A notice generated by CSS and actually received by the NCP/obligor in accordance with U.C.A 62A-11-304.4.  For example, the NCP received and is responding to the “Annual Notice of Past-due Child Support.”

 

2.                  Participation by the NCP in the proceedings related to the establishment of paternity, or the establishment, modification or enforcement of child support.

 

3.                  Receiving a paycheck in which child support has been withheld at the request of CSS.

 

When petitioning the district court for a de novo review, the NCP must include CSS as a party and serve a copy of the petition upon the Child and Family Support Division of the Office of the Attorney General.

 

If you receive a copy of the petition for de novo review from the NCP, or are informed of the de novo review by the Attorney General’s Office (AGO), you must refer the case to the AGO.   

 

If you are currently enforcing on the case, review the case with your management chain (Manager, ARD, RD and CSS Director) to make a determination as to whether it is prudent to continue enforcement while waiting for the de novo review.  CSS is not legally obligated to discontinue enforcement; however, after further review, you may determine that it is in the best interests of the agency to discontinue enforcement until the de novo review has been completed.