CASE INITIATION

CS 1104P Enforcing an Existing Order on a CIC Case

10/02 Revised 06/01/18 Training Completed 06/15/18

U.C.A. 78B-12-102, 78B-12-108, 78B-12-205

 

NOTE:  CIC-specific procedures contained in this section.

 

 

Statutory Authority

 

U.C.A. 78B-12-108 states:

(1) Obligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child.

(2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102,

when physical custody changes from that assumed in the original order, the parent without

physical custody of a child shall be required to pay the amount of support determined in

accordance with Sections 78B-12-205 and 78B-12-212, without the need to modify the order

for:

(a) the parent who has physical custody of the child;

(b) a relative to whom physical custody of the child has been voluntarily given; or

(c) the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.” (Emphasis added.)

 

If all of the children in an existing child support order enter the custody of the state, support follows the child procedures may apply, which facilitates the collection of child support without the need to have the existing support order (i.e., both judicial and administrative orders) modified. 

 

Even when support follows the child procedures are not applicable, each parent potentially has a support obligation for the child(ren) in custody.  If there is an existing order, the type of existing order, the custody arrangement used for support calculation, and the likelihood of successfully completing any necessary modifications within a timeframe to recover any state expenditures must be considered when determining if an existing order is (or will be modified to be) enforceable against either or both parents.

 

 

Procedures – Determining if an Existing Order is Enforceable

 

If there is an existing child support order, and physical custody of all or some of the children has now been given to the state, refer to the steps below to determine if the Office of Recovery Services (ORS) can proceed to enforce the existing order. 

 

When the procedures below indicate that the case should be prepared for closure, determine the most appropriate closure code to use. 

 

1.            Utah Judicial Order.  If there is an existing judicial order for the child(ren) that is now in the custody of the state, enforce the existing child support and/or medical support obligation based on the parent ordered to pay and/or to provide medical support and the scenarios listed below:

a.                   No child support provision – If the existing order does not have a child support provision for either parent or the ordered amount is zero for both parents but there is a medical support provision for the child(ren), add the medical support order to ORSIS to ensure proper enforcement of the medical support provision.

i.                     Add the medical support only order to ORSIS.

ii.                   Review the case to determine if a modification to establish a child support provision is appropriate (e.g., the child(ren) are likely to be in state’s custody long-term).

iii.                  Determine if the obligated parent(s) are employed and if the employer offers insurance:

b.                  Sole custody worksheet – If the existing judicial order is based on a sole custody worksheet, proceed to enforce according to the guidelines listed below:

i.                     Both parents ordered – If there is an ordered amount for both parents or an amount may be determined for each parent (e.g. based on a worksheet, or incomes included in order which are sufficient to reconstruct the worksheet), charge each parent the full ordered amount if all of the children in the order are in the custody of the state, or prorate each parent’s support amount for the children in care.  If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

ii.                   One parent ordered – If one of the parents is not ordered to pay a child support amount or an amount cannot be determined for one of the parents based on a worksheet or reconstructed worksheet, take the following actions for each parent:

A.                  Ordered parent - If all of the children in the order go into state custody, the parent shall pay the total ordered amount on the CIC case.  If only some of the children in the order are in state custody, prorate the ordered amount for the child(ren) on the CIC case. If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

B.                  Non-ordered parent –Consider the child(ren) being in the custody of the state a temporary situation and do not modify the existing order to establish a support obligation against the non-ordered parent.  Pend the non-ordered parent’s case for closure using the most appropriate closure code. 

c.                   Joint custody worksheet – If the existing judicial order is based on a joint custody worksheet, proceed to enforce according to the guidelines listed below:

i.                     Ordered parent – If all of the children in the order go into state custody, the parent shall pay the total ordered amount on the CIC case.  If only some of the children in the order are in state custody, prorate the ordered amount for the child(ren) on the CIC case. If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

ii.                   Non-ordered parent – Consider the child(ren) being in the custody of the state a temporary situation and do not modify the existing order to establish a support obligation against the non-ordered parent.  Pend the non-ordered parent’s case for closure using the most appropriate closure code.

d.                  Split custody worksheet – If the existing judicial order is based on a split custody worksheet, proceed to enforce according to the guidelines listed below:

i.                     Ordered parent – If all of the children in the order go into state custody, the parent shall pay the total ordered amount on the CIC case.  If only some of the children in the order are in state custody, prorate the ordered amount for the child(ren) on the CIC case. If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

ii.                   Non-ordered parent – Consider the child(ren) being in the custody of the state a temporary situation and do not modify the existing order.  Pend the non-ordered parent’s case for closure using the most appropriate closure code.

e.                  Deviated Order – If a judicial order contains a deviated child support amount, proceed to enforce according to the guidelines listed below:

i.                     Ordered parent – If all of the children in the order go into state custody, the parent shall pay the total ordered amount on the CIC case.  If only some of the children in the order are in state custody, prorate the ordered amount for the child(ren) on the CIC case. If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

ii.                   Non-ordered parent – Consider the child(ren) being in the custody of the state a temporary situation and do not modify the existing order.  Pend the non-ordered parent’s case for closure using the most appropriate closure code.

2.                   Interstate Order.  If there is an existing out-of-state order for the child(ren) that is now in the custody of the state,  enforce the existing obligation based on the same guidelines that are used for a judicial order.  Verify the Utah juvenile court order contains language requiring the parents to pay support for the child(ren) in care.

 

3.                   Utah Administrative Order.  If Utah has established an administrative order for the child(ren) now in the custody of the state, use the following guidelines to enforce the existing order.

a.                   CSS Administrative Order.

i.                     Split Custody Worksheet – If ORS/CSS established an administrative order based on a split custody worksheet, follow the same guidelines as a judicial split custody order. 

ii.                   Joint Custody Worksheet – If ORS/CSS established an administrative order based on a joint custody worksheet, follow the same guidelines as a judicial joint custody order.  (Joint-custody administrative orders have not been issued.  This may become applicable in the future.) 

iii.                  Sole Custody Worksheet – If ORS/CSS established an administrative order based on a sole custody worksheet, follow the guidelines listed below.

A.                  Two-parent order – If both parents are listed as respondents on the CSS administrative order follow the same guidelines as a judicial sole custody order. 

B.                  One-parent order – If only one-parent is listed as a respondent on the CSS Administrative Order, follow the procedures below.

I.                    Ordered parent – If all of the children in the order go into state custody, the ordered parent shall pay the total ordered amount on the CIC case.  If only some of the children in the order are in state custody, prorate the ordered amount for the child(ren) on the CIC case. If there is a CSS case charging support, end or prorate the amount of support being charged accordingly.

II.                  Non-ordered parent - A one-parent administrative order can be modified to create a two-parent order if the other parent’s location is known and no other orders exist for the other parent. 

b.                  CIC Administrative Order.  If a CIC administrative order is the only child support order for the parents, and the order covers the child(ren) currently in state custody, use the existing CIC order to charge support for the child(ren) on a CIC case.  If there is any other existing order for either parent, use the guidelines listed above for the child(ren) in the custody of the state.  Do not reuse the CIC administrative order if any other order exists for the parents of a child in care.

 

Temporary administrative orders established by CIC under the state statutory guidelines are generally based upon sole custody worksheets.  CIC temporary administrative orders issued prior to July 2001 presumed that the custodial parent named in the case had sole physical custody of the child(ren).  In July 2001, ORS began to include both parents as respondents in its temporary administrative orders.  Therefore, CIC administrative orders issued after July 2001 have presumed that both parents could have a support obligation, depending on the actual physical custody arrangements of the child(ren).

 

 

CS 1104.3 Low Income or Means-tested Income Waiver

 

U.C.A. 78A-6-1106 states:

“(12) After the court or the office establishes an individual’s child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the court if:

(a) the individual’s child support obligation is established under Subsection 78B-12-205(6) or Section 78B-12-302; or

(b) the individual’s only source of income is a means-tested, income replacement payment of aid, including:

(i) cash assistance provided under Title 35A, Chapter3, Part 3, Family Employment Program; or

(ii) cash benefits received under General Assistance, social security income, or social security disability income.”

 

Pursuant to U.C.A. 78A-6-1106(12), if child support order has been established for the case and the case meets the following criteria, it is no longer enforceable under state law when:

1.                   The order is a Utah minimum order ($30 or less);

2.                   The low income tables were used to determine the current support.  Refer to tables to verify whether or not the low income tables were used to determine the child support; or,

3.                   The NCP’s only source of income is a means-tested, income replacement payment of aid including:

a.                   FEP (Family Employment Program (formerly referred to as TANF));

b.                  GA (General Assistance);

c.                   SSI (Supplemental Security Income); or,

d.                  SSDI (Social Security Disability Income).

 

NOTE:  If it has been determined that the NCP’s only source of income is SSI, an order does not need to be established and the case must be closed.