CS 156P-3 Direct Income Withholding – Non-Custodial Parent Contests
45 CFR 303.100; UCA 78b-14-506; R527-300
The non-custodial parent (NCP) may contest the validity of income withholding if s/he believes there has been an error in determining:
1. the NCP’s identity;
2. the support order in effect is not the controlling order; and,
3. the amount of current support ordered.
Non-custodial Parent Options - Utah Issued Income Withholding
The NCP may challenge the income withholding notice by requesting:
1. an administrative review with the state (Utah) that issued the income withholding notice: If you receive a written request contesting income withholding, conduct a review.
2. a formal review with his/her work state: If the NCP is not able to resolve the contest with the Office of Recovery Services/Child Support Services (ORS/CSS), s/he may register the Utah Notice to Withhold (NTW) in a designated tribunal of his/her work state in accordance with UCA 78B-14-506, which states:
(1) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Part 6, Registration, Enforcement, and Modification of Support Order, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(2) The obligor shall give notice of the contest to:
(a) a support enforcement agency providing services to the obligee;
(b) each employer that has directly received an income withholding order relating to the obligor; and
(c) the person designated to receive payments in the income withholding order or if no person is designated, to the obligee.”
If the NTW was issued in another state and sent directly to a Utah employer, the employer should continue deducting support after the NCP challenges or contests the NTW until/unless the employer receives a termination order from a court with appropriate jurisdiction. If ORS/CSS is not providing services to the other state on behalf of the CP (2-state referral), the NCP must register the NTW in the appropriate Utah court and pursue the action without involvement from CSS, because there is no open CSS case with the parties in Utah.
If the NTW was issued by ORS/CSS and sent directly to an employer in another state, the employer should continue deducting support after the NCP challenges or contests the NTW until/unless the employer receives a termination order from either ORS/CSS or a court with appropriate jurisdiction. Therefore, if you receive notification that the NCP has registered the Utah NTW in another state, you must:
a. place a hold on all funds, except current support, to stop the payment from disbursing to the custodial parent.
NOTE: Make sure you release the hold as soon as the challenge/contest has been resolved.
b. provide the appropriate tribunal with the necessary information to allow a determination of whether income withholding is appropriate.