UIFSA  

CS 156 Direct Income Withholding

10/96 Revised 01/15/16 Training Completed 07/15/15

45 CFR 303.7; U.C.A. 78B-14-307, 319, 501

 

Statutory Authority

 

Pursuant to Utah Code Annotated (U.C.A.) 78B-14-501 Employer’s receipt of income-withholding order of another state:

“An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support-enforcement agency, to the person defined as the obligor's employer under Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and Part 5, Income Withholding in Non IV-D Cases, without first filing a petition or comparable pleading or registering the order with a tribunal of this state.”

 

If the non-custodial parent (NCP) resides and works outside the state of Utah and his/her employment is known, it may be appropriate to send a “Notice to Withhold (NTW) Income for Child Support” , before referring the case to another state (two-state action, see 156.2 Definitions below).  At times it may not be possible to send direct income withholding to the “payor of income” in the other state.  For example, not all “payors of income” are subject to a withholding order; e.g., Unemployment Compensation, Workers Compensation, etc.  If the NCP’s “payor of income” is not employment related, check the laws of the other state before you initiate direct withholding.  For more information, refer to the on-line Intergovernmental Reference Guide (IRG) found at http://www.acf.dhhs.gov/programs/cse/ and Appendix J Instructions for the Intergovernmental Reference Guide (IRG).

 

NOTE:  Automated income withholding will not take place on outgoing interstate cases that have an open Interstate case. 

 

 

Definitions

 

1.                   EIN (Employer Identification Number) – For purposes of adding employer information to ORSIS:  The EIN is a federal employer identification number, or, if a federal number is not available, it is the employer’s social security number (SSN).  The EIN is required when adding employer information to ORSIS and to allow the generation of a Notice to Withhold to the employer.  It is also sometimes referred to as the FEIN (Federal Employer Identification Number).

 

2.                   Two-state Action – For purposes of working interstate cases:  An intergovernmental transmittal has been sent to the NCP’s state with a request to work the case.

 

3.                   X – Number (Temporary EIN) – For purposes of adding employer information to ORSIS:  The X number is a temporary number only used by the Central Registry Unit (CRU) when the EIN cannot be obtained.

 

 

Non-custodial Parent Not Residing in Utah, Employed in Utah

 

If the NCP and child(ren) live in another state and the NCP works in Utah, or the NCP’s payor is in Utah, the NCP’s state should send the NTW directly to the Utah employer.  If direct withholding to the Utah employer is not successful, the other state may ask Utah for assistance.  If the NCP terminates employment after income withholding is implemented, notify the other state of the termination and provide the name and address of the new employer or payor of income, if known.  If the new employer or payor of income is in Utah, ORSIS will automatically send a new Withholding Notice within two days of identifying the payor and address.

 

 

Redirect Payments

 

In accordance with U.C.A. 78B-14-319(1) and (2), if none of the individual parties or child(ren) resides in the controlling order state, a support enforcement agency may request that support payments be redirected to the support enforcement agency where the custodial parent (CP) is currently receiving services.  U.C.A. 78B-14-319 Receipt and disbursement of payments states:

“(1) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the Office of Recovery Services or a tribunal of this state shall:

(a) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(b) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.”


U.C.A. 78B-14-319(3) states:

 “The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Subsection (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.”

 

If/when you receive a request from another state for a certified statement of all payments received based on a Utah order, request and send the QMF Case Payment History if payments were made to CSS prior to September 1995, to the requesting party.  For more information on these reports, refer to subsection Certified Payment History below.

 

U.C.A. 78B-14-307(5) Duties of support enforcement agency states:

 “A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirects payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 78B-14-319.”

 

 

Certified Payment History

 

There are two types of payment histories that may be sent to the requesting party when you respond to a request for a certified statement of all payments received based on a Utah order.  There is the Pre-ORSIS Case Payment History and the QMF Case Payment History.  To determine if you need to send one or both reports, refer to the sections below.

 

1.                   Pre-ORSIS Case Payment History – Use this form to report all payments received by CSS prior to September 1, 1995.  You must manually complete this Microsoft Excel form.  If the payment history contains federal tax intercept amounts, and if you choose to keep the payment record for the case record so it does not need to be recreated later, you must safeguard the federal tax information. 

 

2.                   QMF Case Payment History – Create this form to report all payments made to CSS since ORSIS. 

 

NOTE:  Each payment history option contains a notary block certification that must be completed before mailing the forms to the requesting party.

 

 

No Direct Withholding

 

Do not send an NTW for current support and arrears when:

 

1.                   The NCP’s arrearage is in dispute.  In this instance send the NTW for current support only until it is clear that past-due support is owed;

 

2.                   There are multiple overlapping support orders and a formal determination of controlling order has not been made. 

 

3.                   There is an open active intergovernmental case with another state.  Federal regulations, 45 CFR 303.7(c)(12) states:

“Instruct the responding agency to close its interstate case and to stop any withholding order or notice the responding agency has sent to an employer before the initiating State transmits a withholding order or notice, with respect to the same case, to the same or another employer unless the two states reach an alternative agreement on how to proceed; ...  (Emphasis added.)

 

4.                   The NCP has multiple family obligations from more than one state and another state already has a Notice to Withhold in place; and/or,

 

5.                   The statute of limitations for enforcing child support has expired. 

 

If direct income withholding is not appropriate for any of the reasons above, or if you need the NCP’s work state to assist with income withholding, initiate a two-state action by sending an interstate referral to the CRU in the NCP’s work state, and request income withholding. 

 

 

Alternatives to Direct Income Withholding

 

If direct withholding is inappropriate or ineffective, attempt one of the methods below as a means to initiate income withholding in another state.

 

1.                   Send an interstate request for income withholding only to the responding state to ask the other state to do the withholding.

 

2.                   Register the “Manual Notice to Withhold Income for Child Support” in the responding state.

 

NOTE:  Do not request registration and initiate direct income withholding at the same time.