UIFSA

CS 157P Enforcement – Registration of a Support Order

10/96 Revised 01/17/18 Training Completed 01/31/18

U.C.A. 78B-5-302, 78B-14-206, 208, 304, 305, 315, 507, 601, 602, 603, 605, 606, 607, 608

 

 

Statutory Authority

 

The Office of Recovery Services/Child Support Services (ORS/CSS) may serve as both an initiating and responding state for purposes of enforcing a support order in accordance with Utah Code Annotated (U.C.A.) 78B-14-206 Continuing jurisdiction to enforce child-support order, which states:

 “(1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(a) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(b) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.

(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.”

 

U.C.A. 78B-14-507 Administrative enforcement of orders states:

“(1) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state, or seeking to enforce a foreign support order, may send the documents required for registering the order to a support enforcement agency of this state.

(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.”

 

The responding state may first use any and all administrative procedure(s) authorized by its state law to enforce the support order or income withholding order or both and may continue with administrative enforcement as long as the non-custodial parent (NCP) does not contest the proceedings.  If/when the NCP contests the validity of the order or the use of the administrative enforcement/procedures, the state must register the child support order with the appropriate court before proceeding with any further enforcement actions.  Once an order is registered in the State of Utah in accordance with U.C.A. 78B -14-603 (see below), it becomes enforceable in the same manner and subject to the same procedures as if the order was issued in this state:

 “(1) A support order or income-withholding order issued in another state, or a foreign support order, is registered when the order is filed in the registering tribunal of this state.

(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.”

 

 

Definitions

 

1.                   Comity – As defined by Cornell University Law School, Legal Information Institute:  “The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts. The underlying notion is that different jurisdictions will reciprocate each other’s judgments out of deference, mutuality, and respect

 

2.                   Foreign Judgment – As defined by U.C.A. 78B-5-302(1): 

“. . . any judgment, decree, or order of a court of the United States or of any other court whose acts are entitled to full faith and credit in this state.”

  

Registering an Order from Another State in Utah (Incoming Intergovernmental Case)

 

Pursuant to U.C.A. 78B-14-601 Registration of order for enforcement:

 “A support order or income-withholding order issued in another state, or a foreign support order, may be registered in this state for enforcement.”

 

Once a support order issued by another state is registered in Utah, it is treated as if the order was issued by this state in accordance with U.C.A. 78B-5-302(2 & 3) and U.C.A. 78B-14-208.

 

U.C.A. 78B-5-302 states:

 “(2) A copy of a foreign judgment authenticated in accordance with an appropriate act of Congress or an appropriate act of Utah may be filed with the clerk of any district court in Utah. The clerk of the district court shall treat the foreign judgment in all respects as a judgment of a district court of Utah.

(3) A foreign judgment filed under this part has the same effect and is subject to the same procedures, defenses, enforcement, satisfaction, and proceedings for reopening, vacating, setting aside, or staying as a judgment of a district court of this state

 

U.C.A. 78B-14-208 states:

 “In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state

 

 

Procedures – Sending an Order to Another State to Register for Enforcement (Intergovernmental Team)

 

Before an order can be registered in another state for enforcement only, the initiating tribunal must identify the controlling order, if appropriate.  To register an order for enforcement, send the documents below to the other (responding) state:

 

1.                   Child Support Enforcement Transmittal #1 – Initial Request.  If the controlling order was:

a.                   Issued by the state you are requesting enforcement from, send a Child Support Enforcement Transmittal #1 – Initial Request to the issuing/responding state and request that they enforce their own order.  According to UCA 78B-14-304(1), you must forward the petition and all accompanying document to the appropriate Central Registry Unit for the State IV-D office.  

“78B-14-304 Duties of initiating tribunal.

 (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(a) to the responding tribunal or appropriate support enforcement agency in the responding state; or

(b) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.”

b.                  If the controlling order was not issued by the state you are requesting enforcement from, ask the state to register the order for purposes of enforcement only.

 

NOTE:  By registering the order for enforcement only, you prohibit the other state from modifying the controlling order unnecessarily, allowing the controlling order to remain the issuing tribunal’s order.

 

2.                   Uniform Support Petition, if applicable.  

 

3.                   Letter of Transmittal Requesting Registration.  This is a sworn statement by the party seeking registration, which includes a certified statement by the custodian of the records showing the amount of the arrears.

 

4.                   Child Support Agency Confidential Information Form.  This form must be completed and submitted along with the Child Support Enforcement Transmittal #1 – Initial Request and the Letter of Transmittal Requesting Registration.  It stores all of the Personally Identifiable Information (PII) for the case participants that will be required by a responding agency in order to open and initiate action on a IV-D intergovernmental child support case.

 

5.                   QIPI – Personal Information Form for UIFSA § 311.  This form must be completed and submitted along with the Uniform Support Petition and the General Testimony.  It contains all of the PII that is to be filed with a tribunal

 

6.                   Controlling Order.  If there are multiple orders, determine the controlling order.  Send two copies, including one certified copy, of each order being registered for enforcement.

 

7.                   Make a copy of the portions of the interstate packet identified in the Forward File Indices and send it to the Central Imaging Unit (CIU) to be imaged.   

6.            Send the original interstate packet to the responding state’s Central Registry Unit (CRU).

 

 

Procedures – Responding State Responsibilities (Post Order Team)

 

When you receive a request for registration and enforcement of an out-of-state support order, incoming interstate case, take the steps listed below.

 

1.                   Review the registration/enforcement packet on content manager to ensure that it includes one certified copy of all of the order(s) to be registered, all of the required forms, and a statement of arrearages.  If any of these documents are missing or incomplete, immediately ask the other state to supply the necessary documents, using CSENet if possible.  Continue to work the case to the fullest extent possible. 

2.            Review the support order and, if appropriate:

a.                   Determine the controlling order and any arrears owed on the case; and,

b.                  Convert the foreign support amount to the equivalent U.S. dollars in accordance with U.C.A. 78B-14-305(6), which states: 

“If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported

 

3.                   Proceed with administrative enforcement.  If the NCP contests, proceed with the appropriate steps listed below, depending on what the NCP contests.

 

NOTE:   The NCP does not need to contest in writing and you do not need to grant an administrative hearing.

a.                   NCP contests the validity of the order.  Determine if an administrative enforcement action has already been initiated.

i.                     No enforcement initiated.  If no administrative enforcement has been initiated:

A.                  Do not initiate any administrative enforcement action;

I.                    Obtain original intergovernmental referral/petition by contacting the Central Registry Unit (CRU) (for cases opened after February 22, 2007):

II.                  Review the referral/petition to see if there is a certified copy of the order.  If not request a certified copy of the order from the other state or the appropriate court issuing the order.  Include the appropriate return envelope for your office (yellow envelope or office self-addressed) to avoid having the certified copy imaged.

 

NOTE:  A separate Registration Statement form is required for each order that the initiating state is requesting registration.

III.                Make three copies of the original interstate referral/petition packet; and,

B.                  Send a referral packet to the Attorney General’s Office (AGO) for registration of the order.  The referral packet to the AGO must include:

I.                    One certified copy of the order to be registered, include any modification of the order;

II.                  One original intergovernmental referral; and,

III.                Two copies of the interstate referral requesting registration of the order.

NOTE:  If the AGO determines that the original intergovernmental referral will not be sent to the courts (i.e., the AGO determines that registration of the order is not appropriate) the original intergovernmental referral should  be returned to Team 38 to be filed for possible future use.

 

The AGO is responsible for registration in accordance with U.C.A. 78B-14-602 and judicial enforcement of the order.

 

U.C.A. 78B-14-602 Procedure to register order for enforcement, states:

 “(1) Except as otherwise provided in Section 78B-14-706, a support order or income-withholding order of another state, or a foreign support order, may be registered in this state by sending the following records to the appropriate tribunal in this state:

(a) a letter of transmittal to the tribunal requesting registration and enforcement;

(b) two copies, including one certified copy, of the order to be registered, including any modification of the order;

(c) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(d) the name of the obligor and, if known:

(i) the obligor's address and Social Security number;

(ii) the name and address of the obligor's employer and any other source of income of the obligor; and

(iii) a description and the location of property of the obligor in this state not exempt from execution; and

(e) except as otherwise provided in Section 78B-14-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state, or a foreign support order, together with one copy of the documents and information, regardless of their form. (3) A petition or comparable pleading seeking a remedy that shall be affirmatively sought under law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.

(4) If two or more orders are in effect, the person requesting registration shall:

(a) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(b) specify the order alleged to be the controlling order, if any; and

(c) specify the amount of consolidated arrears, if any. (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination


During the registration process, the parties are:

(a)                Given notice of the registration in accordance with U.C.A. 78B-14-605, which states:

 “(1) When a support order or income-withholding order issued in another state, or a foreign support order, is registered, the registering tribunal of this state shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (2) A notice shall inform the nonregistering party:

(a) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state; (b) that a hearing to contest the validity or enforcement of the registered order shall be requested within 20 days after notice, unless the registered order is under Section 78B-14-707;

(c) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(d) of the amount of any alleged arrearages.

(3) If the registering party asserts that two or more orders are in effect, a notice shall also:

(a) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(b) notify the nonregistering party of the right to a determination of which is the controlling order;

(c) state that the procedures provided in Subsection (2) apply to the determination of which is the controlling order; and

(d) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(4) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases.”; and,

(b)               An opportunity to contest the validity and/or enforcement of the order in accordance with U.C.A. 78B-14-606, which states:

“(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 78B-14-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 78B-14-607.

 (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.”

(c)                The parties may contest the registration based upon the criteria found in U.C.A. 78B-14-607, which states:

 “(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (a) the issuing tribunal lacked personal jurisdiction over the contesting party; (b) the order was obtained by fraud;

(c) the order has been vacated, suspended, or modified by a later order;

(d) the issuing tribunal has stayed the order pending appeal;

(e) there is a defense under the law of this state to the remedy sought;

(f) full or partial payment has been made;

(g) the statute of limitation under Section 78B-14-604 precludes enforcement of some or all of the alleged arrearages; or

(h) the alleged controlling order is not the controlling order.

(2) If a party presents evidence establishing a full or partial defense under Subsection (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

(3) If the contesting party does not establish a defense under Subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.”

(d)               Non-parentage may not be brought up as a defense per U.C.A. 78B-14-315, which states:

“A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.”

(e)               Once the order is confirmed and the arrears amount receives a final validation, the parties cannot contest the order with respect to any matter that could have been heard at the time of registration.  Refer to U.C.A. 78B-14-608 Confirmed order, which states:

 “Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration

 

C.                  Once the order is registered, immediately proceed with any available enforcement remedy on the case, in the same manner as if the order had been issued by the State of Utah.

NOTE:  The courts may make a finding that only the uncontested portion of the registered order may be enforced.  If this occurs, use all enforcement remedies available to enforce only that part of the order.

ii.                   Enforcement initiated – If administrative enforcement has begun (e.g., a lien-levy action with a financial institution has been initiated):

A.                  Continue the enforcement action;

B.                  Put a hold on any funds that have been received as a result of the administrative enforcement action; and,

C.                  Obtain the original interstate referral/petition by contacting the Central Registry Unit (CRU) (for cases opened after February 22, 2007):

(1)                Review the referral/petition to see if there is a certified copy of the order(s).  If not, request a certified copy of the order(s) from the other state or the appropriate court issuing the order. 

(2)                Make two copies of the original interstate referral/petition packet; and, 

D.                  Send the referral packet including the two copies of the referral/petition to the AGO for registration of the order; and,

E.                   Do not release the hold or initiate any further enforcement on the case until after the order has been registered. 

b.                  If the NCP is contesting the use of the administrative process, send the referral packet to the AGO for registration of the order.  Continue to collect current support and the entire past-due support debt during the registration process unless CSS is ordered to stop by the courts. 

c.                   If the NCP is contesting part of the past-due support debt, continue to collect support and the part of the past-due support debt that is not contested.  Review the NCP’s issues regarding the remaining debt and make adjustments as appropriate and/or begin collection on the entire debt.

d.                  If the NCP is contesting all of the past-due support debt, continue collecting current support but stop the enforcement action on the past-due support.