INCOMING INTERSTATE

CS 202P Case Processing Procedures

09/86 Revised 01/17/18 Training Completed 01/31/18

45 CFR 303.7; UCA 78B-14-305, and 307

 

 

Statutory Authority

 

Pursuant to Utah Code Annotated (U.C.A.) 78B-14-305.   Duties and powers of responding tribunal:

“(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Subsection 78B-14-301(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(2) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(a) issue or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage;

(b) order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(c) order income withholding;

(d) determine the amount of any arrearages and specify a method of payment;

(e) enforce orders by civil or criminal contempt, or both;

(f) set aside property for satisfaction of the support order;

(g) place liens and order execution on the obligor’s property;

(h) order an obligor to keep the tribunal informed of the obligor’s current residential address, telephone number, employer, address, of employment, and telephone number at the place of employment;

(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;

(j) order the obligor to seek appropriate employment by specified methods;

(k) award reasonable attorney fees and other fees and costs; and

(l) grant any other available remedy.

(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.

(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for parent-time.

(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(6) 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.”

Pursuant to U.C.A.78B-14-307.  Duties of support-enforcement agency:

“(1) A support-enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(2) A support-enforcement agency of this state that is providing services to the petitioner shall:

(a) take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

(b) request an appropriate tribunal to set a date, time, and place for a hearing;

(c) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(d) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of  notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(e) within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of  communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.

(3) A support-enforcement agency of this state that requests registration of a child-support order in this state for enforcement or for modification shall make reasonable efforts:

(a) to ensure that the order to be registered is the controlling order; or

(b) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

(4) A support-enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(5) 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.

(6) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support-enforcement agency or the attorney for the agency and the individual being assisted by the agency.”

 

The Office of Recovery Services/Child Support Services (ORS/CSS) is required to provide the same IV-D services on an incoming intergovernmental case as it does on an intrastate case. The ORS teams are responsible for working all incoming intergovernmental IV-D cases and incoming Foster Care and Youth Corrections (FC/YC) cases.  The FC/YC team is responsible for working outgoing FC/YC intergovernmental cases.

 

 

Team Responsibilities

 

1.                   New intergovernmental case referrals.

a.                   Paper referrals.  The assigned agent is notified that ORS has received a new interstate referral  and a case has been opened on ORSIS.  Copies of the interstate referral and any documentation received from the state can be found in Content Manager for the case.  If some of the interstate referral documentation is missing and the missing information has been requested, the assigned agent will be notified once the information is received and it has been imaged by the Central Imaging Unit (CIU) and placed in Content Manager for the case.  If within a reasonable time period the requested documentation is not received, it is then your responsibility to follow-up.

b.                  CSENet referrals.  The assigned agent will also receive electronic interstate referrals once the case is opened on ORSIS. 

 

If the case is missing any required or appropriate documentation needed to proceed with the case, determine if the information has been previously requested. 

i.                     Requested – If the information has been requested, follow-up and take the next appropriate action, as needed. 

ii.                   Not Requested – If the information has not been requested, contact the initiating state and request the necessary documentation.  Continue to work the case to the extent possible while waiting for the requested information.

 

2.                   Locate.  Within 75 calendar days of receipt of a new interstate referral and documentation, conduct locate services on all cases that require full locate services pursuant to 45 CR 303.7(d)(2).  For more information on locate, refer to the LOCATE sections of Volume 2. 


NOTE:  If the initiating agency requests a State Parent Locate or “quick” locate only, the 75 day timeframe is not applicable.  “Quick” locates are worked by the SPLS Unit.

 

3.                   Other services.  Provide all of the same services on an incoming intergovernmental cases as provided on intrastate cases pursuant to 45 CFR 303.7(d)(6), such as:

a.                   Establish paternity;

b.                  Establish an order for support;

c.                   Establish/enforce a medical support obligation; and/or,

d.                  Collect and enforce support orders.

 

NOTE:  Always use the administrative process first to work the case whenever possible.  Only send a referral packet to the Attorney General’s Office (AGO) if/when it’s not possible to proceed administratively on the case, or the case requires a judicial action.  

 

4.                   Payment disbursement.  Payments must be forwarded by accounting to the initiating state within 2 business days of receipt by CSS. 

 

5.                   Notice requirements.

a.                   Hearings, reviews, orders.  Pursuant to 45 CFR 303.7(d)(7):

“Provide timely notice to the initiating agency in advance of any  hearing before a tribunal that may result in establishment or adjustment of an order.” 

A copy of any new order must be provided to the initiating state.

b.                  New information.  Notify the initiating agency within 10 working days of receipt of new information concerning a new order, a new payment plan; e.g., a change/adjustment in debt(s) - new information known only to Utah, an upcoming scheduled hearing, and in a post order case a change of address for the NCP (the other state may need the address to notify the NCP of Federal Tax Intercept).

i.                     Non CSENet State – Send the new information to the initiating agency by using the Interstate:  Progress Report form or the Child Support Transmittal #2 – Subsequent Actions form.

ii.                   CSENet State - Send the new information to the initiating agency electronically using CSENet.  If appropriate, mail hard copies of the information to the initiating agency.

 

6.                   Costs and fees.  ORS must pay the costs incurred in working incoming intergovernmental cases, e.g. attorney fees, constable costs, paternity costs.

 

7.                  Case closure.  Use the same closure criteria for incoming intergovernmental cases as for intrastate cases.  Do not send the 60-day closure notice to custodial parents (CP) on incoming intergovernmental cases.