OUTGOING INTERGOVERNMENTAL

CS 221 In-State Remedies on Out-of-State Cases

04/87 Revised 01/0311 Training Completed 01/18/11

45 CFR 303.7(b)(1)

                                                                                 

When a non-custodial parent (NCP) lives outside the state of Utah, you must use all appropriate in-state remedies available to you before referring the case to another state.

 

Once you determine that a “two-state” intergovernmental referral is necessary, you must initiate it within 20 calendar days and send it to the responding agency along with any other information or documentation necessary to process the case pursuant to 45 CFR 303.7(c)(4).

 

“Within 20 calendar days of completing the actions required in paragraphs (1) through (3) and, if appropriate, receipt of any necessary information needed to process the case:

(i)  Ask the appropriate intrastate tribunal, or refer the case to the appropriate responding State IV-D agency, for a determination of the controlling order and a reconciliation of arrearages if such determination is necessary; and

  (ii)  Refer any intergovernmental IV-D case to the appropriate State Central Registry, Tribal IV-D program, or Central Authority of a country for action, if one-state remedies are not appropriate.”

 

In-State Remedies

 

1.                  “Initial Support Letter”:  This letter is automatically generated by ORSIS to all NCPs on new or reinstated cases when the total arrears balance of all of the NCP’s case(s) does not meet the auto enforcement criteria. The letter notifies the NCP of important information, which includes enforcement actions that may occur if an arrearage accumulates.  

 

2.                  Long-Arm Statute:  Utah's long-arm statute gives Utah jurisdiction over an out-of-state NCP in some situations.  Always utilize long-arm remedies whenever possible, before requesting an interstate referral to another state.

 

3.                  Income Withholding:  If the NCP works for an employer in another state and meets the requirements for income withholding, send a “Notice to Withhold Income for Child Support” directly to the employer or payor of income. 

 

4.                  Criminal nonsupport:  When administrative and/or civil enforcement has been attempted and the out-of-state NCP still fails to pay support as ordered, review the case with your team manager and attorney to determine if it is appropriate to refer the case to the Attorney General's Office to file state or federal criminal nonsupport charges.