ESTABLISH ORDER

CS 357 Adding an Additional Child to an Existing Order

06/99 Revised 11/04/16 Training Completed 11/18/16

U.C.A 63G-4-201

 

 

Introduction

 

When you need to add another child to an existing support order that does not address all of the children born to the parties of the order (for example, a couple that is still legally married have another child or the parties to a paternity order have another child out of wedlock), refer to the procedures below depending upon the type of order that currently exists. 

 

 

Adding an Additional Child to an Existing Case – Procedures

 

When you need to add another child to an existing case, complete the steps listed below:

 

1.                   If there is an existing obligation on the case, add the appropriate sub-function to the correct ORSIS screen.  ORSIS automatically assigns the case to the correct pre-order agent.

2.                   The assigned pre-order agent is responsible to complete the following steps:

a.                   Add the additional child to ORSIS on the existing ORSIS case.  A separate case does not need to be opened to establish an order for the additional child. 

i.                     No Support Order – If there is not an existing support order for the child that was just added to the case, you may begin the process to establish an administrative order for the child by preparing a Notice of Agency Action.

ii.                   Existing Support Order – If there is an existing support order for the child that was just added to the case, refer to CS 104P Opening a Support Follows the Child Case, Overview and CS 1104P Enforcing an Existing Order on a CIC Case.

 

NOTE:  If there is an obligation due to an existing order, the enforcement agent may continue to enforce the order. 

 

 

Existing Administrative Order and Paternity IS an Issue

 

When you need to add another child to an existing administrative order and paternity needs to be established for that child, complete the steps listed below:

 

1.                   Add the additional child to ORSIS on the existing ORSIS case.  Do not open a separate case to establish an order for the additional child unless there are multiple consorts for that child. 

 

The pre-order team will complete the steps listed below:

 

2.                   If appropriate, calculate the arrears that are owed for the new child by subtracting the new amount from the old amount.  Use this amount for determining the arrears for the new child.

a.                   Child support increases from what was previously ordered.  If the new worksheet amount increases from what was previously ordered, calculate the arrears for the new child.  For example, if the current support award is $625.00 per month for two children and the new amount will be $708.00 per month for three children, calculate the arrears for the new child at $83.00 per month ($708.00 - $625.00 = $83.00).

b.                  Child support decreases from what was previously ordered.  If the new worksheet amount decreases from what was previously ordered, there will be no arrears owing for the new child and the new support amount will start the month the order is signed by the Presiding Officer.  For example, if the current support award is $625.00 per month for two children and the new amount will be $575.00 per month for three children, the new amount for all three children will begin the month the order is signed and not include any arrears for the new child.

 

3.                   Begin the process to establish paternity and a new administrative order.  Obtain a new order for current support for all of the children and a sum-certain judgment amount for the new child.  Only include in the order arrears for the new child as of the date the alleged father was served the Notice of Agency Action:  Paternity and Child Support form.  Do not put the arrears for the other children under judgment.

 

4.                   Once the consolidated paternity/support order is complete, add the paternity establishment method to ORSIS.

 

5.                   Issue an administrative paternity order.

 

NOTE:  Even though the order with the additional child is a modification to establish, there will be no modification language in the new order.

 

6.                   Prepare the administrative order packet for imaging and docketing.  Documents that need to be imaged and should be sent in the order packet include:

a.                   The administrative paternity order;

b.                  The mailing certificate;

c.                   The appropriate Utah guidelines worksheet associated with the final order;

d.                  The Worksheet Income Verification Affidavit; and,

e.                  If appropriate, the Affidavit of Military Service.

 

7.                   Forward the packet to be imaged as Docketing.

 

8.                   Central Docketing Unit (CDU) will review and approve the imaged administrative order packet per CS 381P Registration of Administrative Orders with the State Case Registry and Docketing of Administrative Orders.

a.                   After docketing approves the imaged order packet, it will be attributed to the “ORS Docketed” Item Type in the Content Manager case file.

b.                  If an order is not approved by CDU, an email will be sent to the Presiding Officer with the Docketing Checklist for Administrative Orders form and the order will be deleted.

 

NOTE:  The approved order will be available in Content Manager within one business day.

 

9.                   After the order has been approved by CDU and attributed into the Content Manager case file, send a copy of the administrative order to both parents (and the other state on an interstate case). This must be completed within 14 days of the order being issued.

 

10.               Add the new order to the existing case on ORSIS and update the current support amount.

 

 

Existing Administrative Order and Paternity is NOT an Issue

 

When you need to add another child to an existing administrative order and paternity is not an issue, complete the steps listed below.

 

The assigned function worker will complete the steps listed below.

 

1.                   Add the additional child to ORSIS on the existing ORSIS case.  Do not open a separate case to establish an order for the additional child. 

 

2.                   Add the appropriate sub-function to ORSIS.  ORSIS will automatically assign the correct pre-order team and agent located in the same office as the post-order case.

 

The pre-order team will complete the steps listed below:

 

3.                   Prepare a new worksheet using current income that includes all of the children belonging to the CP and NCP to be included in the consolidated order.

 

NOTE:  If you are adding a child to an existing order, treat it as a modification to establish and use the current guidelines on the child support calculator.

 

4.                   If appropriate, arrears will be owed from the date of application on a Non-IV-A case or date of referral on a IV-A case, or the date paternity was determined on the child, whichever occurred later.

a.                   Child support increases from what was previously ordered.  If the new worksheet amount increases from what was previously ordered, calculate the arrears that are owed for the new child by subtracting the new amount from the old amount.  Use this amount for determining the arrears for the new child.  For example, if the current support award is $625.00 per month for two children and the new amount will be $708.00 per month for three children, calculate the arrears for the new child at $83.00 per month ($708.00-$625.00 = $83.00).

b.                  Child support decreases from what was previously ordered.  If the new worksheet amount decreases from what was previously ordered, there will be no arrears owing for the new child and the new support amount will start the month the order is signed.  For example, if the current support award is $625.00 per month for two children and the new amount will be $575.00 per month for three children, the new amount for all three children will begin the month the order is signed and not include any arrears for the new child.

 

5.                   Begin the process to establish a new administrative order for all of the children by preparing and serving the obligor with a Notice of Agency Action:  Child Support form.  Obtain a new order for current support for all of the children and a sum-certain judgment amount for the new child.  Do not put the arrears for the other children under judgment. 

 

6.                   Issue an administrative consolidated support order.

 

NOTE:  Even though the order with the additional child is a modification to establish, there will be no modification language in the new order.

 

7.                   Prepare the administrative order packet for imaging and docketing.  Attach any documents and a copy of the ORS Imaging Header Sheet with a black clip.  Documents that need to be imaged and should be sent in the order packet include:

a.                   The administrative order;

b.                  The mailing certificate;

c.                   The appropriate Utah guidelines worksheet associated with the final order;

d.                  The Worksheet Income Verification Affidavit form; and,

e.                  If appropriate, the Affidavit of Military Service form.

 

NOTE:  The order packet must be organized in this manner for imaging purposes.  Out of sequence forms may not be recognized or may be assigned incorrect attributes.

 

8.                   Forward the packet to be imaged as Docketing.

 

9.                   Central Docketing Unit (CDU) will review and approve the imaged administrative order packet.

a.                   After docketing approves the imaged order packet, it will be attributed to the Content Manager case file.

b.                  If an order is not approved by CDU, an email will be sent to the Presiding Officer with the Docketing Checklist for Administrative Orders form and the order will be deleted.

 

NOTE:  The approved order will be available in Content Manager within one business day.

 

10.               After the order has been approved by CDU and attributed into the Content Manager case file, send a copy of the administrative order to both parents (and the other state on an interstate case).  This must be completed within 14 days of the order being issued.

 

11.               Add the new order to the existing case on ORSIS and update the current support amount.  

 

12.               Remove the sub-function from ORSIS.

 

 

Existing Judicial Order

 

If there is an existing judicial order, such as a divorce decree, and you need to add another child to the order, you must refer the case to the Attorney General’s Office (AGO) to proceed judicially.  The action your AG takes will differ depending upon whether paternity needs to also be established.

 

Paternity cases:  On paternity cases the AG’s office will first establish paternity by taking a separate judicial action, obtain a consolidation order of the paternity order and the existing order, and then modify the consolidation order to include child support for both children.  The result will be one order for all the children born of the same parents.  This can be a lengthy process that will involve more than one pleading.  However, the process is technically more correct than doing a simple modification of the original order.

 

Some courts allow a modification of the order instead of going through the process mentioned above.  However, in the modification process arrears for the additional child may be lost.  Consult with your manager and AG to determine which method should be used.  Items to consider in the decision include the amount of the monthly award, the number of months that may be lost, and the practices of the local court.  Also consult with your AG about the possibility of obtaining a temporary child support order at the time paternity is established.

 

NOTE:  Do not request the AG’s to take a separate stand-alone order to establish paternity and child support for the additional child.

 

Non-paternity Cases:  On non-paternity cases the AG’s office will make a motion to set aside the divorce decree and enter a new order to include the additional child.

 

The pre-order team will complete the steps listed below.

 

1.                   Prepare a new worksheet that includes all of the children belonging to the CP and NCP to be included in the consolidated order.

 

2.                   Calculate the arrears that are owed for the new child by subtracting the new amount from the old amount.  Use this amount for each month you are charging arrears for the new child. 

a.                   Non-paternity cases:  Arrears will be owed from the date of application on a Non-IVA case or date of application on a IV-A case, or the date paternity was determined on the child, whichever occurred later. 

b.                  Paternity cases:  Consult with the AGO to determine the arrears time period to be pursued.

 

3.                   Refer the case to the AGO to have a new, consolidated order established.

 

4.                   Add the new order to the existing case on ORSIS and update the current support amount.