CS 700P-4 Reassessment of Arrears Payment Procedures
11/85 Revised 1/23/07
U.C.A. 62A-11-320 states:
“(1) The office may:
(a) set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or
(b) demand payment in full.
(2) If a support debt is reduced to a schedule of payments and made subject to income withholding, the total monthly amount of the scheduled payment, current support payment, and cost of health insurance attributable to a child for whom the obligor has been ordered may only be subject to income withholding in an amount that does not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).
(3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule as inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules under Subsection (1) by filing a written request for an adjudicative proceeding.
(b) For purposes of Subsection (3)(a), notice includes:
(i) notice sent to the obligor by the office in accordance with Section 62A-11-304.4;
(ii) participation by the obligor in the proceedings related to the establishment of the payment schedule; and
(iii) receiving a paycheck in which a reduction has been made in accordance with a payment schedule established under Subsection (1).”
Based on this statutory authority, you may review cases periodically to determine if reassessing the existing monthly arrears payment is appropriate. For example, the non-custodial parent (NCP) has changed jobs or several months have passed since the arrears payment was initially set.
“(a) Upon the entry of an order in a proceeding to establish paternity or to establish, modify, or enforce a support order, each party shall file identifying information and shall update that information as changes occur:
(i) with the court or administrative agency that conducted the proceeding; and
(ii) after October 1, 1998, with the state case registry.
(b) The identifying information required under Subsection (1)(a) shall include the person's social security number, driver's license number, residential and mailing addresses, telephone numbers, the name, address, and telephone number of employers, and any other data required by the United States Secretary of Health and Human Services.
(c) In any subsequent child support action involving the office or between the parties, state due process requirements for notice and service of process shall be satisfied as to a party upon:
(i) a sufficient showing that diligent effort has been made to ascertain the location of the party; and
(ii) delivery of notice to the most recent residential or employer address filed with the court, administrative agency, or state case registry under Subsection (1)(a).”
Once you have determined it is appropriate to reassess the monthly arrears payment on a case; complete the steps listed below.
1. Send the “Notice of Reassessment Conference” by first-class mail to the last known residential or employer address provided by the NCP to the court or to CSS. The NCP is required under UCA 62A-11-304.4 to keep CSS or the court informed of his/her current address and his/her employer’s address. This law applies to all cases with orders, regardless of when the order was established. Since the NCP is required to keep CSS informed of his/her address, notification sent to the last know address fulfills due process requirements for reassessment. If the notice is returned because of a bad address, attempt to locate a current address and resend the notice. If a current address cannot be found you may continue with step 2.
2. The notice instructs the NCP to contact you to discuss the reassessed payment or to make arrangements to pay the debt in full. Even if the NCP fails to contact you after you sent the notice, you may nullify the existing payment agreement and set a new monthly payment.
3. Obtain payment in full or set a monthly arrears payment based on the information you have gathered or obtained in the reassessment conference.
4. Write case narratives to document your actions.
The law also states: “Within 15 days of receiving notice, an NCP may contest a payment schedule... by filing a written request for an adjudicative proceeding.”