CS 700 Overview, Payment Methods, Forms and Appendices
11/85 Revised 05/17/16 Training Completed 05/28/16
UCA 78B-12-112 states:
“(1) All monthly payments of child support
shall be due on the 1st day of each month for purposes of child support
services pursuant to Title 62A, Chapter 11, Part 3, income withholding services
pursuant to Part 4, and income withholding procedures pursuant to Part 5.
(2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, child support is not considered past due until the 1st day of the following month. For purposes other than those specified in Subsection (1) support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.
(3) Each payment or installment of child or spousal support under any child support order, as defined by Section 78B-12-102, is, on and after the date it is due:
(a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (4);
(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and
(c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (4).”
When a non-custodial parent (NCP) does not pay the ordered amount by the end of the month, the Office of Recovery Services/ Child Support Services (ORS/CSS) considers the case delinquent as of the first day of the following month, even if the support order requires payment to be made during the month (e.g., on the 5th and the 20th of each month). Once delinquent, CSS may commence enforcement action to collect the past-due amount.
In addition, CSS may periodically review the NCP’s ability to pay off the past-due amount. Past-due child support payable to CSS is not an installment debt. It should be paid in full as soon as possible, regardless of the reason for the delinquency, to minimize further injustice to those who were supposed to receive it on time under the terms of the support order.
UCA 62A-11-320 states: “The office may set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the non-custodial parent; or demand payment in full.” It continues: “Within 15 days of receiving notice, a non-custodial parent may contest a payment schedule... by filing a written request for an adjudicative proceeding.”
To facilitate payment of past-due support, CSS utilizes several different payment methods that are listed below in order of priority.
1. Payment in full at 100% of the amount owing.
2. Payment in full at a discounted lump sum settlement.
3. Up to 100% of the current support obligation when collecting current support and arrears.
4. Up to 200% of the current support obligation when collecting arrears only.
5. Computed assessment amount.
To determine which method of payment is appropriate on a case, consider the NCP’s resources, assets, income, and ability to borrow. Obtain a credit report on the NCP to learn about his/her ability to pay the debt in full. Always use the payment method that will result in payment or satisfaction of the debt at the earliest possible date.
Forms of Payment Accepted
If the NCP asks you which forms of payment CSS will accept, inform the NCP that CSS will accept cash, credit card, debit card with a Visa or MasterCard logo, electronic check, personal check, certified funds, money orders or funds wired through Western Union. CSS will place a hold on a payment for an amount over $2500.00 if the funds are not certified i.e., a certified check from a financial institution, cash, credit card. Money orders are not considered to be “certified” because the purchaser can cancel them. An advance on a debit card is also not considered to be certified funds.
An NCP may make a payment by debit card, credit card or electronic check using the ACCESS phone system. The NCP will need to know his/her ACCESS PIN (Personal Identification Number) in order to reach the menus to make a payment. A $2.00 convenience fee is assessed from the NCP and added to the payment amount for this service.
An NCP may make a payment by debit or credit card by contacting the ORS Employer/Agency Customer Service Unit (EACSU) at 536-8333. This number may be given directly to NCPs. Do not take credit card information over the phone from an NCP or third party; only the ORS EACSU is authorized to obtain this information. Refer the NCP or third party to the ORS EACSU where the necessary information will be obtained. For this service, a $6.00 convenience fee is assessed from the NCP and added to the payment amount. This charge is in addition to any additional charges the participant’s credit card company may charge.
An NCP may make a payment by accessing the ORS Interactive Case Access System (ICA) Website located on the ORS Webpage (www.ors.utah.gov). Payments can be made using a Visa, MasterCard, American Express or Discover Card credit card, debit card with a Visa or MasterCard logo, or by electronic check using checking or savings account information. When the NCP makes a payment using the Online Payment (OLP) Web Application, a $2.00 convenience fee is assessed from the NCP and added to the payment amount. This charge is in addition to any additional charges the participant’s credit card company may charge.
Instructions for a participant to create a user ID and password for the ICA are linked on the ORS Webpage. An e-mail address is required to register. Once an NCP has logged into the ICA, payments can be made through the OLP. The online payment instructions can be accessed through the website.
Automatic Payment Withdrawal
An NCP may make monthly payments via Automatic Payment Withdrawal (APW). If the NCP is eligible to participate in APW, s/he may enroll in the monthly APW in lieu of income withholding. APW registration is accessed through the Interactive Case Access (ICA).