PAYMENT METHODS

CS 701P Payment Methods on Past-due Support, Contesting Payment Schedule

10/98 Revised 05/16/07 Training Completed 05/31/07

UCA 62A-11-304.4 and 320; R527-200, R527-253

 

Statutory Authority

 

Utah Code Annotated (UCA) U62A-11-304.4(1) states:
    “(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).”

 

UCA 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).”

 

 

Notice of Payment Schedule

 

Once the Office of Recovery Services/Child Support Services (ORS/CSS) determines a non-custodial parent’s (NCP) payment schedule on past-due support, the NCP must be notified of the payment schedule.  Notice to the NCP could be:

 

1.                   A copy of the Notice to Withhold Child Support or Notice of Payment Schedule sent in accordance with UCA 62A-11-304.4 to the NCP at his/her most recent residential address;

 

2.                   The NCP’s participation in a proceedings related to the establishment of the payment schedule (e.g., personal conference with a CSS agent to determine/establish the payment method); and/or,

 

3.                   The NCP’s receipt of a paycheck in which a child support reduction has been made.

 

 

Contesting a Payment Schedule

 

The NCP may contest a payment schedule within 15 days of receiving notice by completing or filing a written request with CSS, for an administrative review or adjudicative proceeding.  The NCP may contest the payment schedule because:

 

1.                   The income withholding amount for current support (child and spousal), medical insurance, and the arrears payment is inconsistent with the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act; or,

 

2.                   The assessed arrears payment was not set or reset consistent with the CSS rule and procedures.

 

 

Administrative Review Procedures

 

The NCP may contest the payment schedule after receiving notice by requesting an “administrative review.”  An administrative review is outside the formal RAA/UAPA (Utah Administrative Act) process and gives an individual the option to try to resolve disputed issues informally with CSS.  The NCP must contact CSS within 15 days of the date of the Notice of Payment Schedule to request a non-UAPA administrative review. 

 

If an administrative review is requested, the designated Senior Agent is responsible to conduct the review to try and first resolve the issue(s) informally.  The Senior Agent must complete the review as soon as possible by taking all of the steps listed below.

 

1.                   Determine the case(s) in dispute.  If the NCP has more than one CSS case, determine the appropriate case (or cases).  All cases with an arrears balance should be included in the review.  If more than one case is involved, handle the review for each case separately.

 

2.                   Review the case actions.  During the review time period, do not stop collection actions for ongoing support, suspend income withholding, or tax certification.

 

3.                   Gather evidence.  The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence.  An example of evidence the NCP may provide is proof that we violated our own policy/rules by setting an arrears payment that was outside our own guidelines.  If necessary, contact the NCP to discuss the evidence.

 

The NCP does not need to appear in person to present or dispute evidence, but may choose to appear in the office.  If the NCP requested to appear in person on the Written Request for Review: Payment Schedule, send the Request for Review Appointment Letter.  The letter informs the NCP of the date and time of the review.  If the NCP has retained an attorney, s/he may also attend the review.

4.                   Make a determination.  Review the available facts and evidence and determine if the NCP’s claims are valid. 

 

5.                   Generate the Response to Request for Review:  Payment Schedule. 

a.                   Generate and send the form to the NCP along with the Written Request for Review: Payment Schedule, to allow the NCP the opportunity to request an adjudicative proceeding. 

 

The form gives the NCP the:

i.                     Results of the administrative review; and,

ii.                   An explaination of the NCP’s options for appeal.  The NCP may appeal the decision by making a written request for an adjudicative proceeding or by filing a court action.

b.                  Mail the documents to the NCP by first-class mail.

 

6.                   Take the appropriate follow-up action.  Depending on the outcome of the review, take the next appropriate follow-up action (e.g., update ORSIS, send any new or modified forms that may be necessary based on the determination, etc.). 

 

7.                   Write a case narrative.  Write a detailed narrative for each case reviewed.  Include the determination and all actions taken.

 

 

Adjudicative Proceeding Procedures

 

The NCP may request an adjudicative proceeding under UAPA within 15 days of receiving the Notice of Payment Schedule or within 15 days of receiving the Response to Request for Review:  Payment Schedule. 

 

The responsible agent Presiding Officer (PO) is responsible to complete the following: 

 

1.                   Review the case for appropriate collection and enforcement actions.  During the review time period, do not stop collection actions for ongoing support, suspend income withholding, or tax certification.

 

2.                   Compile the state’s evidence.  Gather the facts and evidence from the CSS case narrative and any necessary documents from Content Manager and present it to the PO.  The Quality Assurance Specialist (QA) is the PO.

 

3.                   Presiding Officer responsibilities.

a.                   Gather the NCP’s evidence.    The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days of the request for information, proceed with the review and make a determination based on the available facts and evidence.  An example of evidence includes, but is not limited to, proof that we violated our own policy/rules by setting an arrears payment that was outside our own guidelines.  If necessary, contact the NCP to discuss the evidence.  The NCP does not need to appear in person to present or dispute evidence, but may choose to appear in the office.  If the NCP requested to appear in person on the Written Request for Review:  Payment Schedule, send the Request for Review Appointment letter.  The letter informs the NCP of the date and time of the review.  If the NCP has retained an attorney, s/he may also attend the review.

b.                  Make a determination and issue a Decision and Order.

i.                     Review all of the facts and evidence presented by the agent and the requesting party, and then make a determination.

ii.                   Generate and issue the Decision and Order: Adjudicative Proceeding, Payment Schedule.  Select the options that correspond to the action being reviewed.

The Decision and Order notifies the NCP of the:

A.                  Adjudicative proceeding decision; and,

B.                  His/her options for appeal.  The NCP may request reconsideration of the Decision and Order or file a court action.  For more information on both of these options, refer to the corresponding section below.

c.                   Process the Decision and Order.

i.                     Sign and date the order.  The order allows the NCP 20 days to request reconsideration.  Include the Decision and Order Cover Letter.

ii.                   Mail by first class mail or deliver a copy of the forms to the NCP personally.

iii.                  Mail by first class mail a copy of the order and the Courtesy Copy of Administrative Order to the:

A.                  NCP’s attorney, if s/he is represented by legal counsel; and/or,

B.                  The initiating state on an incoming interstate case..

d.                  Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action; e.g., update ORSIS, send any new or modified forms that may be necessary based on the determination, etc. 

e.                  Write a case narrative.  Write a detailed narrative for each case reviewed based on the facts and evidence.  Include the determination and all actions taken.

 

A Decision and Order that has been issued by CSS is subject to reconsideration if the NCP makes a written request within 20 days after the Decision and Order was issued. Refer to the section below.

 

 

Reconsideration Procedures

 

Decision and Orders that have been issued by CSS are subject to reconsideration if a written request is made within 20 days of issuing the Decision and Order.  A reconsideration request does not have to be submitted using a specific form, but it must be in writing and state the specific grounds for which relief is sought. 

 

If you receive a request for reconsideration, forward it to the Presiding Officer responsible for the Decision and Order.  The PO is responsible for taking the steps listed below.

 

1.                   Review the case for appropriate actions.  During the review time period, continue with all collection/enforcement actions (i.e., income withholding, tax certification, etc.).

 

2.                   Grant or deny the reconsideration request. 

a.                   Deny Reconsideration:  If you deny the request for reconsideration, complete the following:

i.                     Issue the Order: Request for Reconsideration Denied – RAA/Order: RAA Reconsideration Denied.  Sign and date the order.

ii.                   Mail a copy of the forms to the NCP.  Include the Courtesy Copy of Administrative Order. 

 

NOTE:  The order provides the NCP information about his/her options for appeal.

 

If the request for reconsideration is denied (i.e., the original Decision and Order stands), resume all collection and enforcement activity as appropriate.

b.                  Grant Reconsideration:  If you grant the request for reconsideration, complete the following:

i.                     Issue the Order: Request for Reconsideration Granted – RAA/Order: RAA Reconsideration Granted.  

 

NOTE:  The form provides the NCP with his/her options for appeal.

ii.                   Review the facts and evidence of the case, as well as any new pertinent information received from the applicant/recipient. 

iii.                  Issue the Order Based on Reconsideration: Non-cooperation.  The order affirms or amends the original Decision and Order. 

 

NOTE:  A conference may be conducted to facilitate full reconsideration.

iv.                 Mail by first class mail or deliver a copy of the order personally to the NCP. 

 

NOTE:  The NCP is not required to appear in person to present the new evidence, but may choose to appear to review and dispute the evidence.

v.                   Mail by first class mail a copy of the order to the:

A.                  NCP’s attorney if s/he is represented by legal counsel; and/or,

B.                  The initiating state on an incoming interstate case.

c.                   If the request for reconsideration is granted, resume collection/enforcement activity on these cases AFTER the original order is replaced with an Order Based on Reconsideration: Obligation Based on Physical Custody Change.

d.                  Neither Grant nor Deny Reconsideration:  If the request for reconsideration is not granted or denied within 20 days, the request is considered denied and the original Decision and Order stands.

 

3.                   Take the appropriate follow-up actions.  Depending on the outcome of the review, take the next appropriate follow-up action(s).  For example, update ORSIS, send a modified Notice to Withhold Income for Child Support, etc.

 

4.                   Write a case narrative.  Document all the action(s) taken on the case(s) and the reason(s) for those actions.

 

If the NCP wants to appeal the reconsideration decision or the new order based on reconsideration, s/he may file a court action.  Reconsideration is not a prerequisite for a court action. 

 

 

Procedures Court Action Filed

 

The NCP may choose to file his/her own court action instead of, or in addition to, requesting an administrative review or an adjudicative proceeding.  The NCP must provide CSS with evidence that an action has been filed.  The evidence of the filing will generally be notice of the legal pleadings.  Once you are notified of the filing, send a referral packet to the Attorney General’s Office (AGO). 

 

Do not suspend the payment schedule unless the NCP obtains a court order that stays payment on arrears.