CS 702 Special Circumstances, Non-custodial Parent Receiving Cash Assistance
04/01/88 Revised 11/07/16 Training Completed 07/19/13
Utah law at
UCA 35A-3-112 states: “Public assistance
provided under this chapter is not assignable, at law or in equity, and none of
the money paid or payable under this chapter is subject to execution, levy,
attachment, garnishment, or other legal process, or to the operation of any
bankruptcy or insolvency law.”
If there is a court or administrative order for current support and the non-custodial parent (NCP) is receiving cash assistance from the State of Utah, or from another state’s public assistance program, the current support amount will accrue while the NCP is receiving the assistance. Do not enforce the support order while the NCP is receiving cash assistance. Any payments made by the NCP must be voluntary. However, Federal and State tax refunds may be intercepted to apply to arrearages, if appropriate.
If the order contains a provision for automatic adjustment of the award when the NCP is no longer receiving cash assistance, it will be necessary to appropriately monitor the case and change the current support debt on ORSIS.
The procedures regarding modifications of court orders or administrative orders apply to NCPs who are receiving state cash assistance.