INCOME WITHHOLDING

CS 720P-3 Spousal Support and Medical Support

11/85 Revised 07/16/08 Training Completed 06/02/08

42 USC 453a(g)(1) and 454a(g)(A)(i); 45 CFR 303.100; UCA 62A-11-401 to 414 and 502, and Rule 64D(d)(ii); R527-300.

 

When determining a delinquency, consider all current support (child support, spousal, medical) due that is being charged.

 

Income Withholding and Spousal Support

 

The definition of child support in Utahs income withholding statute includes court-ordered spousal support. The Office of Recovery Services/Child Support Services (ORS/CSS) is responsible to pursue court ordered spousal support, current or arrears, provided the custodial parent (CP) is residing with the non-custodial parent's (NCPs) children and CSS is enforcing child support.

 

Once the child(ren) emancipates and there are no child support arrears owed, CSS may no longer collect spousal support pursuant to federal and state laws, 45 C.F.R.302.31, Utah Code Annotated 62A-11-303 and 401. However, if the child still resides in the home with the CP, CSS will continue to collect the spousal support until there is a change in circumstances; e.g., child is not in the home, or the NCP changes employers and a new income withholding order must be sent to the new employer.

 

EXCEPTION: If the NCP requests that CSS continue to collect spousal support despite the change in circumstances, ask the NCP to provide the office with a request in writing. The letter must be signed and notarized.

 

Income Withholding and Medical Support

 

The definition of child support also includes medical support, if it is court ordered as a specific monthly dollar amount. CSS is responsible to pursue court-ordered medical support (current and/or arrears) through income withholding if:

 

1.               the parent is a Non-IV-A applicant and CSS is providing both medical and child support services;

 

2.               the CP is a Medicaid recipient; or

 

3.               the CP is receiving continuing child support services.

 

Income withholding should also be used to collect medical expenses that have been reduced to a sum-certain judgment.