INCOME WITHHOLDING

CS 723P Good Cause Finding or Written Agreement

01/91 Revised 11/03

45 CFR 303.100; UCA 62A-11-404 and 502 

 

Statutory Authority

 

Utah law found at UCA 62A-11-404 and 502 states:
    “(1) With regard to obligees or obligors who are receiving IV-D services, each child support order issued or modified on or after October 13, 1990, subjects the income of an obligor to immediate income withholding as of the effective date of the order, regardless of whether a delinquency occurs unless:
     (a) the court or administrative body that entered the order finds that one of the parties has demonstrated good cause not to require immediate income withholding; or
     (b) a written agreement that provides an alternative arrangement is executed by the obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and reviewed and entered in the record by the court or administrative body.
     (2) For purposes of this section:
     (a) "good cause" shall be based on, at a minimum:
     (i) a determination and explanation on the record by the court or administrative body that implementation of income withholding would not be in the best interest of the child; and
     (ii) proof of timely payment of any previously ordered support;
     (b) in determining "good cause," the court or administrative body may, in addition to any other requirement that it determines appropriate, consider whether the obligor has:
     (i) obtained a bond, deposited money in trust for the benefit of the dependent children, or otherwise made arrangements sufficient to guarantee child support payments for at least two months; and
     (ii) arranged to deposit all child support payments into a checking account belonging to the obligee or made arrangements insuring that a reliable and independent record of the date and place of child support payments will be maintained.”

 

A determination of "good cause" or a written agreement that immediate income withholding will not be required may only be made at the time an order is initially established, or when a modification is sought.

 

Good Cause

 

In addition to the minimum requirements noted above, other circumstances may satisfy good cause.  An example would be if the non-custodial parent (NCP) meets ALL of the following conditions:

 

1.                  the NCP is currently employed;

 

2.                  the NCP has met any statutory or ordered support obligations on time during the past 12 months, whether such obligations are based on an intact family, separation without a support order, or an order setting a specific dollar amount;

 

3.                  there is no evidence that the NCP is delinquent in paying any other financial obligation; and,

 

4.                  the immediate implementation of income withholding would likely cause a greater delay in support payments reaching the child compared to the NCP making timely payments directly to CSS.

 

To be effective, a "good cause" finding must be included in the order.

 

Reversal of Good Cause or a Written Agreement that Provides for an Alternative Arrangement

 

Utah law found at UCA 62A-11-502(3) states:
     “In cases where the court or administrative body that entered the order finds a demonstration of good cause or enters a written agreement that immediate income withholding is not required, in accordance with this section, any party may subsequently pursue income withholding on the earliest of the following dates:
     (a) the date payment of child support becomes delinquent;
     (b) the date the obligor requests;
     (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists; or
     (d) the date the court or administrative body so modifies that order.”