INCOME WITHHOLDING

CS 730P Non-IV-D Cases

04/86 Revised 05/02

UCA 62A-11-501 to 511; R527-301

 

The Office of Recovery Services (ORS) is the sole agency within the state of Utah designated to receive and distribute child support payments made through income withholding on both IV-D and Non-IV-D cases.  Child Support Services (CSS, the IV-D Child Support Services Program within ORS), is responsible for IV-D income withholding cases.  ORS Team 59 is responsible for Non-IV-D income withholding cases.  Team 59 Non-IV-D case processing is an option for parents who are currently not receiving public assistance (financial and/or Medicaid) and who have a valid child support order.

 

Orders Issued Prior to January 1, 1994

 

For orders issued prior to January 1, 1994, a Non-IV-D parent may petition the district court to add a provision in the support order for income withholding.

 

Orders Issued On or After January 1, 1994

 

Beginning January 1, 1994, every child support order that is issued or modified is subject to income withholding immediately, regardless of the IV-D status or whether a delinquency exists, unless there is a finding of good cause or a written agreement in the order that prevents it.  The non-custodial parent's (NCP’s) income is subject to immediate income withholding even if the withholding language is not in the order.  A good cause finding or written agreement preventing immediate income withholding must be in the order, or the NCP's income is subject to immediate income withholding.

 

Non-IV-D Team 59 Function

 

Team 59's function is restricted to receiving, documenting, and disbursing Non IV-D income withholding payments. Team 59 does not provide other child support services, such as locate, review and modification of orders, adjustment for emancipation, enforcement actions (e.g., federal payment offset), or delinquency monitoring for these cases.  Team 59 also does not generate and send income withholding notices to employers or other payors, nor can it terminate an income withholding notice.

 

Income withholding notices for all Non-IV-D cases must be initiated by one of the parents, or by a private attorney, submitted to the court for issuance, and sent to the employer.  The individual who initiates the income withholding  notice must send a copy to Team 59 to alert ORS that Non-IV-D withholding payments should be forthcoming.  When the notice is received, Team 59 will open a Non-IV-D case on ORSIS.  All payments received on team 59 cases are posted and automatically disbursed through the State Disbursement Unit (SDU).  No fees are charged to either parent on team 59 cases.  If the parent who is paying by income withholding changes employers, it is up to one of the parents, or a private attorney, to have the court issue a new income withholding notice, and send a copy to team 59.  If a Non-IV-D Notice to Withhold needs to be terminated, it will be up to the one of the parents, or a private attorney, to petition the court to request termination. 

 

Shared Non-IV-D and IV-D Cases

 

Under the state law that went into effect July 1, 1997, separate income withholding notices are sent to employers for Non-IV-D and IV-D cases.  The court must issue the Non-IV-D notice.  The IV-D notice is issued administratively by CSS.  When there are multiple cases with both IV-D and Non-IV-D participants, current support has equal priority. Before a case may begin to receive any money from income withholding from a particular employer, a Notice to Withhold must be in effect for that case with that employer. 

 

Procedures for Requesting Non-IV-D Income Withholding of Child Support

 

If a parent wants to open a Non-IV-D case, or if the applicant on an existing IV-D Non-IV-A case wants to close the case and open a Non-IV-D case, you may explain to the applicant the benefits of a full IV-D service case, most of which are free of charge, and that the services provided by the Non-IV-D unit (Team 59) are limited to income withholding payment pass-through.  For example, no federal of state offset, enforcement, order modification, adjustment for emancipation, or other services will be provided by Team 59.  Also advise the applicant that if the NCP changes jobs or otherwise terminates employment with the current employer, the applicant will need to reinitiate a new income withholding notice through the Clerk of the Court and provide a copy to Team 59 to continue this no-cost service.

 

If the applicant on an existing IV-D full service case decides to close the case and open a Team 59 case, and CSS has already initiated income withholding administratively, do not terminate the Notice to Withhold until the applicant has had an opportunity to obtain a new Notice to Withhold through the Clerk of Court, and send a copy to Team 59.  Coordinate the case closure on your Non-IV-A case with the Team 59 case opening. 

 

A parent, or private attorney, who wants to request Non-IV-D income withholding must take the steps listed below.  (The information is also available on the ORS website).

 

1.                  Contact the clerk of the court for the court that issued the support order and obtain an “Order/Notice to Withhold Income for Child Support” form.

 

2.                  Complete the form.  ORS or court personnel will NOT be able to assist in this process.

 

3.                  Mail or deliver the completed form to the appropriate judge at the court and request the judge’s signature.  If mailed, a self-addressed stamped envelope must accompany the request.  Or, a note may be included to indicate that the signed form will be picked up.

 

4.                  Mail the original signed Order/Notice to the employer (or payor of income).

 

5.         Mail a copy of the signed Order/Notice, a copy of the divorce decree or support order, social security numbers of the NCP (paying parent) and children named in the order, and the custodial parent’s (CP’s) mailing address and phone number, to:  ORS Team 59, P.O. Box 45011, Salt Lake City, Utah 84145.  When Team 59 receives the copy, it will open a Non-IV-D case and Non-IV-D income withholding payments will be applied to that case and sent to the CP.

 

6.         If the CP is the requesting party, s/he must mail to the NCP a copy of the signed Order/Notice and information regarding the opportunity contest the withholding, pursuant to U.C.A. 62A-11-504(4)9c).

 

If IV-D full services are needed in the future, the applicant may apply (or reapply) with CSS, at which time all appropriate IV-D services will be provided and normal fees for IV-D child support services will be charged.