INCOME WITHHOLDING

CS 731P Non-Custodial Parent Requests Voluntary Withholding

04/86 Revised 06/01

UCA 62A-11-414 and 502

 

Utah law located at UCA 62A-11-414 states:

“Whether or not a delinquency has occurred, an obligor may request that the office implement income withholding procedures under this part for payment of his child support obligations.”

Orders Issued Prior to October 13, 1990

 

If an order was issued or modified prior to October 13, 1990, and the non-custodial parent (NCP) requests voluntary income withholding through the Office of Recovery Services/Child Support Services (ORS/CSS), s/he must apply for IV-D services and complete an application packet.  Provide all IV-D services, including income withholding if there is a delinquency.  If there is no delinquency (i.e. past-due support in an amount equal to one month’s support), obtain the NCP’s request for income withholding in writing.  Begin income withholding immediately after receiving the written statement.

 

A NCP who requests voluntary income withholding must contact a private attorney if there is no existing IV-D child support case with CSS, and the NCP does not want to apply for full child support services.

 

Orders Issued On or After October 13, 1990

 

If the order was issued or modified on or after October 13, 1990, a NCP who requests voluntary income withholding must contact a private attorney if there is no existing IV-D child support case with CSS and the NCP does not want to apply for full child support services.

 

If the NCP wants to apply for IV-D services, s/he must complete a CSS application packet.  Provide all IV-D services, including income withholding without regard to whether there is a delinquency (i.e., past-due support in an amount equal to one month’s support).