INCOME WITHHOLDING

CS 732P Automated Notice to Withhold, General and Audit Criteria

6/25/01 Revised 09/02

45 CFR 303.100; UCA 35A-7-105(2); 62A-11-406 and 407; 42 U.S.C. 653a(g)(1) and 654b(g)(1)(A)(i), and 45 CFR 308.2(c)(3)(iv)(A) and (B); URCP 64D(d) and R527-302.

 

 

The Office of Recovery Services/Child Support Services (ORS/CSS) has an automated notice to withhold process that reduces the number of income withholding documents that are manually generated by CSS agents.  This helps CSS meet the federal performance standards for sending income withholding documents to payors of income on qualified cases (see section below).  If a CSS case meets the participant, employment, case and/or liability criteria for an automated notice to withhold, ORSIS will automatically generate either an original or an amended Notice to Withhold packet the following day.

 

 

Federal Performance Standards – Audit Criteria

 

Federal law found at 42 USC 653a(g)(1) and 654b(g)(1)(A)(i), requires states to transmit a Notice to Withhold to an employer within 2 business days of receipt of employment information from any source (e.g., State Directory of New Hire, National Directory of New Hire, Quarterly Wage, Unemployment Compensation, or other source) reported to CSS.

 

In addition, federal regulations found at 45 CFR 308.2(c)(3)(iv)(A) and (B) state:

“If immediate income withholding is ordered, sending a notice to the employer directing the employer to withhold from the income of the employee an amount equal to the monthly (or other periodic) support obligation (including any past due support obligation) of the employee, within:
    (A) Two business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires and in which an information comparison conducted under section 453A(f) of the Act reveals a match;
    (B) Two business days after receipt of notice of, and the income source subject to withholding from a court, another State, an employer, the FPLS or another source recognized by the State.”

 

Information from another source would include information received from (e.g. the non-custodial parent (NCP), custodial parent (CP), former employer, NCP’s friends, NCP’s relatives, another state agency, or any other source that may provide employment information).