INCOME WITHHOLDING

CS 746P Reinstatement of Income Withholding

12/93 Revised 06/01

UCA 62A-11-408

 

Statutory Authority

 

Utah law located at UCA 62A-11-408(1)(e) states:
    “(e) If the office terminates income withholding through an agreement with a party, the office may reinstate income withholding if:
     (i) a delinquency occurs;
     (ii) the obligor requests reinstatement;
     (iii) the obligee requests reinstatement; or
     (iv) the office, based on internal procedures and standards, determines reinstatement is appropriate.
     (2) The office shall give written notice of termination to each payor when the obligor no longer owes child support to the obligee.
     (3) A notice to withhold income, served by the office, is binding on a payor until the office notifies the payor that the obligation to withhold income has been terminated.”

Income Withholding Terminated by ORS/CSS - Procedures

 

Prepare and send a “Notice to Withhold Income for Child Support” to the payor of income. Send the non-custodial parent (NCP) the following documents:

 

1.                  the “Notice to Withhold Cover Letter;”

 

2.                  the “Written Response Contesting Withholding;” and,

 

3.                  a copy of the Notice to Withhold.

 

Income Withholding Terminated by Court or Administrative Order - Procedures

 

If income withholding was terminated due to a court or administrative order that found good cause to terminate, reinstate income withholding if one of the following reasons exists:

 

1.                  the child support becomes delinquent in an amount equal to one month's support;

 

2.                  the NCP requests;

 

3.                  the administrative or judicial body that found “good cause” to terminate determines that circumstances no longer support that finding; or,

 

4.                  the order is modified to reverse the termination for good cause finding.