ENFORCEMENT OF SUPPORT OBLIGATION

CS 802-2 Annual Notice of Past-due Child Support, Contesting Options and Reviews

10/97 Revised 05/16/16 Training Completed 05/27/16

42 U.S.C 666(a)(c), 654a(e); U.C.A. 59-10-529, 62A-11-103, 104, 304.1, 304.2, 304.4, 304.5, 305, 312.5, 315.5, 327, 63G-4-201, 78B-12-112; R527-200

 

 

Non-custodial Parent Contests the Amount in the Annual Notice

 

The Annual Notice of Past-due Child Support instructs the non-custodial parent (NCP) to contact CSS within 30 calendar days of the date of the notice if s/he wants to contest the past-due support amount listed in the notice.  The NCP may only contest the amount of unadjudicated past-due support listed by claiming:

 

  1. The debt is not owed, or,

 

  1. The debt is inaccurate.

 

The NCP may not contest arrearage determinations on previously adjudicated debts.  Adjudicated debts are defined as those that have been legally determined by an administrative or judicial process and have been reduced to a sum-certain judgment.  Adjudicated debts include:

 

1.                   Arrears that were included in a first time administrative order;

2.                   Disputed arrears that resulted in an administrative Decision and Order; or,

3.                   Arrears ordered by a judicial court.

 

Although the NCP may not challenge how a previously adjudicated debt was determined or accrued (the opportunity for due process took place as part of the adjudication process), s/he may challenge the balance(s) owed on adjudicated debts.  For example, if the NCP provides documentation of payment(s) s/he made toward the adjudicated arrears balance, but the payment(s) were applied to another case or debt in error; give the NCP credit by adjusting the balance appropriately on ORSIS.

 

As long as the NCP owes any arrears, adjudicated or unadjudicated, even if the NCP is making regular arrears payments, the past-due debt is still subject to all collection/enforcement actions.  CSS will only stop collection actions on the NCP’s case(s) if the debt(s) are paid in full or s/he is able to provide documentation  that the money is not owed. 

 

EXCEPTION:   If the NCP  has filed bankruptcy, or collection is stayed by court order, past-due debt may not be subject to all collection/enforcement actions.

 

The NCP may also contest the amount(s) owed that certified for state and/or federal tax offset. 

 

NOTE:  A CP may forgive some or all of a non-IV-A arrears debt (adjudicated or unadjudicated) with a signed and notarized written statement. 

 

 

Overview of Contesting Options

 

The NCP has four possible options for contesting the amount of past-due support.

 

1.                   Administrative review.  The NCP calls, writes, comes into the office, or requests an administrative review on the “Request for Agency Action – Past-due Support” form.

 

2.                   Adjudicative proceeding.  The NCP makes a written request for an adjudicative proceeding under the Utah Administrative Procedures Act (UAPA). 

 

3.                   Go to court.  The NCP files a court action. 

 

4.                   Federal tax/administrative offset review.  The NCP disputes the amount submitted for federal tax intercept and administrative offset. 

 

 

Administrative Review Procedures

 

The NCP may contest the amount of past-due support listed in the “Annual Notice of Past-due Support” by requesting an “administrative review.”  An administrative review is outside the formal RAA/UAPA process and gives an individual the option to try to resolve disputed issues informally with CSS.  An NCP receiving the “Annual Notice” must contact CSS within 30 days of the date of the notice to request a non-UAPA administrative review. 

 

If an administrative review is requested, the designated Senior Agent is responsible to conduct the review to try to first resolve the issue(s) informally.  The Senior Agent must complete the review as soon as possible by taking all of the steps listed below.

 

1.                   Determine the case in dispute.  If the NCP has more than one CSS case, determine the appropriate case (or cases).  If more than one case is involved, handle the review for each case separately.

 

2.                   Review the case actions.  If the disputed amount is unadjudicated arrears and the NCP contest within the 30-day time frame, suspend automated enforcement actions.  Do not suspend collection/enforcement actions if the NCP contests after the 30-day timeframe, unless they are stayed by court order.

 

3.                   Confirm the contested amount.  The NCP may only contest the unadjudicated arrearage portion of the total liability for each case in question, and/or the balance owing on the adjudicated arrearage.  

 

4.                   Gather evidence.  The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within a30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence.  Examples of evidence include, but are not limited to, the items listed below.

a.                   When disputing past-due support listed, the NCP may provide cancelled checks (fronts and backs), or copies of redeemed money orders, receipts for support payments given to the custodial parent (CP), or proof of paid insurance premiums that included coverage for the child(ren) .

b.                  When disputing the balance paid on adjudicated arrears listed, the NCP may provide documentation of payments made to CSS for which s/he believes no credit was given on the debt, such as copies of pay stubs showing a reduction for child support, or a receipt that indicates a payment may have misposted, or s/he provides a copy of an order that supports the NCP’s claim;

 

If necessary, contact the NCP, CP or another party to discuss the evidence and/or to obtain a written, notarized statement documenting his/her evidence. The NCP and/or the CP do not need to appear in person to present or dispute evidence, but may choose to come into the office, separately or together, to present evidence or dispute each other’s evidence.  If the “Request for Review: Past-due Support Amount” has been marked to indicate that the NCP wants to appear in person at the review, send the “Request for Review Appointment Letter” to him/her.  The letter informs the applicant/recipient of the date and time of the review.  If one of the parties has retained an attorney, s/he may also attend the review.

 

1.                   Make a determination.  Review the available facts and evidence and determine if the NCP’s claims are valid.  If the NCP provided payment documentation during the review, refer to the procedures found in In-Kind Support to complete the worksheet at the time of any adjustment, to notify the parties of the adjustment and to add the worksheet into Content Manager.

 

NOTE:  If the forms were sent to both parties, allow the 30-day response time frame.

 

2.                   Generate the “Response to Non-custodial Parent’s Request for Administrative Review.”  This form gives the NCP the results of the administrative review and explains the NCP’s appeal options. 

a.                   Generate the form with the appropriate options. 

b.                  Send the form to the NCP along with the “Written Request for Review”, to allow the NCP the opportunity to request an adjudicative proceeding under UAPA. 

 

NOTE:  When/if the applicant/recipient has more than one case involved in the review, generate a separate form for each case.  Send the notice(s) by first-class mail. 

 

3.                   Take the appropriate follow-up action.  Depending on the outcome of the review, take the nest appropriate follow-up action(s).  For example, update ORSIS, send a modified Notice to Withhold Income for Child Support, change the auto enforce indicator, etc.

 

4.                   Write a case narrative.  Write a detailed narrative for each case you review.  Include your determination and actions taken.

 

Adjudicative Proceeding Procedures

 

The NCP may request an adjudicative proceeding under UAPA within 30 days of the “Initial Notice” (see exception below) or within 15 days of receiving the “Decision and Order.”  

 

If an adjudicative proceeding is requested, the responsible agent or Presiding Officer (PO) on the team where the case is currently assigned or the Children in Care (CIC) Associate Regional Director (ARD) is responsible to complete the following: 

 

1.                   Review the collection and enforcement actions.  If the disputed amount is unadjudicated arrears and the NCP contest within the 30-day time frame, suspend automated enforcement actions.  Do not suspend collections/enforcement actions if the NCP contests after the 30-day timeframe, unless they are stayed by court order.

 

2.                   Compile the state’s evidence.  Gather the facts and evidence from the CSS case narratives and any necessary document from Content Manager and present it to the PO.

 

3.                   Presiding Officer responsibilities.

a.                   Confirm the contested arrears amount.  The NCP may only contest the unadjudicated arrearage portion of the total liability for each case in question, and/or the balance owing on the adjudicated arrearage. 

b.                  Gather the NCP’s evidence.  The NCP must provide written evidence to support his/her claim.  If you do not receive the evidence within 30 days from the date of the request, proceed with the review and make a determination based on the available facts and evidence.  Examples of evidence include, but are not limited to the following:.

i.                     When disputing past-due support listed, the NCP may provide cancelled checks (fronts and backs), copies of redeemed money orders, or receipts for support payments given to the CP.

ii.                   When disputing the balance paid on adjudicated arrears listed, the NCP may provide documentation of payments made to CSS for which s/he believes no credit was given on the debt, such as copies of pay stubs showing a reduction for child support, or a receipt that indicates a payment may have misposted, or s/he provides a copy of an order that supports the NCP’s claim;

 

You may, if necessary, contact the individual or another party to discuss the evidence and/or to obtain a written, notarized statement documenting his/her evidence.

c.                   Notify the other party and gather the other party’s evidence.   Send the “Custodial Parent Notice of Adjudicative Proceeding” by first class mail.  The notice informs the other party of the proposed action and invites him/her to present his/her own evidence or documentation.  The letter is optional on IV-A cases and is not required on Children in Care (CIC) cases. 

 

The other party does not need to appear in person to present or dispute evidence or documentation, but may choose to appear, with the contesting party or separately, to present evidence and/or  review and dispute the other party’s evidence.  If an attorney has been retained, s/he may also attend the review.


If the NCP marks the “Request for Review: Obligation Based on Physical Custody Change” to appear in person , send the “Request for Review Appointment Letter”.  The letter informs the NCP of the date and time of the review.

d.                  Make a determination and issue a Decision and Order.

i.                     Review all of the facts and evidence presented by the agent, the requesting party and the other party to make a determination. 

ii.                   Generate and issue the “Decision and Order: Adjudicative Proceeding, Past-due Support” for each case.  Select the options on the order that correspond to the action being reviewed.  Include the time period and arrears for this adjudicated period.  Do not include arrears that have been previously adjudicated, unless you are modifying a previous order.  If reaffirming a prior adjudicated time period and amount, include the balance owing on that amount.


The order informs the NCP of:

A.                  the adjudicative proceeding decision; and,

B.                  of his/her appeal options.  The NCP may request reconsideration of the Decision and Order or file a court action. 

e.                  Process the Decision and Order.

i.                     Sign and date the order.  The order allows 20 days to request reconsideration of the determination. Include the “Decision and Order Cover Letter”.

ii.                   Mail by first class mail or deliver a copy of the forms to the NCP personally.

iii.                  Mail by first class mail a copy of the order and the  Courtesy Copy of Administrative Order” to the other party. 

iv.                 Mail by first class mail a copy of the forms to the NCP/CP’s:

A.                  attorney if s/he is represented by legal counsel; and/or

B.                  the initiating state on an incoming interstate case. 

f.                    If the NCP provided payment documentation during the review, complete the worksheet at the time of any adjustment, to notify the parties of the adjustment with form, and to add the worksheet into Content Manager.

g.                   Take the appropriate follow-up actions.  Depending on the outcome of the review, take the nest appropriate follow-up action(s).  For example, update ORSIS, send a modified Notice to Withhold Income for Child Support, change the auto enforce indicator, etc.

h.                  Write a case narrative.  Document the rationale used for making the decision based on the facts and evidence and any follow-up action taken on the case. 

i.                      

A Decision and Order that has been issued by CSS is subject to reconsideration if the NCP makes a written request within 20 days after the Decision and Order was issued.  For more information, refer to the corresponding section below.

 

Reconsideration Procedures

 

“Decision and Orders” that have been issued by CSS are subject to reconsideration if a written request is made within 20 days of issuing the “Decision and Order”.  A reconsideration request does not have a specific form, but it must be in writing and state the specific grounds for which relief is sought. 

If you receive a request for reconsideration, forward it to the Presiding Officer responsible for the “Decision and Order”.  The PO is responsible for taking the steps listed below.

 

1.                   Review the case for appropriate actions.  If the disputed amount is unadjudicated arrears and the NCP contest within the 30-day time frame,  suspend automated enforcement actions.  Do not suspend collection/enforcement actions, if the NCP contests after the 30-day timeframe, unless they are stayed by court order.

 

2.                   Grant or deny the reconsideration request. 

a.                   Deny Reconsideration:  If you deny the request for reconsideration, complete the following:

i.                     issue the “Order: RAA Reconsideration Denied”/ “Order: RAA Reconsideration Denied”.  Sign and date the order.

ii.                   Mail a copy of the order to the NCP and the other party.  Iinclude the “Courtesy Copy of Administrative Order”.   

 

NOTE:  The order provides the NCP with his/her options for appeal.

 

If the request for reconsideration is denied; i.e., the original “Decision and Order” stands, resume all collection and enforcement activity as appropriate

b.                  Grant Reconsideration:  If you grant the request for reconsideration, complete the following:

i.                     issue the “Order: RAA Reconsideration Granted”)/“Order: RAA Reconsideration Granted”. 

 

NOTE:  The order provides the NCP with his/her options for appeal.

ii.                   Review the facts and evidence of the case, as well as any new pertinent information received from the applicant/recipient. 

iii.                  Issue the Order:  Reconsideration: Past-Due Support and/or Lien/Levy form.  The order affirms or amends the original Decision and Order. 

 

NOTE:  A conference may be conducted to facilitate full reconsideration.

iv.                 Mail by first class mail or deliver a copy of the order personally to the NCP.

v.                   Mail by first class mail a copy of the order to the other party.  Include the “Custodial Parent Notice of Reconsideration”.  The letter informs the other party that reconsideration has been granted and invites the other party to present any new or additional information.  The letter is optional on IV-A cases and is not required on CIC cases.

The NCP and CP are not required to appear in person to present the new evidence, but they may choose to appear, separately or together, to review and dispute each other’s evidence.

vi.                 Mail by first class mail a copy of the order to the:

A.                  NCP’s attorney if s/he is represented by legal counsel; and/or,

B.                  The initiating state on an incoming interstate case. 

 

vii.                If the request for reconsideration is granted, resume collection/enforcement activity on these types of cases AFTER the original is replaced with an Order Based on Reconsideration.

c.                   Neither Grant nor Deny Reconsideration:  If the request for reconsideration is not granted or denied within 20 days, the request is considered denied and the original “Decision and Order” stands.

 

3.                   Take the appropriate follow-up actions.  Depending on the outcome of the review, take the nest appropriate follow-up action(s).  For example, update ORSIS, send a modified Notice to Withhold Income for Child Support, change the auto enforce indicator, etc.

 

4.                   Write a case narrative.  Document all the action(s) taken on the case(s) and the reasons for those actions.

 

If the NCP wants to appeal the reconsideration decision or the new order based on reconsideration, s/he may file a court action.  Reconsideration is not a prerequisite for a court action. 

 

Court Action Filed Procedures

 

The NCP may choose to file his/her own court action instead of, or in addition to, requesting an administrative review or an adjudicative proceeding.  The NCP must provide CSS with evidence that an action has been filed. The evidence of the filing will generally be notice of the legal pleadings.  Once you are notified of the filing, send a referral packet to the Attorney General’s Office (AGO).   

 

If the NCP provides you with evidence that a court filing has taken place within 30 calendar days of the date of the “Annual Notice,” stop all collection actions on unadjudicated (AUO) arrears.  The NCP may file a court action at any time after the 30-day timeframe; but CSS is not prohibited from collection/enforcement unless stayed by a court order.

 

Non-custodial parent Requests Federal Tax/Administrative Offset Review

 

The NCP may request a review of the amount of past-due support that has been submitted to the United States Department of the Treasury for tax intercept or administrative offset.  If the support order was issued in a state other than Utah, and the NCP wants the review to take place in that state, contact the issuing state within ten (10) business days and ask the state to conduct the review.  Notify the NCP of the date, time, and place the review is to be held in the other state.