CS 802P-3 Annual Notice of Past-due Child Support: Civil or Criminal Referrals to the AGO; Interstate Cases

10/97 Revised 07/31/08

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


Civil or Criminal Referrals to the Ago


If a case has been referred to the Attorney General’s Office (AGO) to consider a civil or criminal action and auto enforcement is taking place, do not stop the auto enforcement.


If auto enforcement is not taking place on the case, determine if there is a legitimate reason why it is not (e.g., there is a court order barring the interception of federal taxes).  After the judicial action has been completed, consult with your AG and/or manager to determine auto enforcement is appropriate.


Interstate Cases


1.                  Outgoing interstate case:  If the non-custodial parent (NCP) lives in another state and owes past-due support on a Utah CSS case, ORSIS will generate an “Annual Notice of Past-due Child Support” even if you have sent an interstate referral to the other state.  Apply the annual notice procedures to the outgoing interstate case, noting the specific procedures for resolving federal tax certification and administrative offset issues.


2.                  Incoming interstate case:  If the NCP lives in Utah and you are working the case at the request of another state, ORSIS will generate an “Annual Notice” to the NCP.

If the NCP contests what is owed on an incoming interstate case, take the same steps found in this policy as you would on an in-state case, except for federal tax and administrative offset reviews (see below).  If you conduct a UAPA review, send the initiating state a copy of the Decision and Order.

If the NCP wants to contest the amount that was certified for federal tax and administrative offset, the NCP must make his/her request to the state that did the certification.  In an incoming interstate case, the state that does the certification is the initiating state, not Utah.  The initiating state should have sent the NCP a notice at the time the case was certified.  Direct the NCP to the initiating state if s/he has questions about federal tax/offset certification or wants to request a review.  The NCP may opt to have the state that issued the support order conduct the review, rather than the initiating state.  The initiating state should coordinate this with the issuing order state (which could be Utah or another state).