ENFORCEMENT OF SUPPORT OBLIGATION
State laws found at UCA 59-10-529(2), and 62A-11-327(1) require the Office of Recovery Services/Child Support Services (ORS/CSS) to send a notice to non-custodial parents (NCPs) before taking certain enforcement actions, such as Federal tax offset, Federal administrative offset, State tax offset, and reporting past-due amounts to consumer credit reporting agencies (credit bureaus).
UCA 59-10-529(2): “2) (a) Subsection (1)(b)(ii) may be exercised
only if the Office of Recovery Services has sent written notice to the
taxpayer's last-known address or the address on file under Section 62A-11-304.4, stating:
(i) the amount of child support that is due or past due as of the date of the notice or other specified date;
(ii) that any overpayment shall be applied to reduce the amount of due or past-due child support specified in the notice; and
(iii) that the taxpayer may contest the amount of past-due child support specified in the notice by filing a written request for an adjudicative proceeding with the office within 15 days of the notice being sent.
(b) The Office of Recovery Services shall establish rules to implement this Subsection (2), including procedures, in accordance with the other provisions of this section, to ensure prompt reimbursement to the taxpayer of any amount of an overpayment of taxes which was credited against a child support obligation in error, and to ensure prompt distribution of properly credited funds to the obligee parent.”
62A-11-327(1): “The office shall periodically report the name of
any obligor who is delinquent in the payment of support and the amount of overdue
support owed by the obligor to consumer reporting agencies as defined in the
Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a (f):
(1) only after the obligor has been afforded notice and a reasonable opportunity to contest the accuracy of the information;”
To meet the notification requirements, CSS sends NCPs the “Annual Notice of Past-due Child Support” when the case meets the qualifying criteria. If the qualifying criteria are not met, the “Initial Contact Notice” is sent to the NCP as a courtesy; however, it does not satisfy the legal notice requirements.
2. Unadjudicated arrearage - arrearages accrued under a child support order that have not been reduced to a sum-certain judgment.
Annual Notice of Past-Due Child Support Overview
The “Annual Notice of Past-due Child Support” notice is sent by first class mail to NCPs that meet the Notice Criteria listed below. The notice informs the NCPs about their responsibilities and what enforcement actions may occur due to the arrearage.
The information below is included in the “Annual Notice:”
1. The total amount of past-due support, excluding fees debts.
2. A demand for payment in full within 30 calendar days of the date of the notice.
3. All past-due support becomes renewed judgments on the State Case Registry (ORSIS) unless the NCP:
a. pays the past-due amount in full;
b. proves that the past-due amount has been paid; or,
c. successfully contests that the past-due amount is owed.
4. The debt may be subject to the enforcement actions listed below.
a. Federal/state tax refund offset and/or federal administrative offset.
b. Reporting the debt to consumer credit reporting agencies.
c. Income withholding.
d. Reporting the debt to district court.
e. Levy and seizure of the NCP’s real property, such as a house, or personal property, such as bank accounts and stocks.
f. Suspension of driving privileges.
g. Suspension of professional, occupational, or recreational licenses.
h. Non-issuance or revocation of the NCP’s passport if s/he owes $5,000 or more in past-due support.
5. CSS is authorized to collect the full past-due amount using the collection actions even if the NCP is making regular or periodic arrears payments. Exceptions: Collection actions are suspended if they are stayed by court order, if the NCP is involved in an active bankruptcy, or good cause has been established on the case.
6. The right to contest the amount of past-due support listed on the notice and an explanation of the NCP’s options, including the right to request an administrative review (agent), or an adjudicative proceeding (UAPA).
7. Information on how the unobligated spouse may obtain his/her portion of the federal and/or state tax refund.
8. Information about future support, interest, and potential costs and fees.
9. Information about how CSS may set or reset a schedule of payments.
10. The legal requirement to notify CSS of a change in address, employment, driver’s license number, Social Security number, and health insurance information on the children.
11. Support order review/adjustment information.
12. Information about where to send payments and that no credit is to be given for “in-kind” payments (food, clothing, etc.).
13. How payments are credited.
14. Safeguarded information and the Federal Case Registry (FCR).
15. CSS regional office addresses and AIS/CSU telephone numbers.
When a case is opened or reinstated, but the debts do not meet the criteria for an “Annual Notice,” the “Initial Contact Notice” is sent by first class mail to the NCP to inform the NCP about his/her responsibilities and what enforcement actions may occur if a delinquency accrues. The “Initial Contact Notice” is not linked to the anniversary date; it is only generated one time on a case, unless the case is closed, then reinstated and still does not meet the “Annual Notice” criteria.
The information below is included in the “Initial Contact Notice:”
1. Income withholding information.
2. Information about where to send payments and that no credit is to be given for “in-kind” payments (food, clothing, etc.).
3. Collection remedies for past-due support.
4. The legal requirement to notify CSS of a change in address, employment, driver’s license number, Social Security number, and health insurance information on the children.
5. Support order review/adjustment information.
6. Safeguarded information and the Federal Case Registry (FCR).
7. CSS regional office addresses and Automated Information System/Customer Service Unit (AIS/CSU) telephone numbers.