ENFORCEMENT OF SUPPORT OBLIGATION

CS 845-1 Driver License Suspension – Criteria

06/30/08 Revised 08/08/16 Training Completed 08/22/16

U.C.A. 53-3-102, 53-3-221, 53-3-221.5, 62A-11-601, 62A-11-602, 63G-4-101 et seq.; R527-260

 

 

If the non-custodial parent (NCP) is in arrears on a child support obligation, the Office of Recovery Services/Child Support Services (ORS/CSS) may order an administrative suspension of a person’s driver license.  The criteria are defined in Utah Code Annotated (U. C. A.), Utah Administrative Rule, and through ORS/CSS administrative decisions.

 

1.                   U.C.A. 62A-11-602 defines child support delinquency for purpose of driver license suspensions as follows:

“(2) "Delinquent on a child support obligation" means that a person:

 (a) (i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;

 (ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and

 (iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or

 (b) (i) made no payment for 60 days on an arrearage obligation of child support as set forth in:

 (A) a payment schedule;

 (B) a written agreement with the office; or

 (C) an administrative or judicial order;

 (ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and

 (iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears.”

 

2.                   Administrative Rule 527-260-3 Driver License Suspension Criteria states:

ORS/CSS may begin procedures for driver license suspension on an obligor if all other administrative enforcement actions have been exhausted and the obligor:

(1) has a valid Utah driver license;

(2) is delinquent in child support payment pursuant to Section 62A-11-602(2);

(3) is working, but ORS/CSS is unable to send a Notice to Withhold Income for Child Support; and,

(4) has the ability to pay child support.”

 

3.                   ORS/CSS administration has implemented the following additional criteria:

a.                   The NCP must be the primary obligor on a case with an open, valid debt (for example, a pre-order case with no debt or a Medicaid-only case would not qualify);  

b.                  The NCP must NOT be the secondary obligor on the case in question.  If an NCP has multiple cases, do not include any cases where the NCP is an OBRS in the driver license suspension action; suspension may still be pursued on the remaining cases.

c.                   The AUTO ENFORCE field MUST be “Y” (yes, auto enforcement).

 

Many cases will meet the basic criteria to qualify for driver license suspension, but ORS/CSS resources are limited for completing the required processes.  Regional Directors will receive instructions as to how many cases can be processed from each office.  Considering these limitations, priority should be given to those cases where it is likely that driver license suspension will bring about the desired result of regular payments toward the case (for example, cases where the NCP relies on a valid driver’s license to complete his/her job; for example, cab drivers, construction workers, truck drivers, etc.)

 

 

Driver License Suspension Checklist

 

If the agent believes the NCP’s case(s) meets the criteria for driver license suspension, s/he must complete the following:

 

1.                   Determine which of the NCP’s cases should be included in the Driver License Suspension action based on the criteria above.  Include all CSS cases that meet the criteria above.

 

2.                   Complete the Driver License Suspension Checklist:  The responsible agent must:

a.                   Complete the checklist:  Complete one form for each of the NCP’s eligible cases.    

 

NOTE:  The checklist can only be viewed or updated by workers on your team. 

b.                  Complete the form with as much information as you have.  Make sure to include any information that will aid the Team Manager, Regional Director (RD), and the Suspension Review Panel (SRP) in determining if CSS should proceed with suspension of the NCP’s driver license.

c.                   Save the completed/updated form. 

 

3.                   Provide documentation:  Obtain most of the documentation/information you need fom the appropriate screens or narratives in ORSIS.  If there is any information contained in Content Manager (i.e., letter or other documentation) that verifies the NCP uses his/her vehicle for work purposes, make sure you indicate in the notes on the form where the information is located within Content Manager.  

 

4.                   Provide form(s) to the team manager:  Send the form and all documentation to the Team Manager for review via email.  Make sure the SUBJECT of the email is “Driver License Suspension Review”.

 

After reviewing the case, the team manager will either return the form(s) to the agent for more information, if needed, or if the team manager agrees that the driver license suspension should move forward, s/he will forward the form(s) via email to the RD for review.

 

 

Regional Director Review

 

When the RD receives the case referral from the Team Manager, s/he will:

 

1.                   Review the case:  The RD will:

a.                   Review all information provided by the responsible agent and the Team Manager, case facts and the documentation for each case to be included in the Driver License Suspension Action.

 

2.                   Determine if more information is needed:   If the RD is unable to make a proper determination, s/he will:

a.                   Document any requested information on the form; and,

b.                  Send an email to the responsible agent and attach the form. 

 

3.                   Notify the team manager and the responsible agent of the results of the review:  The next appropriate agent action will depend on the RD’s decision:

a.                   Suspension action approved.  If the suspension action is approved, the RD will:

i.                     Complete the form; and,

ii.                   Email the agent and team manager, and attach the form.

 

The agent is then responsible to initiate and send the Notice of Agency Action:  Intent to Suspend Driver’s License to the NCP to begin the driver’s license suspension process; or,

b.                  Suspension action not approved.  If the suspension action is not approved:

i.                     The RD will:

A.                  Complete the form; and,

B.                  Email the agent and team manager, and attach the form.

ii.                   The agent will:

A.                  Send the form to be imaged; and,

B.                  Take the next appropriate action on the case (e.g., civil contempt, locate an address, other appropriate enforcement actions, etc.).

 

4.                   Document the results of the review in the case narratives.  Once the RD has made a decision, s/he will document the decision in the NCP’s case narratives. 

 

NOTE:  If the NCP has multiple cases, the RD may document the results of the review in the NCP’s participant narratives.