ENFORCEMENT OF SUPPORT OBLIGATION

CS 880P Retained Support – Enforcing Repayment Agreements

07/14/03 Revised 05/05/15 Training Completed 07/31/03

U.C.A. 35A-3-108(1)(b), 62A-11-307.1, 62A-11-307.2, 62A-11-316, 319, and U.C.A. 78B-5-202; R527-40

 

 

Retained support cases are worked by Team 60 in the Salt Lake City office.  The following information relates to retained support cases and enforcing repayment agreements.

 

 

Statutory Authority

 

Utah law at U.C.A. 62A-11-307.2(4) states:

“(4) (a) If an obligee receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the office.

(b) (i) If an obligee agrees with an obligor to receive payment of support other than in the court or administratively ordered manner and receives payment as agreed with the obligor, the obligee shall immediately deliver the cash equivalent of the payment to the office.

(ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively ordered support due, the office shall return the excess to the obligee.”

 

U.C.A. 62A-11-307.1 states:

“(1) The office may issue or modify an order under Section 62A-11-304.2 and collect under this part directly from a responsible parent if the procedural requirements of applicable law have been met and if public assistance is provided on behalf of that parent's dependent child. The direct right to issue an order under this Subsection (1) is independent of and in addition to the right derived from that assigned under Section 35A-3-108.

(2) An order issuing or modifying a support obligation under Subsection (1), issued while public assistance was being provided for a dependent child, remains in effect and may be enforced by the office under Section 62A-11-306.1 after provision of public assistance ceases.

(3) (a) The office may issue or modify an administrative order, subject to the procedural requirements of applicable law, that requires that obligee to pay to the office assigned support that an obligee receives and retains in violation of Subsection 62A-11-307.2(4) and may reduce to judgment any unpaid balance due.

(b) The office may collect the judgment debt in the same manner as it collects any judgment for past-due support owed by an obligor.”

 

 

Collection/Enforcement of Retained Support Debt

 

If the retained support case is IV-A, there is an order, and the respondent is employed, Team 60 may send a manual income withholding order to the respondent’s employer, if applicable.  Pursuant to U.C.A. 62A-11-307.1(3):

“(a) The office may issue or modify an administrative order, subject to the procedural requirements of applicable law, that requires that obligee to pay to the office assigned support that an obligee receives and retains in violation of Subsection 62A-11-307.2(4) and may reduce to judgment any unpaid balance due.

(b) The office may collect the judgment debt in the same manner as it collects any judgment for past-due support owed by an obligor.”

 

NOTE:  Even though the law allows for income withholding on retained support cases, at this time ORSIS programming does not.  Until ORSIS can be changed to allow income withholding on retained support cases, continue with the other six repayment options.

 

If the respondent in a retained support case is stipulating, s/he must also sign a Repayment Agreement form.  A Repayment Agreement may be signed after an order has been issued, when the respondent contacts you.  There are six repayment options available.  They are:

 

1.                   Recoupment from IV-A Cash Assistance – The respondent agrees to transfer a portion of his/her financial public assistance benefits to the retained support debt.

 

NOTE:  The maximum amount of recoupment from IV-A cash assistance is $50.00 monthly.

 

2.                   Redirect from Child Support Payments – The respondent agrees to redirect a portion of his/her child support payment from ORS to the retained support debt.

 

3.                   Direct Billing – The respondent agrees to voluntarily pay a specific amount each month towards the retained support debt.

 

4.                   Payment in Full – The respondent agrees to pay the retained support debt in full.

 

5.                   Wage Assignment – The respondent agrees to pay the retained support debt through wage withholding from his/her employer.

 

NOTE:  Sending the Wage Assignment form with the Repayment Agreement may help in obtaining the needed signatures from the respondent.

 

6.                   Unreimbursed Public Assistance Transfer – If the respondent has unreimbursed public assistance, s/he may agree to transfer any unclaimed funds over to pay the retained support obligation.

 

Always follow the procedures found in policy when determining a monthly repayment amount.  The calculated monthly obligation should be 10% of the total debt, not to exceed $300.00.  If the calculated obligation is not feasible for the respondent, the agent should use his/her own discretion in determining an agreeable repayment schedule.

 

Retained support judgments expire after eight years pursuant to U.C.A. 78B-5-202.  When a judgment is about to expire or has expired, review the case, terminate all enforcement actions, end the debt and “PEND” the case for closure, if appropriate.  If the case is going to be closed, use the unenforceable closure reason. 

 

There are situations where retained support debts may be cancelled when a participant files for bankruptcy.

 

 

Wage Assignment

 

1.                  Start Wage Assignment.  If the respondent agrees in writing on the “Repayment Agreement” to wage assignment, follow the steps below.

a.                   Determine if there are other overpayment cases with the respondent where collection is being done through wage assignment.  If there is a case, coordinate the wage assignment with DWS.

b.                  Generate the “Wage Assignment” and the “Wage Assignment Cover Letter.”  The respondent must sign the “Wage Assignment.” Provide the respondent with a copy of the “Wage Assignment.”

c.                   Mail the “Wage Assignment Cover Letter” and a copy of the “Wage Assignment” to the employer.  The employer must honor the wage assignment and must send the money to CSS until notified in writing to stop.  If the respondent changes employers, generate the cover letter and send it with a copy of the “Wage Assignment” to the new employer.  The respondent does not have to sign a new “Wage Assignment” because it extends to future employers.

d.                  Place the original “Wage Assignment” in the case file folder.

e.                   Monitor to verify that the wage assignment begins as noted in the “Wage Assignment.”

 

2.                  Stop Wage Assignment.  When the debt is paid in full, terminate the wage assignment.

a.                   Generate the “Termination of Wage Assignment” to the employer.

b.                  Send a copy to the employer and the respondent.

c.                   Place the original in the case file folder.

d.                  Write a case narrative.