Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R527. Human Services, Recovery Services.
Rule R527-301. Non-IV-D Income Withholding.
As in effect on January 1, 2020
Table of Contents
- R527-301-1. Authority and Purpose.
- R527-301-2. Responsibility of the Office of Recovery Services.
- R527-301-3. Child Support Order Does Not Require Immediate Income Withholding.
- R527-301-4. Collection of Child Care Expenses Through Income Withholding.
- R527-301-5. Enforcement of Notice to Withhold When Payor Fails to Comply.
- R527-301-6. Modification of Income Withholding Amount.
- R527-301-7. Custodial Parent's Failure to Keep Office Notified of Mailing Address.
- R527-301-8. Termination of Income Withholding.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
1. The Office of Recovery Services is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.
2. The purpose of this rule is to provide information about the requirements of the Office of Recovery Services in regards to Non-IV-D Income Withholding. The rule states who can request income withholding and the proper procedures to pursue income withholding.
The responsibilities of the Office of Recovery Services in regard to Non-IV-D Income Withholding are limited to receiving the income withholding, processing the payment, issuing a payment to the custodial parent, and maintaining a payment record. Modifications to the support order or withholding amounts are the responsibility of the parents.
Either party to the support order may pursue income withholding by filing for an Order/Notice to Withhold in the court, by applying for IV-D child support enforcement services, or by receiving IV-A assistance.
Child care expenses shall not be collected through Non-IV-D Income Withholding.
If a payor fails to comply with the Notice to Withhold, either the custodial parent or the non-custodial parent may proceed with judicial action against the employer to enforce the Notice to Withhold and to obtain a judgment in accordance with Subsections 62A-11-506 (1)(f), (j) and (k).
If the Notice to Withhold needs to be modified for any reason, the parent must apply for IV-D services or file for an Order/Notice to Withhold in the court that issued the support order.
The office shall hold income withholding payments for 60 calendar days after the office determines that the custodial parent's address is unknown. During this 60-day period, the office shall make one attempt to locate the custodial parent, using resources available to the office. If the custodial parent's address is still unknown at the end of 60 calendar days, the office shall refund the support to the non-custodial parent. The support shall not accrue interest during the time it is being held to locate the custodial parent.
At any time after the date income withholding begins, a party to the child support order may request a judicial hearing to determine whether income withholding should be terminated. If the court orders that income withholding should be terminated, the obligee will provide written notice of termination to each payor of income.
October 1, 2009
December 15, 2017
62A-11-107; 62A-11-502; 62A-11-504; 62A-11-506; 62A-11-508
For questions regarding the content or application of rules under Title R527, please contact the promulgating agency (Human Services, Recovery Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.