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Utah State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
Four offices: Northern, Central, and two Southern offices.
2. What is the name of your IV-D agency?
Office of Recovery Services (ORS).
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Primarily administrative, judicial as needed.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
We use CSENET and QUICK. We do not currently have EDE.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
The age of majority is 18 years, but courts in divorce actions may order support to age 21 (U.C.A. 15-2-1). Pursuant to U.C.A 78B-5-202, '(6)(a) A child support order or a sum certain judgment for past due support may be enforced: (i) within four years after the date the youngest child reaches majority; or (ii) eight years from the date of entry of the sum certain judgment entered by a tribunal. (b) The longer period of duration shall apply in every order. (c) A sum certain judgment may be renewed to extend the duration.' For orders issued after July 1, 1994, 18 years of age or has graduated from high school during the child's normal and expected year of graduation, whichever occurs later. For orders issued prior to July 1, 1994 the age when child support is automatically terminated is 18 (U.C.A. 78B-12-219).
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
For orders issued after July 1, 1994, 18 years of age or has graduated from high school during the child's normal and expected year of graduation, whichever occurs later. However, a child becomes emancipated when '. . . a child becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation. . .' (U.C.A. 78B-12-219).
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
Yes. For orders issued after July 1, 1994, 18 years of age or has graduated from high school during the child's normal and expected year of graduation, whichever occurs later. For orders issued prior to July 1, 1994 the age when child support is automatically terminated is 18.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes. Utah Code Annotated (U.C.A.) 78B-5-202(6) governs how long both sum-certain judgments and monthly judgments that accrue under support orders may be enforced. U.C.A. 78B-5-202 states: '(6)(a) A child support order or a sum certain judgment for past due support may be enforced: (i) within four years after the date the youngest child reaches majority; or (ii) eight years from the date of entry of the sum certain judgment entered by a tribunal. (b) The longer period of duration shall apply in every order. (c) A sum certain judgment may be renewed to extend the duration.'
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
A child becomes emancipated when '. . . a child becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation. . .' (U.C.A. 78B-12-219)
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Yes. When a child 'is emancipated in accordance with Title 80, Chapter 7, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order' (U.C.A. 78B-12-219). However, 'if the incomes of the parties are not specified in the most recent order or the worksheets, the information regarding the incomes is not consistent, or the order deviates from the guidelines, automatic adjustment of the order does not apply and the order will continue until modified by the issuing tribunal.'
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No, unless it is ordered by the courts.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
The age of majority of the last child in the order, plus 4 years unless a sum-certain judgment has been taken. A sum-certain judgment for support arrears may be enforced for eight years from the date of entry in a court (U.C.A. 78B-5-202(6)).
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
A proceeding to adjudicate the parentage of a child having no declarant or adjudicated father may be commenced at any time. If initiated after the child becomes an adult, only the child may initiate the proceeding (U.C.A. 78B-15-606). The IV-D office does not pursue arrears on paternity cases prior to the date of the first paternity Notice of Agency Action.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
Yes. Judgments may be renewed by court order prior to expiring. The IV-D office does not pursue judgment renewals (U.C.A. 78B-5-202(6)(c)).
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
No.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, for 50 percent of the uninsured portion, if the uninsured medical portion has been reduced to a sum-certain judgment by the parent.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Verification of a change in the physical custody of the child (support follows the child).
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
Yes. If the custodial party is not receiving state benefits for the child, then we need proof of legal custody or guardianship granted to the specified relative or voluntary consent from the parent with legal custody once TANF and/or Medicaid benefits have ended under the specified relative.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes. If the custodial party is not receiving state benefits for the child, then we need proof of legal custody or guardianship granted to the specified relative or voluntary consent from the parent with legal custody once TANF and/or Medicaid benefits have ended under the specified relative.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
U.C.A. 78B-12-203 states: '(9)(b) Social security benefits received by a child due to the earnings of a parent shall be credited as child support to the parent upon whose earning record it is based, by crediting the amount against the potential obligation of that parent. Other unearned income of a child may be considered as income to a parent depending upon the circumstances of each case.'
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
There can be a reduction in support for extended parent-time. Per U.C.A. 78B-12-216, '(1) The base child support award shall be: (a) reduced by 50% for each child for time periods during which the child is with the noncustodial parent by order of the court or by written agreement of the parties for at least 25 of any 30 consecutive days of extended parent-time; or (b) 25% for each child for time periods during which the child is with the noncustodial parent by order of the court, or by written agreement of the parties for at least 12 of any 30 consecutive days of extended parent-time.'
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No. Custody and visitation are not permitted by federal law to be included within IV-D child support services for funding purposes.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
U.C.A. 78B-15-505 governs genetic testing and rebuttals. A man is presumed to be the father of a child if the genetic test results disclose that the probability of paternity is at least 99%. A man presumed to be the father of the child may rebut the genetic test results only by another genetic testing that either excludes the man as a genetic father of the child or identifies another man as the possible father of the child.
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
Pursuant to U.C.A. 78B-15-305, '(1) Except as otherwise provided in Sections 78B-15-306 and 78B-15-307, a valid declaration of paternity filed with the Office of Vital Records is equivalent to a legal finding of paternity of a child and confers upon the declarant father all of the rights and duties of a parent.'
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. Per U.C.A. 30-1-17.2, '(2) A man is presumed to be the father of a child if: (a) he and the mother of the child are married to each other and the child is born during the marriage; (b) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation; . . .'
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. Paternity can only be established by a court or tribunal order, by presumption, or by signing a valid voluntary declaration of paternity.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Department of Health, Office of Vital Records and Statistics: https://vitalrecords.health.utah.gov/putative-father-information
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
If the requesting state has ever opened a case with our agency, ORS can provide a courtesy copy of the birth certificate, Voluntary Declaration of Paternity (VDP), or order that shows how paternity was established. If there was never an open case with ORS, then a request for records must be sent to the Utah Office of Vital Records and Statistics.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
The Office of Vital Records and Statistics does charge fees to other states and private individuals outside of Utah for any vital records search. A paternity search is $18 and a birth certificate search is $22.
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9.1. Describe any circumstances under which these fees may be waived?
There are no typical situations where a fee may be waived. The Office of Vital Records can review a request to waive the fee on a case-by-case basis.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Utah does not have common-law marriage. 'Instead, a petition for an unsolemnized marriage can be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship,' per U.C.A. 30-1-4.5, amended by Chapter 186, 2021 General Session. If the court approves the petition, then the parties will be considered to have been married ever since the requirements have been met.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
Yes.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
The administrative process can be used if no prior judicial order exists or a prior judicial order authorizes use of administrative process and neither parent is a minor. U.C.A. 62A-11-301 through 328 authorizes the administrative process; U.C.A. 63G-4 is the Utah Administrative Procedures Act (UAPA), which outlines the administrative procedures.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
A prior judicial order exists, is in process, or involves a minor parent.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The guidelines are based on the 'Income Shares' model where the gross and adjusted incomes of both parents are used to determine the child support awards for both parents. A current spouse's income may be used to determine present family credit. We do not use a parent's spouse's income as part of gross income calculation.
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2.1. What documentation is required as proof/evidence of this information?
Proof of income can include: recent pay stubs from a current employer, employer statements, complete copies of tax returns from the most recent year, or verification from the Department of Workforce Services.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
U.C.A. 78B-12-210 governs the application of guidelines. '(3) A written finding or specific finding on the record supporting the conclusion that complying with ' an award amount resulting from use of the guidelines would be unjust, inappropriate, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case.'
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, in conjunction with establishing a current support obligation only. Non-paternity cases: prior period up to four years at time of notice of agency action, but not to exceed the earlier of the IV-A date of eligibility or date of IV-D application on Non-IV-A cases. For Paternity cases: prior period from date of paternity notice of agency action forward; no arrears are pursued on paternity cases.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
An application for services, date of IV-A eligibility, and parents' income information.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
We cannot establish support for prior periods on emancipated child(ren), nor for periods which exceed date of IV-A eligibility (four years maximum), or prior to the date of application on Non-IV-A cases.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No. ORS relies on the determination of custody made by the Department of Workforce Services. For additional information refer to U.C.A. 78B-12-108 and U.C.A. 62A-11-307.1.
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5.1. What about when public assistance is not being expended?
Yes. Legal custody is required if the nonbiological custodial party wishes to collect support for the child and public assistance is not being expended.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
Establishment.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No. U.C.A. 78B-12-108 facilitates the collection of child support for parents who willingly agree to a change in physical custody without the need to have their judicial order modified. If physical custody of all the children in the order changes from what is originally stated in the judicial support order, the obligation of the parent (or parents) who does not have physical custody may be due and payable.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
Means tested income (i.e., government programs that require the recipient to meet certain income levels to qualify for the benefit. Means tested programs include, but are not limited to: IV A services; Supplemental Security Income (SSI), Medicaid; Food Stamps; General Assistance; benefits received under a housing subsidy; or the Job Training Partnership Act).
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes, consistent with the income withholding limits specified in section V. of the federally approved Income Withholding for Support form.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No. We use the CCPA withholding limitations as per the federally approved IWO form.
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2.2. What are the withholding limits for non-employees?
If social security is the obligor's sole means of support and the case is an arrears only case, the notice to the Social Security Administration to withhold income shall be limited to 25% of the social security benefit amount.'
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
Employers may charge a one-time fee of $10.00 for a single withholding and $25.00 for a continuing withholding.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
State law effective January 1, 1994, required employers to withhold and remit an income withholding fee of $3.50 for each payment, not to exceed $7.00 per month. This fee was rescinded on July 1, 1997. Orders issued between January 1, 1994 and July 1, 1997 are subject to this fee.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
The employer must begin withholding by the first pay period within five working days from the date the employer received the income withholding order.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
The employer must begin withholding by the first pay period within five working days from the date the employer received the income withholding order.
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6. When must an employer remit amounts withheld from an employee's pay?
Within 7 days.
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7. What are your state's sanctions for employers for not implementing income withholding?
The office, the obligee, if an assignment has not been made under Section 35A-7-108, or the obligor may proceed with a civil action against the payor. The office may bring an administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, to enforce a provision of the notice (U.C.A. 62A-11-407(2)).
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7.1. What are the penalties to an employer for failure to remit payments withheld?
Liability for willfully failing to withhold is $1,000, or the accumulated amount which should have been withheld, whichever is greater. Liability for late payments is $50, or 10% of the withheld amount for each late payment, whichever is greater.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
The withholding request must be sent to Utah's IV-D agency. The Unemployment Compensation Agency is not defined as an employer.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes, if the other jurisdiction does not have an open case with ORS. If there is an open case, then ORS must facilitate wage withholding.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
Lien Levy Action. Utah will honor a lien request from another state on NCP's account held in a financial institution in Utah. A Child Support Enforcement Transmittal #3 requesting the action will suffice.
10. How does a noncustodial parent contest an income withholding in your state?
Send in a written request contesting income withholding within 15 days of receiving a copy of the income withholding order (U.C.A. 62A-11-404).
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
If the obligor's income is not enough to cover all claims, current support claims are honored first and any remaining amount available to apply to arrears balances is divided equally among all arrears claims. If there is not enough money to cover all current support claims, current support is prorated.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
There are no specific mandatory deductions. However, barriers to employment can be reviewed as part of determining gross income. A parent may request a credit if they have custody of a child not included in the action or for insurance premiums. In order for barriers or credits to be considered, a parent must submit a copy of the Financial Statement to ORS.
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13. When does your state require the employer to send notice of an employee's termination?
The employer must provide notification within five days after the obligor terminates employment or income terminates.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
If the obligor's income is not enough to cover all claims, current support claims are honored first and any remaining amount available to apply to arrears balances is divided equally among all arrears claims. If there is not enough money to cover all current support claims, current support is prorated.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
PRWORA distribution.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Utah Administrative Rule R527-330 establishes that when an obligor has not expressed intent for a support payment, the payment is prorated between all the obligor's current support obligations. Once current support obligations are met, the payment is split equally between all the cases with support arrears. A payment to support arrears is applied to the oldest debt, and support arrears owed to the family are paid before support arrears owed to the state.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Utah Administrative Rule R527-330 establishes that when an obligor has not expressed intent for a support payment, the payment is prorated between all the obligor's current support obligations. Once current support obligations are met, the payment is split equally between all the cases with support arrears. A payment to support arrears is applied to the oldest debt, and support arrears owed to the family are paid before support arrears owed to the state.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Liens and levies.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
The Child Support Enforcement Transmittal #3 - Assistance/Discovery, copies of court orders (including 1 certified copy) and copies of any additional documents. The following criteria must also be met and verified: the sum of the arrears debts is greater than three times the current support amount due. This does not apply to arrears only cases; the sum of the arrears balance for the case is $150 for TANF debts and $500 for Non-TANF debts; and the NCP must have a complete address and SSN.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
The IV-A arrears balance is greater than $150.00 or the Non-IV-A arrears balance is greater than $500.00, and the total arrears balance for the case is greater than three times the current support due and the obligor has a complete address, date of birth, and primary social security number listed with the case information.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Experian, TransUnion, and Equifax.
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
The report is deleted once the reported arrears balance is reduced to zero or when the case is closed.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No, this is the initiating state's responsibility.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. $150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at least more than one month delinquent.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. There is no minimum required past-due amount.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. The minimum required past-due amount is $150 for TANF and $500 for non-TANF.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. $150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at least more than one month delinquent.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No, this is the initiating state's responsibility.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Yes. ORS will not initiate a lien-levy action if the sole source of funds in the account is from federal or state welfare programs, such as Supplemental Security Income (SSI). ORS will not initiate a lien-levy action on trust accounts if NCP does not have access to the account. ORS will not initiate a lien-levy action on a checking account with a balance below $1,000.00, and Utah will only levy on any amounts in excess of $1,000.00 in a checking account.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No.
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16. Is the financial institution attachment process in your state centralized and/or automated?
No.
17. What are the criteria to attach an account in a financial institution in your state?
The NCP must owe arrears totaling at $150 in IV-A debts and/or $500 in Non-IV-A debts; an Annual Notice of Past Due has been sent to the NCP; NCP is not in bankruptcy; NCP is not receiving State assistance; and The NCP must be able to immediately access the account in order for the account to be subject to lien-levy. Refer to #15 above.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No.
For Additional Information - No Link Provided
19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
The Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery, the Child Support Agency Confidential Information Form with information on the noncustodial parent, and copies of all applicable court orders. Include the name of the financial institution, the account number, any joint account owner name, and the amount to be levied. The total IV-A arrears balance must exceed $150 and/or the total Non-IV-A arrears balance must exceed $500. For checking accounts, only amounts in excess of $1000 will be levied.
20. Does your state's income withholding definition include amounts in financial institutions?
No. Income includes earnings, compensation, or other payment due to an individual, regardless of source.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. The state sends a copy of the Notice of Lien-Levy to the NCP.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
The financial institution must hold the funds for 21 calendar days following receipt of the Notice of Lien-Levy.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
No. The Notice is valid for 60 days. The financial institution must surrender funds to ORS in 21 days.
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
100% up to the amount of past due support owed, excepting checking accounts as per #15 above. NCP's accounts are subject to lien-levy authority even if the account is held jointly (e.g. the account is in the names of NCP and an unobligated spouse).
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
NCP may contest the lien-levy action by making a written request for an administrative review or adjudicative proceeding under the Utah Administrative Procedures Act. An unobligated joint owner may only request an agent review, with a written request.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
No payment for 60 days on a current child support obligation. We do not revoke an obligor's driver's license but we may suspend a driver's license (U.C.A. 62A-11-602).
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
ORS will rescind a suspension order if the obligor pays the full amount of the obligor's arrears obligation; enters into, and complies with, a payment agreement for the current support obligation and arrears; or the obligor is not currently delinquent on a child support obligation.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes. A temporary limited driver license may be issued if the obligor needs a driver license for employment, education, or child visitation. The temporary license automatically expires after 90 days.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
Pursuant to U.C.A. 62A-11-107, the attorney general has the power to pursue a suspension/revocation of a professional license. Pursuant to U.C.A. 78B-6-315, '(4) A court may, in addition to other available sanctions, withhold, suspend, or restrict the use of driver's licenses, professional and occupational licenses, and recreational licenses and impose conditions for reinstatement upon a finding that: (a) an obligor has: (i) made no payment for 60 days on a current obligation of support as set forth in an administrative or court order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the support obligation in accordance with the order; or (ii) made no payment for 60 days on an arrearage obligation of support as set forth in a payment schedule, written agreement with the Office of Recovery Services, or an administrative or judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the arrearage obligation in accordance with the payment schedule, agreement, or order; and (iii) not obtained a judicial order staying enforcement of the support or arrearage obligation for which the obligor would be otherwise delinquent. . .' In order for ORS to pursue a judicial action, a referral to the Attorney General's Office (AGO) is necessary. The several criteria for ORS referral to the AGO for a judicial civil contempt action are found in ORS policy, CS 838 Civil Contempt for Non-Payment of Child Support. ORS Public Policy can be found at: https://ors.utah.gov/child-support/public-policy/table-contents/
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
ORS will rescind a suspension order if the obligor pays the full amount of the obligor's arrears obligation; enters into, and complies with, a payment agreement for the current support obligation and arrears; or the obligor is not currently delinquent on a child support obligation.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
If an individual owes at least $2,500 in adjudicated arrears for a child support obligation, the individual has not obtained a judgment staying the enforcement of the support obligation, or if ORS has obtained a statutory judgment lien pursuant to U.C.A. 62A-11-312.5, then that individual may not apply for, obtain or attempt to obtain a license, permit, or tag for hunting or fishing under the Utah Division of Wildlife Resources.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
The license restriction remains in effect until ORS notifies the Division of Wildlife Resources that the restricted individual has paid the delinquency in full or complied with a payment schedule with ORS for 12 consecutive months.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
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36. What are the criteria for initiating/filing a lien in your state?
The obligor's arrears total is at least $150.00 in IV-A debts or $500.00 in Non-IV-A debts; the obligor is one month delinquent on support; the Annual Notice of Past-due Child Support was generated and at least 35 days have elapsed; there is no good cause to proceed without the custodial parent's involvement; and there is no bankruptcy.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
The process is administrative.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes, judicially. However, the IV-D agency does not currently execute on real property.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, the process is administrative.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
No. Utah does not have any gaming/gambling, or lottery. We do not intercept these payments.
40.1. If yes, is this enforcement judicial, administrative, or both?
N/A.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Automated Annual Notice of Past-due Support.
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
U.C.A. 78B-6-310. Contempt ' Action by court: 'The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both. However, a justice court judge or court commissioner may punish for contempt by a fine not to exceed $500 or by incarceration for five days or both.'

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
There are four categories for review: three year review if the child(ren) is receiving IV-A cash assistance; a three year review with a substantial change in circumstance not required; a substantial change (≥10%). In circumstances with fewer than three years since the order was issued; and the obligor is incarcerated for more than 180 calendar days.
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2. What is your state's modification procedure? Briefly describe.
If a modification is requested, we collect updated income information from both parties. Once received, we review the income for a substantial change in circumstances (greater than or equal to 10%). If the case qualifies for modification, then we proceed with creating an updated order that reflects both parties' income.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
If the order is at least three years old, then the new award must be at least 10% higher or lower than the current award and must not be temporary in nature. If the order is fewer than three years old, then the new award must be at least 15% higher or lower than the current award, there must be proof of a substantial change in circumstances, and the difference is not temporary in nature.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
See below.
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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes.
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4.4. The cost of living has changed.
No.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No.
4.6. There has been a substantial change in childcare expenses.
No.
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Pursuant to U.C.A.78B-12-210(9), a substantial change may include: '(b) material changes in custody; material changes in the relative wealth or assets of the parties; material changes of 30% or more in the income of a parent; material changes in the employment potential and ability of a parent to earn; material changes in the medical needs of the child; or material changes in the legal responsibilities of either parent for the support of others.'
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
No.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Our state does not have a definition for a lump sum.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Our state uses the income-withholding order and the lien-levy process. We use the NLLI ' Notice of Lien/Levy, Other Than Financial Institution to attach non-lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No, we do not recover costs in excess of any fees collected to cover administrative costs.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
N/A
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, genetic testing costs.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
The fee is paid by the CP and it is retained from the child support collection after $500.00 has been disbursed to the CP within a one-year period. The one-year period is measured from October 1 through September 30 of each year, beginning October 1, 2006 (federal fiscal year). The fee is collected from the CP, even in cases where the NCP is the applicant.
3.1. Is it retained by the state from support collected?
Yes.
3.2. Is it paid by the individual applying for child support services?
The fee is collected from the CP, even in cases where the NCP is the applicant.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
For Additional Information - No Link Provided
2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
N/A
3. What process does your state use to intercept insurance payments?
Notice to Withhold and Notice of Lien/Levy.
For Additional Information - No Link Provided
4. How does another state initiate and intercept collections from your states workers compensation agency?
Other states can initiate and intercept workers' compensation payments directly from Utah's Workers' Compensation Fund Insurance. Contact the Utah Workers' Compensation Fund Insurance to determine how the benefits are being paid then send the appropriate paperwork to intercept that payment. The Workers' Compensation Fund Website is: https://www.wcf.com/
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Not at this time.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
N/A

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
If you are requesting a certified copy of an administrative order, send the request with a Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery. If you are requesting a certified copy of a judicial order, the request must be sent directly to the appropriate court.
For Additional Information - No Link Provided
2. What are the procedures and associated costs for obtaining a certified payment record?
Send a request on the Child Support Enforcement Transmittal #3 requesting the certified payment record. There is no cost for a certified payment record.
For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
Title 78, Chapter 14, Utah Uniform Interstate Family Support Act.
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2. How does your state define the tribunal (See UIFSA 103)?
U.C.A 78B-14-102 contains definitions for the chapter governing UIFSA. '(7) 'Foreign tribunal' means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention.' '(29) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.'
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
One set of documents including one certified copy of the order(s) to be registered.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
No.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
None.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
Yes.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Personal service can be made by the following individuals: Sheriff; Constable; Deputy of either the sheriff or constable; Process service contractor; or, State employee over the age of 21.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Cash medical support, a provision requiring the purchase and maintenance of health insurance, and a designation of a primary and secondary medical insurance carrier. U.C.A. 62A-11-326
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. The use of mediation, conciliation, or similar processes depends upon the facts of the case. Pursuant to U.C.A. 62A-11-304.2 '(5) The office may accept voluntary acknowledgment of a support obligation and enter into stipulated agreements providing for the issuance of an administrative order under this part.'
6. What circumstances will cause your state to end child support before the normal duration?
The child emancipates before the normal duration; the child is not considered legally emancipated, but has been tried as an adult and convicted of a crime; the child enters military service prior to the normal duration; the child is married; he child dies; or the child is adopted by someone other than the non-custodial parent.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
ORS must disburse all payments to the foreign initiating country within two business days.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
N/A
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
N/A