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Utah State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Four offices (Northern, Central and two Southern offices).
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
U.C.A. 78B-12-113, U.C.A. 78B-15-110, U.C.A. 78B-14-307(6), U.C.A. 62A-11-107(6)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No, however, the Bar does have a number of opinions on issues surrounding the attorney-client relationship.
A2.3. If yes, please explain.
http://www.utahbar.org/opc/eaoc/

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Title 78 Chapter 14
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One set of documents including one certified copy of the order(s) to be registered.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
None
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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.

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age. 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)
D2. What is the statutory citation for the age of majority?
The statutory citation for emancipation is found at U.C.A. 78B-12-21.
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D3. 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. For order issued prior to July 1, 1994, the age when child support is automatically terminated is 18.
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
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.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
A court order of any date may extend the usual age of emancipation.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
U.C.A. 78B-12-219 states, ". . .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."
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
We will not open a case when all children have emancipated unless the parties supply a judicial determination of arrears (judgment) dated within a year of application.
D8.1 If not, how does this affect interstate referrals?
All incoming referrals from other states will be accepted if there is a valid order.

E. Statute of Limitations

E1. What is your State's statute of limitations for 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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E2. What is your State's statute of limitations for paternity establishment?
The child's 18th birthday; 4 year statute of limitations on arrearages when establishing paternity is pursued privately. The IV-D office does not pursue arrears on paternity cases prior to the date of the paternity notice.
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
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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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares.
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.

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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If the uninsured medical portion has been reduced to a sum-certain judgment by the parent.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
If the obligee is the applicant he/she is charged the payment processing fee which is 6% of the payment amount for each payment applied to the case, not to exceed $12.00 per month and the Federal Tax offset of $25.00. The payment processing fee is charged to the applicant; either the obligor or the obligee.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
If the obligor is the applicant, he/she is charged the payment processing fee which is 6% of the payment amount that allocates to the case, not to exceed $12.00 per month. Also, for Utah orders dated January 1, 1994 through July 1, 1997, the obligor is charged for each payment made by income withholding ($3.50 per check with a $7.00 limit per month).
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Genetic testing costs.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
U.C.A. 78B-3-202, 78B-3-205, and 78B-14-201 allow the Office of Recovery Services/Child Support Services (ORS/CSS) to use long-arm jurisdiction over a non-resident in several different situations.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
ORS/CSS will not establish spousal maintenance but will enforce and modify in conjunction with a child support obligation. Utah will not enforce spousal support if there is no child support obligation on the case.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
If the parties wish to receive a present family credit in establishment or modification, information on the new spouse will be required before the credit can be calculated.
F10.1. Optional comments regarding required information on spouse or partner.
none
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
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 time period. The one-year time period is measured from October 1 through September 30 of each year, beginning October 1, 2006 (federal fiscal year).
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
The fee is collected from the CP, even in cases where the NCP is the applicant.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
No.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution ordering rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Verification of a change in the physical custody of the child (support follows the child).
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Verification of a change in the physical custody of the child (support follows the child).
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Legal custody or guardianship granted to 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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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
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 time period. The one-year time period is measured from October 1st through September 30th of each year.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Will review on a case by case basis with the Attorney General's Office.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
N/A

G. Income Withholding

G1. What specific source of income is 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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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Employers may charge a one-time fee of $10.00 for a single garnishment and $25.00 for a continuing garnishment.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
The first pay period within five working days from the date the employer received the income withholding order.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 days.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
1. Initiate an administrative action pursuant to the Administrative Procedures Act to enforce the income withholding order; or, 2. Proceed with a civil action. (U.C.A. 62A-11-407(2))
G7. What is the penalty 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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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
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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G8.2. What documents are required to intercept UI benefits?
A UIFSA Interstate Referral requesting direct income withholding for unemployment is needed.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Send the income withholding order directly to the workers' compensation agency.
G10. How does an obligor contest 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-11-405)
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
If the obligor's income is not sufficient 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.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Utah employers may contact the Office of Recovery Services/Child Support Services to establish priorities for allocating the support withheld. Out-of-state employers should contact the non-custodial parent's work state to establish priorities for allocating the support withheld.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. 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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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Employers should retain the order until the employer is notified that the order has been terminated. (U.C.A. 62A-11-408(3))
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
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 during this time period are subject to this fee.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes. Direct online payments can be made using a credit card at http://ors.utah.gov/.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Direct income withholding orders can be sent to an employer, financial institution (i.e., an entity that holds or receives deposits, savings or share accounts), and the workers' compensation agency.
For Additional Information - No Link Provided
G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Current child support and medical support must be collected before arrears. Income withholding, including the obligor's costs for the monthly insurance premium, should not exceed 50% of the obligor's disposable income unless the obligor meets the criteria in the Consumer Credit Protection Act (CCPA) for withholding up to 65%. If 50% of the obligor's disposable income will not meet current child support and medical support, determine if the obligor meets the CCPA criteria for a higher withholding percentage.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Utah Administrative Rule R527-330 establishes that when an obligor has not expressed intent for a support payment, the payment is pro-rated between all of the obligor's current support obligations. One current support obligations are met, the payment is split equally between all of 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.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Utah Administrative Rule R527-330. Posting Priority of Payments Received.
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
At least 99%.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
It is conclusive unless it is successfully challenged or rescinded.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
05/16/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Court action required or genetic test results.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Paternity can only be established by a court or tribunal order, presumption, or by signing a valid voluntary declaration of paternity.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
N/A
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Mother and father were married to each other and the child is born withing 300 days after the marriage is terminated.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Department of Health/Office of Vital Records and Statistics.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Paternity must still be legally established. A request to have a common law marriage must be made during the relationship or within one-year after its termination. The common-law standard went into effect in 1987.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?

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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
teleconferencing
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
U.C.A. 78B-3-205, 78B-13-110 through 204, and 78B-14-201.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
As requested by other state.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Father's name on birth certificates does not mean paternity is conclusively determined, only evidence of paternity. However, if a child was not born during a valid marriage, a voluntary acknowledgment of paternity is required.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set of document with a paternity affidavit for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Primarily Administrative, Judicial as needed.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
No prior judicial order exists or a prior judicial order authorizes use of administrative process.
I1.2. Under what circumstances would a judicial process would be used?
A prior judicial order exists, is in process, or involves a minor parent. U.C.A. 62A-11-304.2, 63G-4.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
U.C.A. 62A-11-301 through 328, authorizes the administrative process; U.C.A. 63G-4 Utah Administrative Procedures Act (UAPA).
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
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.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Amount would be unjust, inappropriate, or not in the best interest of the child.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In conjunction with establishing a current support obligation only. Non-paternity cases: prior period up to four years at time of notice, but not to exceed the earlier of the IV-A date of eligibility or date of IV-D application on Non-IV-A cases. Paternity cases: prior period from date of paternity notice forward (no arrears are pursued on paternity cases).
I4.2. What information or documentation does your State require to proceed?
An application for services, date of IV-A eligibility, and parents income information.
For Additional Information - No Link Provided
I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Cannot establish support for prior periods on emancipated child(ren). Cannot establish support for periods which exceed date of IV-A eligibility (four years maximum), or prior to the date of application on Non-IV-A cases.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity and order establishment, modification of existing administrative orders.
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I6. What is your state's statutory authority for the administrative process?
Utah Administrative Procedures Act (UAPA) U.C.A. 63G-4.
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I7. Is there a local state law that allows an interstate administrative subpoena?

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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
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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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes
I10. 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?
Utah relies on the issuing state's laws to determine whether support follows the child and under what circumstances.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Establishment because because there is no dollar amount.
I12. 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 custodian obtain legal custody before a support order is modified or established?
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 of 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.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
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 of 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.
I14. 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.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Cash medical support.
I17. Please provide the relevant statutory or case law citation. **
U.C.A. 62A-11-326
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
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."

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative
J2.1. What are the trigger criteria for filing a lien?
$150 TANF, $500 Non-TANF - one month delinquent, received annual notice plus 35 days delinquent, no bankruptcy, and no good cause.
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J2.2. Where are your state liens filed?
County.
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial. However, the IV-D agency does not currently execute on real property.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Judicial and Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When case becomes delinquent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The State.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Simultaneously.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at least more than one month delinquent. No account exempt.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF. The value of the asset must exceed the costs associated with the asset seizure.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
One month or 35 days from the date of the Annual Notice of Past Due Support.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
Yes
J5.4.1. If yes, provide the percentage.
Any amount available over a $2,000.00 threshold.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Any portion that can be shown to belong to a non-obligated joint owner will not be levied.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes, current IV-D agency procedures require over $1,000.00 balance for a levy of checking accounts. No minimum balance requirements for any other type of account.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State, prior to issuing the lien; Financial Institution after receiving the lien.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
15 Calendar days.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
15 Calendar days.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
- Case is currently under administrative review. - Some or all funds are exempt as they are from Federal or State benefits. - Not the obligor. - Some or all funds do not belong to the obligor. - Contesting the past-due amount alleged.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Both.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
15 calendar days from date of notice. Financial institution sends non-debtor notice if non-debtor lives at a different address. IV-D agency sends notice to non-debtor if non-debtor lives at same address as obligor. Non-debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Not centralized. Not automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes.
For Additional Information - exit disclaimer
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
21 Calendar Days.
For Additional Information - No Link Provided
J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative.
J7. Describe any other administrative enforcement procedures your state may have.
Automated Annual Notice of Past-due Support (Super Notice).
J8. Describe any other judicial enforcement procedures your state may have.
Driver License suspension.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
File an Interstate Lien with the appropriate Clerk of Court where the property is located.
For Additional Information - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
All administrative enforcement procedures are available, as long as the orders are not contested.
J11. Describe your state's procedures for registering and enforcing another state's order.
Judicially referred.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
None.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.
See 62A-11-315.5, Enforcement of Liens Arising in Another State. All administrative enforcement procedures are available, as long as the orders are not contested.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
The Annual Notice of Past-due Child Support plus an additional 35 days.
J15. To which credit bureaus does your state report an obligor's child support information?
Experian, TransUnion, and Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Liens and levies.
J19. 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: 1. The sum of the arrears debts is greater than three times the current support amount due. This does not apply to arrears only cases. 2. The sum of the arrears balance for the case is $150 for TANF debts and $500 for Non-TANF debts. 3. The NCP must have a complete address and SSN.
J20. What mandatory data elements does your state need to process AEI requests?
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: 1. The sum of the arrears debts is greater than three times the current support amount due. This does not apply to arrears only cases. 2. The sum of the arrears balance for the case is $150 for TANF debts and $500 for Non-TANF debts. 3. The NCP must have a complete address and SSN.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
J22. How many copies/sets of documents does your state require with an AEI request?
One copy.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
1. The sum of the arrears debts is greater than three times the current support amount due. This does not apply to arrears only cases. 2. The sum of the arrears balance for the case is $150 for TANF debts and $500 for Non-TANF debts. 3. The NCP must have a complete address and SSN.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the 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.
J25. What is the procedure for obtaining a certified copy of a court order?
If you are requesting a certified copy of an administrative order send 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.
J26. What is the procedure for obtaining a certified payment record?
Send a request on the Child Support Enforcement Transmittal #3 requesting the certified payment record.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is no cost for a certified payment record.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
We do not revoke an obligor's driver's license but we may suspend a driver's license.
J29. What triggers a driver's license revocation?
No payment for 60 days on a current child support obligation. (U.C.A. 62A-11-602)
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No.
J29.2 If yes, what is the amount?
N/A
J30. Under what conditions may a noncustodial party restore the driver's license?
Pay arrears in full or enter into a payment agreement and comply for six consecutive months.
J30.1 What is the process for restoring a driver's license?
Rescission of an order to suspend driver license.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
A temporary limited driver license may be issued if the obligor needs a driver license for employment, education, or child visitation.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
$150 minimum delinquency for TANF, $500 minimum delinquency non-TANF and at least more than one month delinquent.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No, this is the initiating state's responsibility.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No, this is the initiating state's responsibility.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
If a dependent is receiving a benefit under RSDI the NCP would likely receive credit for that benefit off of child support. However, if the RSDI benefit is owed directly to the CP (not a result of a child's benefit) then the NCP would not receive credit.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years or as requested.
For Additional Information - exit disclaimer
K2. Briefly describe your state's modification procedure.
By request of the CP, NCP or by the request of the state.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Income information is gathered and the state guidelines are applied. Modifications are pursued when amount of change meets the statutory threshold.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Refer to U.C.A.78B-12-210.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
U.C.A. 78B-12-203 states: "(8)(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."
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
During periods of extended parent-time and for prison only if a reduction provision was included in the original support order.
K7.2. What is the statutory citation for your abatement law?
Parent-time reduction. For prison only if a reduction provision was included in the original support order.
For Additional Information - exit disclaimer
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Parent-time reduction: UCA 78B-12-216 Support Follows the Child: UCA 78B-12-108. No statute cite for prison abatement.
For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Refer to: http://www.health.utah.gov/vitalrecords/main/forms.html
K8. What information does your state require to register an out-of-state order for enforcement/modification?
A request to register an out-of-state order must include: Child Support Enforcement Transmittal #1 - Initial Request; a controlling order determination; a certified copy of all orders to be registered, including any modifications of the order; a registration statement for each order that is to be registered; a sworn statement from the party seeking registration or a certified statement by the records custodian showing the amount of any arrearage; the name of the obligor (if known include the ssn and address, any employer including name and address and a description and the location of property in the responding state not exempt from execution); the name and address of the obligee; the agency or person where support payments should be remitted to.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
yes, but payment amount may change based on circumstances of the case.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
yes, but payment amount may change based on circumstances of the case.
K10. 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 into military service prior to the normal duration. The child is married. The child dies. The child is adopted by someone other than the non-custodial parent.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
N/A
L1.2 Provide the statutory citation.
N/A
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
NLLI - Notice of Lien/Levy, Other Than Financial Institution
L8. What other documents does your state use to attach lump sum payments?
none
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
no
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
no
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
L9.4. If no, what percentage is the employer required to withhold?
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
The notice to withhold is a federal form which informs employers of withholding limitations and prioritization of withholding.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
We manage the process ourselves.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Conduent
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes, the debit card is used for TANF and food stamps.
L13.1 If so, are there fees involved?
Fees may be involved but the card can be used without incurring fees as well.
L14. What are the fees associated with using the card?
$0.85 transaction fee for all out-of-network ATM withdrawals. ATM Surcharge - fee varies at out-of-network ATMs. $1.50 monthly inactivity fee after 12 months of no activity.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made by electronic funds transfer. Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be made by check. Payments may be made by electronic funds transfer (if the country has eft set up).
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
Utah does not have an IBAN number.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
N/A
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
NA
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Pursuant to U.C.A. 62A-11-304.1, "(1)The office may, without the necessity of initiating an adjudicative proceeding or obtaining an order from any other judicial or administrative tribunal, take the following actions related to the establishment of paternity or the establishment, modification, or enforcement of a support order, and to recognize and enforce the authority of state agencies of other states to take the following actions: ...(h) secure assets to satisfy past-due support by: (i)intercepting or seizing periodic or lump-sum payments from: (A)a state or local government agency, including unemployment compensation, workers' compensation, and other benefits..."
M3.1. Provide the statutory citation.
U.C.A. 62A-11-304.1(1)(h)
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice to Withhold and Notice of Lien/Levy
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
If an action is taken, concurrent notice is sent to the NCP.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
N/A
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
N/A
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
N/A
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Other states can initiate and intercept workers' compensation payments directly from Utah's Workers' Compensation Fund Insurance.
M7.1. What is the process, the points of contact, and what forms?
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/.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes