Title 40, Title 40

(1) (a) The department may issue a warrant for distraint to execute support liens established by 40-5-248 or to enforce and collect any money obligation authorized under this chapter. (b) The warrant must be an order, under official seal of the department, directed to a sheriff o…

(1) There is a support lien on the real and personal property of an obligor: (a) when the department has entered a final decision in a contested case under this chapter that finds the obligor owes a sum certain debt either to the department or to an obligee, or both; or (b) upon …

At any time after notice to the obligor, the department may set or reset a level and schedule of payments to be paid upon the debt consistent with the income, earning capacity, and resources of the obligor.

(1) The department may collect interest on any support debt due and owing to it at the statutory interest rate payable on judgments recovered in the courts of this state. (2) No provision of this part may be construed to require the department to maintain interest balance due acc…

(1) It is the intent of this part that administrative findings and orders be subject to judicial review, but administrative remedies must be exhausted prior to judicial review. The administrative procedures described in this part are subject to review in the appropriate district …

Support debts ensuing as a result of determinations made through the administrative procedures described in this part are subject to statutory limitations as set forth in Title 27, chapter 2.

(1) Any support debt due the department from an obligor, which debt the department determines uncollectible, may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset. If a warrant for distraint has been filed and the support debt has…

No employer may discharge or prejudice an employee for reason that an assignment of earnings has been presented in settlement of a support debt or that a warrant for distraint has been served against the employee's earnings. This provision does not apply if more than three warran…

(1) Any person, firm, corporation, association, political subdivision, or department of the state employing an obligor shall honor, according to its terms, a duly executed assignment of earnings, whether executed voluntarily or pursuant to a support order presented by the departm…

(1) The department may make information about a support debt available to consumer reporting agencies, as defined in 31-3-102, upon request. The department may charge a fee to recover the cost of responding to requests for support debt information. The department shall provide ad…

The department shall adopt rules to implement this section, including rules: (1) providing for advance notice to the obligor of support debt information requested under 40-5-261; (2) establishing the procedure for contesting the accuracy of information proposed for release to con…

(1) The department shall establish a clearinghouse for the registration of all IV-D cases referred to the department. The clearinghouse shall serve as the central point for the receipt and dissemination of information regarding IV-D enforcement requests, including but not limited…

(1) The department may enter into cooperative agreements with any person, firm, corporation, association, political subdivision, Indian tribe or tribal organization as defined in 25 U.S.C. 450b, or department of this state as a cooperating contractor to provide enforcement servic…

(1) The department may, for the purpose of review and modification proceedings under 40-5-272 and 40-5-273, register support orders issued by a court or administrative agency of another state, an Indian tribe, or a country. Registration of the order under this section does not co…

(1) Upon the application of the department, the obligor, or the obligee, a support order issued by a district court of this state or by a court or administrative agency of another state, tribe, or foreign country as defined in 40-5-1002 or a previously issued administrative suppo…

(1) Upon receipt of a review application setting forth facts meeting any of the criteria for review of a child support order established in 40-5-272, a notice of administrative review and an order for the production of financial information, if appropriate, must be served either …

(1) Upon receipt of a timely request for hearing from a party, the department shall schedule an administrative hearing. The hearing is a contested case as defined in 2-4-102 and must initially be conducted by teleconferencing methods. At the request of a party or upon a showing t…

A party may apply for a limited review to address a specific change that occurred after a support order was entered, that is not caused by an increase or decrease in a party's annual net income, and that may have other effects on the existing support order. It is presumed that al…

(1) A support order issued or modified under this part must contain a provision requiring the child support obligation to be paid to: (a) the legal custodian of the minor child; (b) a person, organization, or agency to which the legal custodian voluntarily or involuntarily relinq…

(1) In a proceeding under this chapter to enforce a support order, if an obligor claims inability to pay support because of unemployment or underemployment, the department may order the obligor to seek suitable employment and make progress reports on that activity to the departme…

This part may be cited as the "Child Support Income Deduction Act of 1981".

(1) The purpose of this part is to provide a direct method of deducting money from a person's income for the payment of child support. (2) Income withholding under this part is available without amendment of the support order even though the support order did not provide for with…

(1) If an obligor is exempted from immediate income withholding under 40-5-315 or is not otherwise subject to an income-withholding order, the obligor's income may be withheld for the payment of child support if the obligor becomes delinquent in the payment of support, a person o…

(1) Nonpayment of child support required by a district court or administrative order or by a similar order of a court of another jurisdiction becomes delinquent under this part 8 working days after the last day of the month in which the payment is due. (2) Child support payments …

(1) A party initiating income deductions under this part shall serve the obligor with notice if: (a) an order for immediate income deductions is issued because of a delinquency; (b) additional delinquencies accrued subsequent to the issuance of an income-deduction order and the r…

(1) In a case in which only arrears are owed, if the obligor pays the total amount of child support in arrears within 15 days after service of the notice specified in 40-5-305, an order for deduction may not issue. This discharge of delinquency does not affect or otherwise limit …

If, within 15 days after service of a notice under 40-5-305, the obligor responds to the notice and denies that income withholding initiated because of a delinquency is proper or denies that the amount or arrearages stated in the notice is owing, the district court shall hold a h…

(1) The court may authorize the requesting party to continue an immediate income-deduction order issued because of a delinquency, may modify an existing deduction order, or may authorize issuance of an income-deduction order if: (a) the obligor fails to timely respond to the noti…

(1) (a) The amount of money to be deducted each pay period from the obligor's income is: (i) (A) the amount of money necessary to pay current installments of child support as they become due and payable; plus (B) the amount of money that, when deducted in equal amounts each pay p…

An order for the deduction of income for the payment of child support payments takes precedence over any: (1) assignment of income; (2) voluntary deductions from the obligor's income; and (3) other court-ordered garnishment of income.

The remedy provided in this part for the collection of unpaid child support is not exclusive. This part provides a remedy in addition to all other remedies in law available to obligees of unpaid child support.

(1) A payor who has been served with an order for deduction under this part shall deduct the amount designated in the order beginning not later than the first pay period that occurs after 14 days from the service of the order. The payor shall, within 7 working days of the date th…

(1) An employer may not discharge, discipline, or refuse to hire a person because: (a) the person has a child support obligation; (b) a withholding order has been issued for the person's income; or (c) proceedings have been initiated under this part. (2) An employer who violates …

(1) A payor who purposely and knowingly fails to deduct support money from the obligor's income and remit the money when ordered to do so under this part is liable to the obligee of the support order for any amount up to the accumulated amount the payor should have deducted and r…

(1) Notwithstanding any provision in this part requiring a delinquency as a prerequisite to an order for income deductions, except as provided in subsection (2), the income of a person obligated to pay child support by an order of a district court issued after October 1, 1991, is…

This part may be cited as the "Child Support Enforcement Act".

(1) The purpose of this part is to provide a more effective and efficient way to guarantee the support of dependent children by the person or persons primarily responsible for such support by ensuring that the support of children is the highest priority in the allocation of a res…

As used in this part, the following definitions apply: (1) "Alternative arrangement" means a written agreement between the obligor and obligee, and the department in the case of an assignment of rights under 53-2-613, that has been approved and entered in the record of the court …

(1) (a) The remedies provided in this part are in addition to and not in substitution for any other remedy that may otherwise be available to the department, and the department may simultaneously pursue other remedies to enforce a support obligation or to collect support arrearag…

The department shall adopt rules and forms to participate in and carry out the provisions of this part.

(1) Except as provided in subsection (4), in the case of a child support order, whether temporary or final, that is issued by a court or administrative authority of this state after January 1, 1990, the income of the obligor is subject to immediate withholding under this part reg…

(1) (a) In the case of support orders not subject to immediate income withholding under 40-5-411, including cases in which the court or administrative authority has made a finding of good cause or determines that an alternative arrangement exists, the income of the obligor is sub…

(1) The department shall serve the obligor with a notice if: (a) income withholding is initiated because of a delinquency; (b) additional arrearages accrued subsequent to the issuance of an order to withhold and the department proposes to add those arrearages to an existing withh…

(1) (a) To contest the withholding of income initiated because of a delinquency or the modification of an existing order to withhold, an obligor may within 10 days of being served with notice of income withholding under 40-5-413 file with the department a written request for an a…

(1) When the requirements of this part have been met, the department shall serve an order or modification order to withhold and deliver income upon any payor or combination of payors. The order must: (a) direct the payor and successor payors to withhold from the obligor's income …

(1) (a) Subject to the limitations provided in subsection (2), the amount of funds to be withheld each month from the obligor's income must be the amount of money necessary to pay current installments of support as they become due and payable. (b) If income is being withheld to s…