Title 40, Title 40

(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…

(1) The department may at any time modify the order to withhold income to: (a) reflect payment in full of the arrearages by income withholding or otherwise; (b) recognize an increase or decrease in the support order; or (c) indicate any other reason the amount to be withheld is t…

(1) The department, in collecting, disbursing, or receiving payments pursuant to orders to withhold income, shall maintain complete, accurate, and clear records of all payments and disbursements. (2) Certified payment records maintained by the department must, without further pro…

(1) If an obligor who would otherwise be subject to immediate income withholding under 40-5-411 demonstrates good cause not to require immediate income withholding and the department concurs, the department may enter into a written agreement with the obligor that provides for an …

(1) A payor who has been served with an order to withhold and deliver income shall deduct the amount designated in the order beginning not later than the first pay period that occurs after service of the order. The payor shall, within 7 working days of the date the obligor is pai…

(1) An employer may not discharge, discipline, or refuse to hire an obligor: (a) because the person has a child support obligation; or (b) because of the institution of income withholding on the obligor's income or the initiation of proceedings under this part. (2) Any person who…

An order to withhold and deliver income by any Title IV-D agency takes priority over any: (1) wage or income deduction order under any other state law and any income-withholding order issued in another state and sent to a payor in this state by a non IV-D agency; (2) voluntary or…

(1) A payor who fails to withhold and deliver support money from the obligor's income when ordered to do so under 40-5-415 is liable to the department for any amount up to the accumulated amount the payor should have withheld and delivered. (2) No payor who complies with an order…

(1) Whenever an obligor, whether or not the obligor resides in this state, derives income within this state and an order for income withholding of the obligor's income has been issued by another IV-D agency as a means to enforce support orders under Title IV-D of the Social Secur…

(1) Whenever an obligor resides in this state and derives income within this state and a support order issued in another jurisdiction is being enforced by a public agency of that jurisdiction pursuant to Title IV-D of the Social Security Act, that agency may apply to the departme…

(1) If the department determines that the obligor is no longer employed in this state or no longer derives income within this state, the department shall promptly notify the agency that requested income withholding of the changes and shall forward to that agency all information i…

Whenever the department is authorized or required under the laws of this state to enforce and collect on a support order and the obligor is employed or has a source of income outside of the state, the department shall request the Title IV-D agency responsible for income withholdi…

(1) For the purposes of this part, upon written request by the department or by another IV-D agency, a payor or former payor and any labor union of which the obligor or obligee is or may have been a member shall provide the requester with the following information, if known, rega…

(1) For purposes of this section, "support" means child support; spousal support; health insurance, medical, dental, and optical payments; day-care expenses; and any other payments due as support under a court or administrative order. Submission of health insurance claims is a su…

As used in this part, the following definitions apply: (1) (a) "Child" means: (i) a person under 18 years of age who is not emancipated, self-supporting, married, or a member of the armed forces of the United States; (ii) a person under 19 years of age who is still in high school…

(1) Upon the petition of an obligee alleging the existence of a delinquency or upon the failure of an obligor to comply with a subpoena or warrant, a support enforcement entity may issue a notice of intent to suspend a license. (2) The notice must be served upon the obligor perso…