Spousal Support (Alimony)

CASE MANAGEMENT

CS 057P Spousal Support (Alimony)

10/88 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 12/30/24

42 U.S.C. 654; 22 CFR 51.60, 45 CFR 301.1, 45 CFR 302.31; Utah Code 26B-9-101, 78B-14-211, 81-4-501 and 505, 81-6-101, 81-7-103; R527-34

Statutory Authority

Utah Code 81-6-101 states:

“(7) "Child" means:

(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;

(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means.”

Utah Code 81-4-501 states:

“(2) "Cohabit" means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.

(3) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage:

(a) engaging in sexual relations with an individual other than the party's spouse;

(b) knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child;

(d) substantially undermining the financial stability of the other party or the minor child.

(4) "Length of the marriage" means, for purposes of alimony, the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court.”

Utah Code 81-7-103 states:

“(1) As used in this section:

(a) "Debtor" means a person obligated or allegedly obligated to pay a domestic relations debt.

(b) "Domestic relations debt" means an obligation or alleged obligation to pay past due child support or alimony.

(2) (a) A court shall order the amounts described in Subsection (2)(b) be paid, if:

(i) the court issues a judgment requiring the payment of a domestic relations debt by the debtor;

(ii) imposing a collection fee on the debtor or in relation to the domestic relations debt is not prohibited or otherwise restricted by another federal or state law; and

(iii) the person owed the domestic relations debt has a contingency arrangement with an attorney to collect the domestic relations debt.

(b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:

(i) the principal amount due;

(ii) applicable interest. . . .

(5) The Office of Recovery Services may not collect an order issued pursuant to Subsection (2).” (Emphasis added.)

For additional information regarding contingency agreements for the collection of past due child support, refer to CS 710P Limitation on the Collection of Arrears.

Utah Code 78B-14-211 states:

“(1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(a) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(b) a responding tribunal to enforce or modify its own spousal support order.”

For additional information on continuing, exclusive jurisdiction (CEJ) to modify the spousal support order, refer to the UIFSA sections of policy.

In addition, federal regulations found at 45 CFR 302.31 state:

“The State plan shall provide that:

(a) The IV-D agency will undertake: . . .

(2) In the case of any individual with respect to whom an assignment as defined in § 301.1 of this chapter is effective, to secure support for a child or children from any person who is legally liable for such support, using State laws regarding intrastate and interstate establishment and enforcement of support obligations. Effective October 1, 1985, this includes securing support for a spouse or former spouse who is living with the child or children, but only if a support obligation has been established for that spouse and the child support obligation is being enforced under the title IV-D State plan.” (Emphasis added.)

Criteria

Collect and enforce current and past-due spousal support (alimony) on all IV-A and Non-IV-A cases if the criteria listed below are met.

NOTE: ORS may not collect on a judicial order for past due child support or alimony if the order recognizes the existence of a contingency agreement between the custodial parent (CP) and his/her attorney for the attorney to collect arrears for past due child support or alimony for the obligee. For additional information regarding contingency agreements for the collection of past due child support or alimony, refer to CS 710P Limitation on the Collection of Arrears.

1. A spousal support order has already been established by the court. (CSS will not establish a current spousal support amount);

2. A child support obligation exists (i.e., current and/or arrears) and CSS is enforcing the debt;

NOTE: When the last child on the order emancipates, end the ongoing spousal support obligation. If there are no child support arrears, spousal support arrears must also be ended on the case.

3. The CP resides with at least one child for which CSS is currently enforcing a child support obligation (current and/or arrears);

If the noncustodial parent (NCP) claims that the child(ren) does not reside with the CP, contact the CP to inform him/her that ORS is unable to provide spousal support services if no child resides with CP, then ask him/her to confirm or deny the NCP’s claim. If the CP claims that the child:

a. Resides with him/her – determine if the child(ren) has emancipated:

NOTE: If there is an order finding that a child over 18 is incapacitated, review with the assigned Assistant Attorney General (AAG) for appropriate procedures.

i. Minor – If the child(ren) is in the home and is not emancipated, continue to collect spousal support as ordered until a new order is entered either modifying or terminating the spousal support obligation.

ii. Emancipated – If the child(ren) is legally emancipated and ORS is collecting child support arrears, inform the NCP and CP that CSS will no longer collect or enforce the ongoing spousal support. If child support arrears are still owed on the case, CSS will collect spousal support arrears until the child support arrears have been paid in full.

b. Does not reside with the CP – If the CP confirms that the child no longer resides with him/her, inform the NCP and the CP that CSS will no longer collect or enforce spousal support.

4. The spousal support order is more than a token amount (e.g., more than $1.00 per month, etc.);

5. The CP is not remarried; and,

NOTE: If the CP gets remarried, end the ongoing spousal support debt/obligation effective the month following his/her remarriage.

6. The CP is not cohabiting with another person or has not cohabited with another person since the entry of the spousal support order. Per Utah Code 81-4-501(2) "“Cohabit” means to live together, or to reside together on a regular basis, in the same residence and in a relationship of a romantic or sexual nature.”

If the NCP claims that the CP is cohabiting with another person, contact the CP and ask him/her to confirm or deny the NCP’s claim. If the CP:

a. Denies cohabitation – determine if the child(ren) has emancipated:

NOTE: If there is an order finding that a child over 18 is incapacitated, review with the assigned AAG for appropriate procedures.

b. Confirms cohabitation – If the CP confirms that s/he is cohabiting with another person or the CP confirms s/he has cohabited with another person since the entry of the spousal support order, even if the CP is no longer cohabiting with another person, inform the NCP and the CP that CSS will no longer collect or enforce spousal support. End the ongoing spousal support effective the first month following the date ORS receives confirmation of the cohabitation.

EXAMPLE: The NCP contacts ORS on April 14^th claiming that the CP is cohabiting with another individual. ORS contacts the CP and leaves a message. The CP calls ORS back on May 4^th and confirms that s/he is cohabiting. ORS will end the spousal support beginning June 1.

If the CP confirms s/he cohabited with another person, but the cohabitation ended

more than one year prior to the date the NCP became aware of the cohabitation, ORS will not end the spousal support, pursuant to Utah Code 81-4-505(3). Workers must verify with the NCP when s/he became aware of the CP’s cohabitation.

Spousal Support Collection

When a IV-A/Medicaid applicant/recipient applies for services with the Office of Recovery Services/Child Support Services (ORS/CSS), CSS must collect both child support and spousal support, if ordered. The applicant/recipient may not select which services CSS will provide. For example, if a IV-A cash or Medicaid recipient asks CSS to collect only child support, inform the recipient that his/her rights have been assigned to the state and CSS is responsible to collect both obligations.

If the same request is made by a Non-IV-A applicant, inform the applicant that CSS is responsible to collect on both obligations. Administrative Rule, R527-34-2 states:

“(1) ORS will provide the following services to a non-IV-A recipient of child support services: . . .

(d) attempt to enforce court ordered spousal support if the minor child of the parties resides with the obligee and ORS is enforcing the child support order . . . .” (Emphasis added.)

ORS will continue to attempt collection of spousal support unless:

1. ORS has been ordered to stop, for example, if the spouse that spousal support is being paid to remarries or dies, pursuant to Utah Code 81-4-505(1);

2. Pursuant to Utah Code 81-4-505(3), it is established that a parent who is receiving spousal support is cohabiting or has cohabited with another person since the entry of the spousal support order, even if the parent is no longer cohabiting with another person; or,

3. The last child on the case has emancipated. If CSS is still collecting child support arrears, CSS will collect spousal support arrears until the child support arrears have been paid in full.

NOTE: If there is an order finding that a child over 18 is incapacitated, review with the assigned AAG for appropriate procedures.

Spousal support and child support case handling and collection procedures are generally the same, which means CSS may utilize all collection/enforcement methods for spousal support debt(s). Tax refund intercept(s) may be applied to past due spousal support, if the conditions stated in subsection Criteria (above) are met. For more information and procedures, refer to the appropriate collection enforcement sections of policy.

Once the child(ren) emancipates and there is no child support arrears, CSS is no longer authorized to collect any spousal support pursuant to federal and state laws, 45 CFR 302.31, Utah Code 26B-9-101, 201 and 301. If child support arrears are owed on the case, CSS will collect spousal support arrears until the child support arrears have been paid in full.

NOTE: The ongoing spousal support debt should be ended on ORSIS effective the first day of the month following the date the last child emancipates and the ongoing child support obligation has ended. If there are no longer child support arrears owing on the case, end spousal support arrears as well. If spousal support is still owed to the CP, s/he may collect the spousal support privately.

Spousal Support Settlements

Spousal support debt(s) may be settled for less than 100% of what is owed on the debt. If the debt is IV-A, follow the procedures in CS 700P-1 Payment in Full at 100% or Discounted Settlement. If the debt is Non-IV-A, the CP must agree to waive all or part of the Non-IV-A spousal support debt. For more information and procedures on settling a Non-IV-A debt, refer to CS 700P-1. If the CP changes his/her mind after signing the waiver, do not collect the amount of spousal support originally waived. The CP is responsible to collect the amount identified under the waiver privately.

Spousal Support Arrearages Concerning Passport Release

Utah law found at Utah Code 26B-9-101 defines child support as the following:

“(4) (a) "Child support" means a base child support award as defined in Section 81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

(b) "Child support" includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support.” (Emphasis added.)

Federal regulations found at 45 CFR 301.1 state the following:

“Past-due support means the amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid. Through September 30, 2007, for purposes of referral for Federal tax refund offset of support due an individual who is receiving services under § 302.33 of this chapter, past-due support means support owed to or on behalf of a qualified child, or a qualified child and the parent with whom the child is living if the same support order includes support for the child and the parent.” (Emphasis added.)

If the NCP owes support arrearages, then his/her passport cannot be released until s/he has paid all support owed or has obtained an exception through CSS. Support arrearages may include either child support or spousal support. For more information on passport release, refer to CS 850P Passport Denial/Renewal/Revocation.