CASE
MANAGEMENT
CS 057P Spousal
Support (Alimony)
10/88 Revised 06/26/26 Training Completed 07/10/26 Last Reviewed 07/06/26
42 U.S. Code 654; 22 CFR 51.60, 45 CFR 301.1, 45 CFR 302.31; Utah
Code 26B-9-101, 26B-9-104,
26B-9-114, 81-4-501 and 505, 81-6-101, 81-7-103, 81-8-211; R527-34
Statutory Authority
Utah Code 26B-9-101 states:
“(6)(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 spousal
support if:
(i) the child resides with the spouse or
former spouse receiving the spousal support; and
(ii) the spousal support is collected with child support for the
child. [. . .]
(20) ‘Spousal support’ means any obligation ordered by a tribunal
for the support of a spouse or former spouse.
(21) ‘Spousal support only case’ means a case for which the office
is collecting spousal support for an obligee after
the collection of child support has ended for that obligee
as described in Section 26B-9-114.
(22) ‘Support order’ means a child support order.”
(Emphasis added.)
Utah Code 26B-9-104 states:
“(1) The office shall: [. . .]
(c) collect a spousal support only case as described in Section
26B-9-114[.]”
Utah Code 26B-9-114 states:
“(1) An obligee may request that the
office continue to collect spousal support on behalf of the obligee
if:
(a) the office has been collecting spousal support for the obligee as a part of child support; and
(b) the office is no longer collecting child support for the obligee and has closed the case related to the child
support.
(2) Upon a request described in Subsection (1), the office shall
collect spousal support until:
(a) the spousal support is no longer enforceable; or
(b) the obligee requests that the office
no longer collect the spousal support on the obligee's
behalf.
(3) For a spousal support only case, the office shall collect and
enforce spousal support for the obligee in the same
manner and to the same extent as child support, including:
(a) initiating and ordering income withholding in accordance with
Part 3, Income Withholding in IV-D Cases;
(b) subpoenaing financial or other information needed to enforce
the spousal support including:
(i) the name, address, and employer of
an obligor that appears on the customer records of public utilities and cable
television companies; and
(ii) information held by financial institutions on such things as
the assets and liabilities of the obligor;
(c) requiring a public or private employer to promptly disclose
information to the office
on the name, address, date of birth, social security number,
employment status, compensation, and benefits, including health insurance, of
any person employed as an employee or contractor by the employer;
(d) obtaining access to information in the records and automated
databases of other state and local government
agencies;
(e) securing assets to satisfy spousal support that is past due
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; and
(B) judgments, settlements, and lotteries; and
(ii) attaching and seizing assets of an obligor held in financial
institutions;
(f) attaching public and private retirement funds if the obligor
is:
(i) receiving periodic payments; or
(ii) has the authority to withdraw some or all
of the funds; and
(g) imposing liens against real and personal property.
(4) Any action taken under Subsection (3) shall comply with the
requirements described in this chapter for taking that same action with regard to child support.”
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. [. . .]
(4) ‘Length of
the marriage’ means, except as provided in Subsection 81-4-502(8), 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
81-4-505 states:
“(1)(a) Except as provided in Subsection
(1)(b), or unless a decree of divorce specifically provides otherwise, any
order of the court that a payor pay alimony to a payee automatically terminates
upon the remarriage or death of that payee.
(b) If the remarriage of the payee is
annulled and found to be void ab initio, the payment of alimony shall resume if
the payor is made a party to the action of annulment
and the payor's rights are determined.
(2)(a) If a payor establishes that a payee cohabits with another individual during
the pendency of the divorce action or after the court enters a divorce decree,
the court:
(i) may not
order the payor to pay alimony, including temporary alimony, to the payee; and
(ii) shall terminate any order that the
payor pay alimony, including temporary alimony, to the payee, even if the payee
is not cohabiting with the individual when the payor files the motion to
terminate alimony.
(b) A payor may not seek termination of
alimony under Subsection (2)(a)(ii) later than one year after the day on which
the payor knew or should have known that the payee has cohabited with another
individual.”
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 81-7-103 states:
(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. [. . .]
(5) The
Office of Recovery Services may not collect an order issued pursuant to
Subsection (2).” (Emphasis added.)
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.
Utah Code 81-8-211
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 the tribunal’s 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.
45 CFR 302.31 states:
“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.)
Forms Overview
1.
Annual Notice of Continuing Spousal Support. This form is sent to the NCP and CP
annually on the anniversary date of the child support case becoming a spousal
support only case, or when the child emancipates and ongoing child support
ends. In order to collect spousal support only after
the child support ends, the CP must sign and return the attached Written Request for
Spousal Support Information Letter to request
continued spousal support services.
2.
Written Request for Spousal Support
Information. This letter is sent to the CP and NCP as a subform
of the “Annual Notice of Continuing Spousal Support” form and the “Child
Emancipated – Support Award Adjustment” letter when the “Child Emancipated –
Support Award Adjustment” letter is being sent to the CP
and the appropriate option is selected. This letter may also be sent
individually to NCP to provide evidence supporting the termination of spousal
support, or to the CP to confirm or deny cohabitation or to request continuing
spousal support services. The respondent will have 30 days to return this
letter.
Child and Spousal Support Cases –
Criteria and 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. Utah Admin. Code 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.)
Spousal
support (alimony) on IV-A and Non-IV-A cases may be collected along with child
support if the criteria listed below are met.
1.
A spousal support order has already been
established by the court (CSS will not establish a current spousal support
amount).
2.
Per Utah Code 81-4-505(1), the parent
receiving spousal support is not remarried or deceased.
a.
NOTE 1: If the
parent receiving spousal support gets remarried or dies, end the ongoing
spousal support debt/obligation effective the month following his/her
remarriage or death. Arrears accrued prior to remarriage may still be collected
as long as the other criteria are also met.
b.
NOTE 2: If the
remarriage is annulled, the court may order that the alimony resume. Utah Code
81-4-505(1)(b). Consult with your assigned Assistant Attorney General (AAG) to
determine how to proceed.
3.
A child support obligation exists (i.e.,
current and/or arrears) and CSS is enforcing spousal
support as part of the obligation.
4.
The CP resides with at least one child for
which CSS is currently enforcing a child
support obligation (current and/or arrears).
a.
Determine if the child(ren) has emancipated:
i.
Minor – If the child(ren) is in the home and
is not emancipated, continue to collect spousal support as ordered, or until a
new order is entered either modifying or terminating the spousal support.
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 owed on the case, CSS
will continue to collect spousal support arrears until the child support
arrears have been paid in full, or if the CP requests that ORS continue to
collect spousal support. Refer to subsection Spousal Support Only Cases –
Criteria and Collection below.
NOTE: If there is an order finding
that a child over 18 is incapacitated, review with the assigned AAG for
appropriate procedures.
b.
If the NCP claims that the child(ren) does not
reside with the CP, send the “Written
Request for Spousal Support Information” letter to the CP to have them confirm
or deny the NCP’s claim.
i.
CP denies the claim and asserts that the child
is still residing with him/her – Continue to enforce as appropriate unless
there is an order providing otherwise.
ii.
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 unless the CP
requests to proceed with a spousal support only case. For more information on
spousal support only cases, refer to subsection below.
NOTE: The child does not have to reside
with the CP on a spousal support only case. For more
information on spousal support only cases, refer to subsection Spousal Support
Only Cases – Criteria and Collection below.
5.
There is no court
order determining whether the parent receiving spousal support has cohabitated
with another person. If the NCP claims that the CP is cohabiting, or has cohabitated, with another person, inform the NCP that ORS
will continue to collect spousal support until an order is provided ordering
that spousal support should stop, or the CP confirms in writing that they have
cohabitated. Send the “Written Request for Spousal Support Information” letter to
the CP to confirm or deny cohabitation.
a.
If the CP confirms
cohabitation, proceed with procedures to end the spousal support.
b.
If the CP does not
confirm cohabitation or does not respond, continue to enforce until there is an
order directing otherwise.
CS
057.4 Spousal Support Only Cases – Criteria and Collection
Utah Code 26B-9-114, enacted May
6, 2026, allows ORS to continue to collect spousal support after child support
ends if requested by the obligee. This type of case
is known as a “spousal support only case.” Utah Code 26B-9-101(21) defines a
spousal support only case as: “[. . .] a case for which the office is
collecting spousal support for an obligee after
the collection of child support has ended for that obligee
as described in Section 26B-9-114.” (Emphasis added.) For ORS to proceed to
collect on a spousal support only case, there must have been a child support
obligation that ORS was previously enforcing.
A spousal support only case may be
initiated based upon a request from the CP if ORS has been collecting spousal
support as part of a child support obligation and ORS is no longer collecting
child support. In order to proceed with a requested spousal support only case, there must be an
enforceable spousal support debt. For more information on remarriage, death, or
cohabitation, refer to subsection Child and Spousal Support Cases – Criteria and
Collection above.
NOTE 1: ORS will only collect for
spousal support only cases if the spousal support is
part of an order containing child support enforcement.
NOTE 2: ORS will not reinstate a
previously closed case to collect spousal support only. If questions arise on
reinstating a previously closed case to collect spousal support only, consult
with your management chain.
When a request from the CP is
received, narrate on the case-level narratives that the CP has requested that
the case continue as a spousal support only case. Once the case becomes a
spousal support only case, workers must set a SELF alert for one year after the
date the case becomes spousal support only. The SELF alert is to notify workers
that they must send the “Annual Notice of Continuing Spousal Support” letter to
both parents. The “Annual Notice of Continuing Spousal Support” letter must be
sent out annually, typically on the anniversary date that the case became
spousal support only.
Continue to collect spousal support
until the spousal support is no longer enforceable pursuant to Utah Code
81-4-505, or the CP requests that ORS no longer collect spousal support. Once
either of these occur the agent may proceed with the appropriate steps for case
closure. For more information on case closure, refer to CS 061P Case Closure
Criteria. Narrate on the case-level narratives the reason for the end of the
spousal support collection.
NOTE: For federal enforcement actions,
ORS must be collecting child support per the criteria outlined above in
subsection Child and Spousal Support Cases – Criteria and Collection above. For
more information on federal tax intercept refer to CS 670P Federal Tax
Intercept – Criteria.
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:
“(6) (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 spousal support if:
(i) the child resides with the spouse or former spouse
receiving the spousal support; and
(ii) the spousal support is collected with
child support for the child.” (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 include child support and spousal support. If spousal
support is the only debt on the case, the case does not qualify for passport
denial. For more information on passport release, refer to CS 850P Passport
Denial/Renewal/Revocation.