CS
069P Retained Support Sanctions
07/14/03
Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 02/02/26
Utah
Code 26B-9-212, 213; R527-40-1
Statutory
Authority
Utah Code 26B-9-212 states:
“(3) (a) The office may issue or
modify an administrative order, subject to the procedural requirements of
applicable law, that requires that obligee to pay to
the office assigned support that an obligee receives
and retains in violation of Subsection 26B-9-213(4) and may reduce to judgment
any unpaid balance due.
(b) The office may collect the
judgment debt in the same manner as it collects any judgment for past-due
support owed by an obligor.”
Utah Code 26B-9-213 states:
“(4) (a) If an obligee
receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the
office.
(b) (i)
If an obligee agrees with an obligor to receive
payment of support other than in the court or administratively ordered manner
and receives payment as agreed with the obligor, the obligee
shall immediately deliver the cash equivalent of the payment to the office.
(ii) If the amount delivered to
the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively
ordered support due, the office shall return the excess to the obligee.”
If a respondent on a Team 60 (CSS Retained Support) case has a
retained support debt, is receiving IV-A cash assistance, and is not paying by
income withholding, s/he must cooperate
with the Office of Recovery Services/Child Support Services (ORS/CSS) by:
1.
Entering into a repayment agreement; and,
2.
Complying with the terms of the agreement.
If the respondent fails to cooperate, notify the Department of
Workforce Services (DWS) to initiate a retained support sanction.