UNIFORM
INTERSTATE FAMILY SUPPORT ACT (UIFSA)
CS 151P Duties and Federal Timeframes
10/96
Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 03/09/26
42 U.S.
Code 654b(c)(1); 45
CFR 303.7; Utah Code 81-8-203,
302,
304,
305,
306,
307,
309,
310
Statutory Authority
The Office of Recovery Services/Child Support Services (ORS/
Pursuant to
Utah Code 81-8-203:
“Under this chapter, a tribunal of this state
may serve as an initiating tribunal to forward proceedings to a tribunal of
another state and as a responding tribunal for proceedings initiated in another
state or a foreign country.”
Some of the
duties required under these functions must be carried out within specific
timeframes.
Procedures – CSS Duties as Initiating State
When the
initiating agency sends a petition/referral Child Support Enforcement
Transmittal #1 – Initial Request to another state, Utah Code 81-8-304 requires
that the agency send the petition and its accompanying documents to the CRU or
appropriate tribunal in the responding state:
“(1) Upon the filing of a petition authorized by this chapter, an
initiating tribunal of this state shall forward the petition and its
accompanying documents:
(a) to the responding tribunal or appropriate child support
services agency in the responding state; or
(b) if the identity of the
responding tribunal is unknown, to the state information agency of the
responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.”
If
Pursuant to Utah Code 81-8-304:
“(2)
(a) If requested
by the responding tribunal, a tribunal of this state shall issue a certificate
or other document and make findings required by the law of the responding
state.
(b) If the responding tribunal is
in a foreign country, upon request, the tribunal of this state shall specify the
amount of support sought, convert that amount into the equivalent amount in the
foreign currency under applicable official or market exchange rate as publicly
reported, and provide any other documents necessary to satisfy the requirements
of the responding foreign tribunal.”
Initiating Agency
(Outgoing Intergovernmental) Timeframes
The federal timeframes listed below apply to initiating
intergovernmental services. There are four outgoing intergovernmental
timeframes:
1. Intergovernmental Referral - 45 CFR 303.7(c):
“(4) Within
20 calendar days of completing the actions required in paragraphs (1) through
(3) and, if appropriate, receipt of any necessary information needed to process
the case:
(i) Ask
the appropriate intrastate tribunal, or refer the case to the appropriate
responding State IV-D agency, for a determination of the controlling order and
a reconciliation of arrearages if such a determination is necessary; and
(ii) Refer
any intergovernmental IV-D case to the appropriate State Central Registry,
Tribal IV-D program, or Central Authority of a country for action, if one-state
remedies are not appropriate. . . .”
The 20 day timeframe begins when:
a. You determine a two-state action is needed;
b. The NCP has been located; and,
c. You have received all necessary information to process the case.
2. Additional Requested Information – 45 CFR 303.7:
“(a)(6) Within 30 working days of receiving
a request, provide any order and payment record information requested by a
State IV-D agency for a controlling order determination and reconciliation of
arrearages, or notify the State IV-D agency when the information will be
provided. . . .”
3. New Information – 45 CFR 303.7:
“(a)(7) Notify the other agency within 10 working days of receipt of
new information on an intergovernmental case. . . .”
NOTE: “New information” included
but is not limited to a new order, a new payment plan; e.g., a
change/adjustment in debt(s) - new information known only to Utah, an upcoming scheduled hearing,
and in a post order case a change of
address for the NCP (the other state may need the address to notify the NCP of
Federal Tax Intercept).
4.
Review of
Child Support Order – 45 CFR 303.7(c)(9):
“(c)(9) Send a request for review of a child
support order to another State within 20 calendar days of determining that a
request for review of the order should be sent to the other State and of
receipt of information from the requestor necessary to conduct the review in
accordance with section 466(a)(10) of the Act and § 303.8 of this part. . .
.”
Procedures –
When
responding to a request for services from another state or individual, CSS is
responsible for the following duties and responsibilities in accordance with
Utah Code 81-8-305:
“(1) When a responding
tribunal of this state receives a petition or comparable pleading from an
initiating tribunal or directly in accordance with Subsection 81-8-301(2), the responding tribunal
shall cause the petition or pleading to be filed and notify the petitioner where
and when the petition or pleading was filed.”
The
1. Research all incoming CSENet
transaction using the imaged copy of the interstate petition/referral;
2.
Open the
case on ORSIS, if appropriate;
3.
Send an
acknowledgment to the petitioner/initiating state; and,
4.
File the
original intergovernmental petition/referral and the original certified copies
of the order included with the referral for access by the Attorney General’s
Office (AGO) if needed. For more information on CRU responsibilities, refer to
CS 201P Central Registry Responsibilities.
If CRU receives a
petition/referral and it was sent in error or to the wrong tribunal, CRU will
forward the petition/referral to the appropriate tribunal according to Utah
Code 81-8-306 which states:
“If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.”
NOTE: If you receive a support
petition directly from an individual or agency in another state, immediately
send it to CRU for the appropriate processing.
When you receive a new/reinstated case including an incoming
interstate petition/referral from CRU take the steps listed below.
1. Review the intergovernmental petition and accompanying documents on Content Manager for the case and/or ORSIS (if the referral was received through CSENet) to determine the next appropriate action on the case in accordance with Utah Code 81-8-305, which states:
“(2) A responding tribunal
of this state, to the extent not prohibited by other law, may do one or more of
the following:
(a) establish or enforce a support order, modify a child support
order, determine the controlling child support order, or determine parentage of
a child;
(b) order an obligor to comply with a support order, specifying
the amount and the manner of compliance;
(c) order income withholding;
(d) determine the amount of any arrearages and specify a method of
payment; (e) enforce orders by civil or criminal contempt, or both;
(f) set aside property for satisfaction of the support order;
(g) place liens and order execution on the obligor's property;
(h) order an obligor to keep the tribunal informed of the
obligor's current residential address, electronic mail address, telephone
number, employer, address of employment, and telephone number at the place of
employment;
(i) issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the tribunal and enter the
bench warrant in any local and state computer systems for criminal warrants;
(j) order the obligor to seek appropriate employment by specified
methods;
(k) award reasonable attorney fees and other fees and costs; and
(l) grant any other available
remedy.”
If an order is issued, Utah Code
81-8-305 requires that
“(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for parent-time.
(5) If a responding tribunal of
this state issues an order under this chapter, the tribunal shall send a copy
of the order to the petitioner and the respondent and to the initiating
tribunal, if any.”
If an enforcement action is
requested and the support order is in foreign currency, Utah Code 81-8-305
states:
“(6) If requested to enforce a support order, arrears, or judgment
or modify a support order stated in a foreign currency, a responding tribunal
of this state shall convert the amount stated in the foreign currency to the
equivalent amount in dollars under the applicable official or market exchange
rate as publicly reported.”
2. Notify the petitioner/initiating
state of the action taken on the case either by using CSENet or by sending the
“Interstate Progress Report.” Select from one of the appropriate options:
a. Notice
to Withhold – Initiate income withholding.
b. Enforcement
– Inform the initiating state of the specific type of enforcement action
taken; i.e., lien-levy, execution on a vehicle or real property.
c. Request for More Information – Notify the initiating state of the
information needed to proceed with the next step on the case.
d. Employment
Ended – Notify the initiating state that the NCP has terminated employment
and
e. Locate
– If the NCP has moved to another state, determine if you have a new
verified address for the NCP and follow the procedures below:
i. No Address – If the NCP has moved and after accessing appropriate
Utah locate resources the NCP cannot be relocated in Utah, notify the
initiating state that the respondent cannot be located in Utah by:
A. Non-CSENet
State – Sending the “Interstate Progress Report” letter.
B. CSENet
State – Sending a CSENet transmission requesting additional information so
we can proceed with the next step on the case.
You are not required to initiate a quick locate-only request to another state
if you believe the NCP has moved out-of-state. Do not close the case until the
initiating state requests the case closed; the initiating state fails to
provide additional information within 60 days; or, the case meets the criteria
for case closure.
ii. New Address (not in Utah) – Take
all appropriate steps necessary to enable the new tribunal to obtain
jurisdiction over the NCP. Notify the initiating state that the NCP has moved
out of Utah’s jurisdiction by:
A.
Non-CSENet State – Sending the “Interstate Progress
Report.” Notify the initiating state that:
I.
II.
The other
state must notify
III.
Asks if the
other state wants the original petition and all accompanying documents
forwarded to the new responding state.
If the initiating agency wants
(a) Generate the “Interstate Petition Forwarded to New Responding State” letter;
(b) Send it to CRU with a request that they forward the original intergovernmental referral/petition and all accompanying documents to the new state’s CRU; and,
(c) Send the “Incoming Interstate: Case Closure” letter, with the appropriate option selected, by regular mail to the initiating agency informing them of the new state and date the petition was forwarded.
B. CSENet
State – Sending a CSENet message to the initiating agency notifying
initiating agency:
I.
The NCP has
moved out of Utah’s jurisdiction;
II.
To provide
III.
To notify
you if they want
If the initiating state requests that
(a) Generate the “Interstate Petition Forwarded to New Responding State” letter;
(b) Send it to CRU with a request that they forward the original intergovernmental referral/petition and all accompanying documents to the new state’s Central Registry Unit; and,
(c) Send a CSENet message to the initiating agency giving them the state and date the petition was forwarded.
Do not close the case until the initiating agency requests the case be closed; the initiating
state fails to provide additional information within 60 days; or, the case
meets other criteria for case closure.
f. Administrative Action – Make a reasonable attempt to obtain
necessary income and property information about both parties, if appropriate. Inform
the initiating state of the administrative action taken.
g. Attorney
General (AG) Referral – Make an AG referral.
h. Review
for Modification – Determine if the case meets the criteria to conduct a
review; (e.g., does Utah have Continuing Exclusive Jurisdiction?). For more information, refer to CS
159P Review and Adjustment, CS 450P General Information, Forms, Criteria, and
Federal Timeframes, and CS 451P Review and Adjust Order to Include MEDICAL
Support Only.
i. Uncollectible Case – If the case meets uncollectible criteria,
notify the initiating state.
j. Other – Notify the initiating state of any other action or
information related to child support that is not listed in the above options,
as appropriate.
Responding State
(Incoming Intergovernmental) Timeframes
The federal timeframes listed below apply to responding
intergovernmental services. There are five incoming intergovernmental
timeframes:
1. Case Opening, Forwarding and Acknowledgment – 45 CFR 303.7(b):
“(2) Within 10 working days of
receipt of an intergovernmental IV-D case, the central registry must:
(i) Ensure that the documentation
submitted with the case has been reviewed to determine completeness;
(ii) Forward the case for
necessary action either to the central State Parent Locator Service for
location services or to the appropriate agency for processing;
(iii) Acknowledge receipt of the
case and request any missing documentation; and
(iv) Inform the initiating agency where the case was sent for action.”
2.
Response
to status request - 45 CFR 303.7(b)(4):
“The central registry must respond to
inquiries from initiating agencies within 5 working days of receipt of the
request for a case status review.”
3.
Location of the NCP in another
jurisdiction:
a. 45 CFR 303.7(d):
“(3) Within 10 working days of locating
the noncustodial parent in a different State, the responding agency must return
the forms and documentation, including the new location, to the initiating
agency, or, if directed by the initiating agency, forward/transmit the forms
and documentation to the central registry in the State where the noncustodial
parent has been located and notify the responding State's own central registry
where the case has been sent.”
b. 45 CFR 303.7(d):
“(4) Within 10 working days of locating
the noncustodial parent in a different political subdivision within the State,
forward/transmit the forms and documentation to the appropriate political
subdivision and notify the initiating agency and the responding State's own
central registry of its action;”
4. Timing of Disbursements:
a. 42 U.S. Code 654b(c)(1):
“Except as provided in paragraph (2), the State disbursement unit shall distribute all amounts payable under section 657(a) of this title within 2 business days after receipt from the employer or other source of periodic income, if sufficient information identifying the payee is provided. . . .”
b. 45 CFR 303.7(d)(6)(v):
“Collecting and monitoring any
support payments from the noncustodial parent and forwarding payments to the
location specified by the initiating agency. The IV-D agency must include
sufficient information to identify the case, indicate the date of collection as
defined under§ 302.51(a) of this chapter, and include the responding
State's case identifier and locator code, as defined in accordance with
instructions issued by this Office. . . .”
5.
Transmission
of new information – 45 CFR 303.7(a)(7):
“Notify the other agency within 10
working days of receipt of new information on an intergovernmental case. . .
.”
Duties of a
Child Support Services Agency
The duties
of a child support services agency are defined in Utah Code 81-8-307:
“(1) A child support services agency of this state, upon request,
shall provide services to a petitioner in a proceeding under this chapter.”
The petitioner may be:
1. The CP;
2. The NCP; or,
3. In accordance with Utah Code 81-8-302, which states:
“A parent who is under 18 years old, or a guardian or other legal representative of the parent, may maintain a proceeding on behalf of or for the benefit of the parent’s child.”
Among other
obligations, as identified in Utah Code 81-8-307, the petitioner must be
notified of all notices and communications.
“(2) A support enforcement agency of this state that is providing
services to the petitioner shall:
(a) take all steps necessary to enable an appropriate tribunal of
this state, another state, or a foreign country to obtain jurisdiction over the
respondent;
(b) request an appropriate tribunal to set a date, time, and place
for a hearing;
(c) make a reasonable effort to obtain all relevant information, including
information as to income and property of the parties;
(d) within 10 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of notice in a record from an initiating, responding,
or registering tribunal, send a copy of the notice to the petitioner;
(e) within 10 days, exclusive of Saturdays, Sundays, and legal
holidays, after receipt of communication in a record from the respondent or the
respondent's attorney, send a copy of the communication to the petitioner; and
(f) notify the petitioner if jurisdiction over the respondent
cannot be obtained.”
When/if a
support order is referred for registration for enforcement or modification in
this state, Utah Code 81-8-307 requires that reasonable efforts be taken to
determine the controlling order, if applicable.
Utah Code
81-8-307 states:
“(3) A child support services agency of this state that requests
registration of a child support order in this state for enforcement or for
modification shall make reasonable efforts:
(a) to ensure that the order to be registered is the controlling
order; or
(b) if two or more child support orders exist and the identity of
the controlling order has not been determined, to ensure that a request for
such a determination is made in a tribunal having jurisdiction to do so.”
Utah Code
81-8-307 states:
“(4) A child support services agency of this state that requests
registration and enforcement of a support order, arrears, or judgment stated in
a foreign currency shall convert the amounts stated in the foreign currency
into the equivalent amounts in dollars under the applicable official or market
exchange rate as publicly reported.”
The agency
initiating the enforcement action with a foreign country is responsible for
converting the support order amounts into current currency.
Utah Code
81-8-307 states:
“(5) A child support services agency of this state shall
issue or request a tribunal of this state to issue a child support order and an
income-withholding order that redirects payment of current support, arrears,
and interest if requested to do so by a child support services agency of
another state in accordance with Section 81-8-319.”
Pursuant to
Utah Code 81-8-307, if CSS or the AGO provides services to an individual or
agency it does not create an attorney-client relationship. Utah Code 81-8-307
states:
“(6) This chapter does not create or negate a relationship of
attorney and client or other fiduciary relationship between a child support
services agency or the attorney for the agency and the individual being
assisted by the agency.”
If the
individual or agency requires or wants that type of relationship, in accordance
with Utah Code 81-8-309, s/he may hire an attorney to represent him/her. Utah
Code 81-8-309 states:
“An individual may employ private counsel to represent the
individual in proceedings authorized by this chapter.”
Duties of
State Information Agency
The CRU is
responsible to carry out the duties of the State Information Agency in
accordance with Utah Code 81-8-310, which states:
“(1) The Office of Recovery Services is the state information
agency under this chapter. (2) The state information agency shall:
(a) compile and maintain a current list, including addresses, of
the tribunals in this state which have jurisdiction under this chapter and any
support enforcement agencies in this state and transmit a copy to the state
information agency of every other state;
(b) maintain a register of names and addresses of tribunals and
support enforcement agencies received from other states;
(c) forward to the appropriate tribunal in the county in this
state in which the obligee who is an individual or the obligor resides, or in
which the obligor's property is believed to be located, all documents
concerning a proceeding under this chapter received from another state or a
foreign country; and
(d) obtain information concerning the location of the obligor and
the obligor's property within this state not exempt from execution, by such
means as postal verification and federal or state locator services, examination
of telephone directories, requests for the obligor's address from employers,
and examination of governmental records, including, to the extent not
prohibited by law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver licenses, and Social Security.”