UIFSA
CS 154P-2 Determination of the
Controlling Order (DCO) Procedures
– Utah Conducts Review
01/31/02 Revised 09/02/25 Training Completed 09/16/25
Last Reviewed 09/30/25
45 CFR
303.7; Utah
Code 26B-9-206, 63G-4-302, 81-6-106, 81-8-207; 18 U.S. Code 1151, 28 U.S. Code 1738B; IRS Publication 1075
Introduction,
Formal
After a
Child Support Services
If the
“If the request is for a determination of controlling order:
(i)
File the controlling order determination request with the appropriate tribunal
in its State within 30 calendar days of receipt of the request or location of
the noncustodial parent, whichever occurs later . . . .”
Procedures – Preliminary Determination,
Judicial or Administrative
Senior
Agents are responsible for completing all steps listed below as part of the
preliminary determination of an alleged controlling order in preparation of a
final
1.
Review the appropriate
jurisdiction for the
“(3) (a) If two or more child support orders have been issued for
the same obligor and same child, upon request of a party who is an individual
or that is a child support services agency, a tribunal of this state having
personal jurisdiction over both the obligor and the obligee
who is an individual shall determine which order controls under Subsection (2).”
(Emphasis added.)
Personal jurisdiction is obtained by both parties residing in the
state, Utah, or by having personal jurisdiction over one party and a request
from the non-resident party or an intergovernmental referral from a support
enforcement agency.
2.
Gather the information needed to
make a preliminary determination of the alleged controlling
order, and to calculate an alleged arrears balance.
a.
Gather the
following information:
i.
Copies of
all existing support orders (copies of orders do not need to be certified);
ii.
All payment
records. This includes records from:
A.
All states that
issued a support order
B.
IV-D
agencies where the CP has received child support services,
C.
The CP,
D.
ORSIS Query
Management Facility (QMF) Case payment History and, if applicable, the
“Pre-ORSIS Case Payment History” form, etc.;
iii.
All interest
calculations that have been provided by other states for interest accrued and
paid under existing orders;
iv.
All
calculations for fees accrued and paid under existing orders;
v.
Timeframes
of assigned arrears;
vi.
Child and
custody information; and,
vii.
Emancipation
information.
b.
Utilize the
following tools to obtain the needed information:
i.
Federal Case
Registry.
ii.
“Child
Support Enforcement Transmittal #3—Request for Assistance/Discovery” for non-CSENet states.
iii.
CSENet.
iv.
“Request for
Information: Determination of Controlling Order and Reconciliation of Arrears.”
v.
“Statement
of Arrearage” (from other states).
vi.
ORSIS.
vii.
Court
records.
NOTE: If you are unable to obtain
copies of an order, you may obtain reliable information about the order.
“Reliable information” includes (but is not limited to) information from
computer records, court files, and other IV-D agency records.
3.
Apply the controlling order rules
to determine which order should be identified as the alleged controlling order.
All orders
that potentially qualify for controlling order status must be given full faith
and credit. For more information on
child support orders that qualify, refer to CS 154P Determination of the
Controlling Order (DCO) Overview. The
results of the preliminary determination will be included in the Notice of
Agency Action, which will be sent to all interested parties. Use the procedures
established in Utah Code 81-8-207 and CS 154P.
4.
Complete the Reconciliation of
Arrears: As of May 16,
2004, Utah passed the 2001 version of UIFSA which requires a reconciliation of arrears (ROA) as part of the
determination of controlling order. For more information and ROA procedures,
refer to CS 154P-5 DCO Procedures – Reconciliation of Arrears (ROA).
5.
Complete the appropriate Screens
in ORSIS.
6.
Proceed to the appropriate
procedures for the notification of all appropriate parties which begins the
actual
If the final
1.
Complete the “Presumed or Alleged
Controlling Order Worksheet”:
a.
List all orders
which potentially qualify for and were considered for controlling order status;
b.
Indicate
which order is the alleged controlling order, and the reason for that decision;
c.
Sign the
“Presumed or Alleged Controlling Order Worksheet;” and,
d.
Sent the worksheet
to CIU to be imaged and maintained in Content Manager for the case.
2.
Prepare documentation: Ensure that Content Manager for
the case contains the “Presumed or Alleged Controlling Order Worksheet,” the
“Calculation for Reconciliation of Arrears” with a signed and notarized
“Verification/Certification” section, copies of all orders, and copies of all
payment records received from other agencies. The Attorney General’s Office
(AGO) referral must contain a list of addresses for all interested parties and
tribunals. All interested parties and tribunals must be notified as part of the
DCO process.
3.
Send the referral packet to the
AGO.
If the final DCO will be done
administratively the Senior Agent is responsible to gather all necessary
information (e.g., copies of order, payment histories, etc.), identify the
alleged controlling order, and refer the case to the appropriate Presiding Officer/Quality
Assurance Specialist (PO/QA). The PO/QA is responsible for the final DCO
proceeding and order.
1.
Prepare a “Notice of Agency Action: Determination of Controlling Order
and Reconciliation of Arrears” packet. The packet includes:
a.
Notice of
Agency Action;
b.
“Courtesy
Copy of Notice of Agency Action: Determination of Controlling Order and
Reconciliation of Arrears;”
c.
“Hearing
Request: Notice of Agency Action: Determination of Controlling Order and/or
Reconciliation of Arrears;”
d.
“Reconciliation
of Arrears Calculation;”
e.
Copies of
all orders considered;
f.
Copies of
all payment records (even the amounts that are restricted information on the
payment records can be released to the parties, to IV-D agencies, and to
courts); and,
g.
Copies of
any additional supporting documentation.
2.
Maintain a paper copy of the Notice of Agency Action packet. Keep the original packet signed by the Presiding Officer until service
on the party/parties is successful.
3.
Send by first-class mail or serve the Notice of Agency Action packet by
certified mail on all interested parties as indicated below. This may include:
a.
NCP(s)
(certified mail);
b.
CP
(certified mail) – if the CP’s address is not on ORSIS, obtain it from the
intergovernmental transmittal (received from the other state). If the
Interstate transmittal does not list the CP’s address, contact that state and
get the address;
c.
Specified
relative or guardian (first-class mail);
d.
Attorneys
representing parents or guardians (first-class mail);
e.
All
tribunals that have issued support orders (first-class mail) – If the tribunal
is a court in another state, you can obtain the address and phone number for
the court by accessing the on-line Intergovernmental Reference Guide (IRG);
f.
Any state
with assigned arrears (first-class mail);
g.
Initiating
state IV-D agency in a two-state action (first-class mail); and,
h.
Any other
party with an interest in the arrears balance (first-class mail).
NOTE: All parties must be
notified to allow for due process. If you are unable to notify one of the
parties; e.g. you cannot locate an address for the party, do not continue with
the process until you are able to locate an address and notify the party.
4.
Monitor for service to be
returned and imaged.
5.
Forward the “Notice of Agency
Action: Determination of Controlling Order and Reconciliation of Arrears” form
to CIU.
6.
Refer the Notice of Agency Action
packet to the
appropriate PO once all of the parties have been served. The PO will complete the remaining steps.
7.
Monitor for
responses from any interested parties for 30 days after the last party was
served. Parties may respond in the following ways:
a.
Any party
can contest the alleged controlling order and/or alleged arrears balance.
i.
If the
contesting party provides additional information (orders, payment records,
etc.)
A.
Send copies
of the new information to all of the interested parties with the “Notice of
Additional Information Received” letter.
B.
Monitor for
another 20 days for any additional responses. If any party continues to contest
the controlling order or the reconciled arrears balance, refer the case to the
AGO with all of the supporting documentation to complete the
C.
If a party
contests the arrears balance but doesn’t provide additional information, refer
the case to the AGO with all of the supporting documentation to complete the
ROA (and
ii.
Any party
can request a judicial hearing to reconcile the arrears (and determine the
controlling order) by completing the “Hearing Request: Notice of Agency Action,
Determination of Controlling Order and/or Reconciliation of Arrears.”
A.
Consider any
additional information provided and redetermine the controlling order and/or
recalculate the balance as appropriate.
B.
Refer the
case to the AGO with all of the supporting documentation to complete the
iii.
No contest
to the controlling order or the reconciled arrears balance. Begin procedures to
finalize the
8.
Document all actions taken in the
case narratives.
9.
Adjust the obligation/debt. If at any point you conclude
that there is a different controlling order/current support amount than what is
currently charging on ORSIS, update the current support obligation on ORSIS and
provide the post-order team with a copy of the order that is now believed to be
the controlling order.
If none of
the parties contest the controlling order determination or the reconciliation
of arrears calculation as described in the section above, complete the final
determination, which is the last step in the determination of controlling order
process.
1.
Review the controlling order
determination and the reconciliation of arrears that was included in the Notice
of Agency Action. Ensure that
all new information has been provided to all interested parties and that a
judicial determination is not necessary.
NOTE: If any of the parties know of another order but do not
notify the tribunal (
2.
Make a final decision. Follow the established
3.
Update the appropriate ORSIS
screen.
4.
Issue an order: Prepare the “Order:
Determination of Controlling Order and Reconciliation of Arrears” packet. The
packet includes the following:
a.
Order;
b.
“Courtesy Copy
of Order: Determination of Controlling Order and Reconciliation of Arrears;”
c.
“Notice of
Determination of Controlling Order;”
d.
“Reconciliation
of Arrears Calculation;”
e.
Copies of
all orders; and,
f.
Copies of
all payment records.
5.
Send certified copies of the
order to all interested parties.
a.
Utah Code 81-8-207:
“(7) (a) Within 30 days after
issuance of an order determining which is the controlling order, the party
obtaining the order shall file a certified copy of the order in each tribunal
that issued or registered an earlier order of child support.
(b) A party or child support
services agency obtaining the order that fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the issue of failure to
file arises.
(c) The failure to file does not
affect the validity or enforceability of the controlling order.”
b.
45
“Notify the initiating State
agency, the Controlling Order State and any State where a support order in the
case was issued or registered, of the controlling determination and any
reconciled arrearages within 30 calendar days of receipt of the determination
from the tribunal; . . .”
c.
Send copies
to the following:
i.
NCP(s);
ii.
CP;
iii.
Specified
relative or guardian;
iv.
All tribunals
that have issued support orders governing the same NCP/CP/child(ren);
v.
All
tribunals that have registered support orders governing the same
NCP/CP/child(ren);
vi.
Any state
with assigned arrears;
vii.
Initiating
jurisdiction in a two-state action; and,
viii.
Any other
party with an interest in the arrears balance.
NOTE: This copy certification
must be completed by a Notary Public and becomes the cover sheet to the order.
6.
Make appropriate changes to ORSIS
to begin enforcement of the controlling order.
7.
Forward a copy of the Order
packet, minus the payment records and the “Calculation Reconciliation of
Arrears” form, to the Central Imaging Unit. The payment records must be secured as
restricted information.
8.
Document all actions you have
taken during the final determination process in the case-level narratives.
9.
If the
Options
After a Final Administrative
Once a
Determination of Controlling Order has been issued, it is considered a final
binding order, as long as all of the
parties have been given proper notice and an opportunity to be heard by this
tribunal. The final order determining the controlling order is now entitled
to full faith and credit. For more information on full faith and credit, refer
to CS 200P Full Faith and Credit for Child Support Orders.
If the parties or entities wish
to contest the final determination after the order has been issued, they may
choose to take one of the following actions:
1.
File a court
action for judicial review within 30 days of the date of the order. In
accordance with Utah Code 81-6-106(3)(b) and (c), they must join ORS/
“(b)(i)
When taking an action described in Subsection (3)(a), a person must file an
affidavit with the court at the time the action is commenced, the pleading is
filed, or the stipulation is submitted stating whether child support services
have been or are being provided under Part IV of the Social Security Act, 42
U.S.C., Section 601 et seq., on behalf of a child who is a subject of the
action, pleading, or stipulation.
(ii) If child support services
have been or are being provided, under Part IV of the Social Security Act, 42
U.S.C., Section 601 et seq., the person shall mail a copy of the affidavit and
a copy of the pleading or stipulation to the child and family support division
of the Office of the Attorney General.
(iii) (A) If notice is not given
in accordance with this Subsection (3), the office is not bound by any
decision, judgment, agreement, or compromise rendered in the action.
(B) For purposes of appeals,
service must be made on the Office of the Director for the Office of Recovery
Services.
(c) If child support services have
been or are being provided, that person shall join the office as a party to the
action, or mail or deliver a written request to the child and family support
division of the Office of the Attorney General, asking the office to join as a
party to the action.
(d) A copy of the request
described in (3)(c), along with proof of service, shall be filed with the
court.
(e) The office shall be
represented as provided in Subsection (2)(b).”
A copy of that request, along
with proof of service, shall be filed with the court. Send the referral packet
and all supporting documentation to the AGO.
2.
Request
reconsideration – A party that participated during the establishment action can
request reconsideration of the order in writing within 20 days after the order
was issued. For procedures and more information on reconsideration, refer to CS
382P Reconsideration. The steps below contain the forms used if reconsidering a
DCO/ROA order. If a party requests reconsideration, take the following steps:
a.
Consider the
evidence. Consider if the evidence provided at this time would alter the
decisions made in the previous order (i.e., the order determined to be the
controlling order is not valid, there is another valid order that was not
considered during the controlling order process, or a new payment record is
being submitted).
b.
Grant or
deny the request for reconsideration:
i.
Request
neither denied nor granted – If the Presiding Officer neither grants nor denies
the reconsideration request within 20 days, the request is considered denied
per Utah Code 63-46b-13(3)(b):
“(b) If the agency head or the
person designated for that purpose does not issue an order within 20 days after
the filing of the request, the request for reconsideration shall be considered
to be denied.”
ii.
Requested
denied – Issue the “Order: Reconsideration” using the reconsideration denied
options. Send a copy to all of the interested parties who received a copy of
the initial order. Document your decision in the case narratives. This form
terminates the reconsideration process.
iii.
Request
granted – Issue the “Order: Reconsideration” using the reconsideration granted
options. Then include the options showing the proposals for how the first order
will be altered based on the new evidence provided with the reconsideration
request. Send a copy to all interested parties. Proceed with the next steps.
c.
Monitor for
response for 35 days after the “Order: Reconsideration” is sent to all parties
and monitor for any responses.
d.
Issue
“Order: Reconsideration” including the amended order options.
e.
Update ORSIS
as needed and document all actions in the case narratives.
f.
Send certified copies of the “Order
Reconsideration” to all interested parties.
g.
Send a copy
of the order to the Central Imaging Unit to be imaged.
3.
Request set
aside – A party that defaulted during the establishment action can request that
the order be set aside.
a.
Determine if
the request meets the criteria for set aside. Refer to CS 383P Set Aside
Default Orders.
i.
No – Issue
“Order: Set Aside” with the options to deny the set aside request. Send a copy
to all interested parties.
ii.
Yes – If the
request meets the set aside criteria, complete the following:
A.
Issue the
“Notice of Agency Action: Set Aside” to notify all interested parties of the
intent to set aside the order;
B.
Send a copy
of the notice to the Central Imaging Unit to be imaged.
C.
Monitor for
responses from any of the parties for 35 days;
D.
Issue the
“Order: Set Aside” to set aside the “Order: Determination of Controlling
Order.” Determine if it is also necessary to set aside the NAA at this time and
choose the options accordingly;
E.
Update ORSIS
as needed and document all actions in the case narratives;
F.
Send a certified copy of the “Order: Set
Aside” to all interested parties;
G.
Send a copy
of the order to the Central Imaging Unit to be imaged; and,
H.
If a