UIFSA
CS 154-5 Determination of the
Controlling Order (DCO) Procedures
– Reconciliation of Arrears (ROA)
01/28/02
Revised 09/02/25 Training Completed 09/16/25 Last Reviewed 09/30/25
45 CFR
303.7; Utah
Code 26B-9-206, 81-8-207, 305; IRS Publication 1075
Introduction
and Statutory Authority
Under the
Full Faith and Credit of Child Support Orders Act (FFCCSOA) and the Uniform
Interstate Family Support Act (UIFSA) there are specific rules for determining
the controlling order (DCO) -- the one order
to be recognized for prospective enforcement. [Refer to CS 154P Determination of the
Controlling Order (DCO) Overview.] Once a tribunal determines the controlling
order, the arrears and/or interest owed
under all other order(s) can no longer accrue. The arrears (including interest due) are locked in as of the date of
the DCO.
A
reconciliation of arrears (ROA) determines the total amount of the arrears due
under all of the previous support orders as of the
point of the DCO. ROA is a process in which all necessary information is
gathered on the accruing orders; e.g., the amount of
accruing support, the amount of interest accrued, the amount of fees due, the
amount of support paid and/or other methods of satisfying the obligation. Once
the information is gathered, a determination is made
of the remaining arrears balance. An ROA may include, but does not have to include, an allocation of arrears (a determination as to
whom the arrears are owed).
Many states
are operating under the 1996 version of UIFSA; for those states, the ROA at the
time of DCO is a recommended best practice, but not
required. Under the 2001 version of UIFSA (effective in Utah as of May 16,
2004) it is required that an (ROA)
occur as part of the DCO. Utah Code 81-8-207 states:
“(6) A
tribunal of this state that determines by order which is the controlling order
under Subsection (2)(a), (b), or (3) that issues a new controlling order under
Subsection (2)(c), shall state in that order:
(a) the
basis upon which the tribunal made the tribunal's determination;
(b) the
amount of prospective support, if any; and
(c) the total amount of consolidated arrears
and accrued interest, if any, under all of the orders
after all payments made are credited as provided by Section 81-8-209.”
(Emphasis added.)
An ROA
completed in conjunction with a DCO has the effect of a sum-certain judgment
and should be given full faith and credit by all states per Utah Code 81-8-207:
“(8) An order that has been determined to be the controlling
order, or a judgment for consolidated arrears of support and interest, if any,
made in accordance with this section shall be recognized in proceedings under
this chapter.”
From the point of the DCO
forward, child support and interest (on all existing arrears as of the point of
the reconciliation of arrears and on all prospective arrears) accrue according
to the laws of the state that issued the controlling order. Like DCO, an ROA
resulting in a judgment should only occur one time.
45 CFR
303.7(a)(6) states:
“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. . .
.”
When to
Complete a Reconciliation of Arrears (ROA)
1.
Complete an
ROA at any time that Utah will complete a formal DCO.
a.
New incoming
intergovernmental cases with multiple orders;
b.
New in-state
cases with multiple orders;
c.
A case with
multiple orders is being referred to another state for a two-state action;
d.
Prior to
registering an order (on a case with multiple orders) in a Utah court;
e.
Prior to a
modification (on a case with multiple orders);
f.
Prior to
judicial enforcement action (on a case with multiple orders); and,
g.
A noncustodial parent (NCP) contests the arrears balance or
ongoing support amount on a case with multiple orders. (This may be in response
to an “Annual Notice of Past-Due Child Support”) or may be a request for
administrative review that will result in an arrears sum certain judgment.)
2.
Complete an ROA in the following
situations when Utah has already completed a final DCO under UIFSA 1996 but the ROA was not completed at that time.
a.
A case that
previously had multiple orders is being referred to another state for a
two-state action;
b.
The
determined controlling order (on a case that previously had multiple orders) is
being registered in a Utah court;
c.
An NCP
contests the arrears balance on a case that previously had multiple orders. (This
may be in response to an “Annual Notice of Past-Due Child Support” or may be a
request for administrative review that will result in an arrears sum certain
judgment.)
Procedures –
Another State Conducts ROA
If Utah does not have jurisdiction to conduct a
formal DCO/ROA process, CSS will gather information about orders and payment
records, forward the information to the state with personal jurisdiction over
the parties, and request that state to complete the
formal ROA. Generally, these steps will occur at the same time as a request for
a formal DCO process, but can occur separately if a
DCO was completed at an earlier date. Reminder: If another state has not passed
UIFSA 2001, that state is not required to complete an ROA.
Procedures –
Utah Conducts Review, Calculating the Reconciled Arrears Balance
If the
preliminary arrears balance is being calculated in preparation for a judicial action such as registration of a foreign support
order or other judicial enforcement action, the ROA adjudication and final
order will also be completed judicially. The agent sending the referral packet
to the Attorney General’s Office (AGO) is responsible for the following steps
below and to prepare the necessary ROA information prior to the AGO referral.
When the
preliminary arrears balance is not being
completed in preparation for a judicial action, the
ROA process can be completed using UAPA. Senior Agents will conduct the
preliminary arrears calculation and Presiding Officers (PO) will conduct the
ROA proceeding resulting in a final order.
1.
Attempt to gather all information
needed for the ROA.
a.
Obtain or
request the information below:
i.
Copies of
all existing support orders;
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, etc.;
iii.
All claims
for interest due under existing orders (a claimant must calculate interest
accrued, subtract payments made, and assert a claim for the balance due to be
included in the ROA. If a claimant fails to provide any claims of interest, ORS
will consider that the claimant has waived her/her claims to interest and
continue with the ROA process);
iv.
All claims
for fees due under existing orders (a claimant must calculate fees accrued,
subtract payments made, and assert a claim for the balance due to be included
in the ROA. If a claimant fails to provide any claims for fees, ORS will
consider that the claimant has waived his/her claims for fees and continue with
the ROA process);
v.
Timeframes
of child support arrears assigned to any state under the IV-A assignment of
rights;
vi.
Child and
custody information; and,
vii.
Emancipation
information.
b.
Use the
following tools to obtain or request the information you need:
i.
Information
provided with the incoming interstate referral.
ii.
Federal Case
Registry
iii.
“Child
Support Enforcement Transmittal #3—Request for Assistance/Discovery” for non-CSENet states.
iv.
CSENet.
v.
“Request for
Information: Determination of Controlling Order and Reconciliation of Arrears.”
vi.
“Statement
of Arrearage Claimed.”
vii.
ORSIS.
viii.
Court
records.
NOTE: If Utah was responsible for the initial or final
determination, you should already have a certified copy of the order(s) and a
payment history from each state issuing an order in the case. If the order is
payable through a state’s IV-D Child Support Enforcement agency, request the
payment history at the same time you request a
certified copy of the order via CSENet. If the order
is payable directly to an individual or to the courts for any period of time, ask that individual or the court to complete
a declaration of arrears.
c.
Monitor for
the requested information. If not using CSENet to
obtain the information, set a “SELF” alert for 35 days after the requests are
sent to determine if you have received all of the information needed.
i.
Yes (all information received) – Proceed with the arrears calculation.
ii.
No (information not received) – Obtain the minimum necessary
information from alternative sources; e.g., telephone the other state, send
another CSENet message, contact the state Interstate
Coordinator and work with the other state’s representatives to get the needed
information.
NOTE: Minimum necessary information only includes information
about child support orders and payments that is
required to calculate the total support due and the total support paid. Other
information, such as interest, fees, assignment of support rights, etc. is only
necessary if a party wishes to make a claim as part of the ROA process. If a
party fails to provide the other information as requested, consider that the
party has waived its claims to those issues and continue with the ROA process.
2.
Create a worksheet for the ROA.
3.
Calculate the accrual of child
support due per each existing order.
a.
Determine if
there are adjudicated arrears;
b.
Determine
the date that child support began accruing;
c.
Determine if
there is an ending date for child support accrual;
d.
Identify the
points at which any child issues such as emancipation or custody
changes occur that may impact the obligation. Describe each change on
the worksheet at the point at which it occurs; and,
e.
Repeat this
step for each existing order.
NOTE: Add this information to the “Order Information” page of the
Reconciliation of Arrears Calculator.
4.
Calculate the gross total amount
of child support due from the NCP. When the orders overlap or run simultaneously, charge the debt
according to the highest amount due that month. Calculate the gross amount
accruing on a monthly basis and the gross total due for the entire period in
question.
5.
Interest. The law of the issuing state
governs the computation and payment of arrearages and the accrual of interest. Each
state’s order accrues interest at that state’s specific rate. Basic interest information can be found on the on-line
IRG; however, you must give each state that issued an order an opportunity to
claim the amount of interest it wants to have included in the balance. If
another state declines to provide an interest calculation, consider its claim
waived and complete the ROA without it. Do not calculate interest accrual for
other states’ orders. Instead, rely on the interest calculations provided to
you. Add those figures to your worksheet and determine the gross total amount
of interest due from the NCP.
6.
Calculate the gross total amount
of fees due from the NCP. CSS will not calculate fees due to other states. Rely on the fee
calculations provided to you with the payment records and add those figures to
your worksheet.
7.
Apply any credits. Credits include any payments made and any credits given to the
NCP per the laws of the other jurisdictions. Apply the
payments using all of the information available. Payments
may be demonstrated by official pay records, handwritten receipts from the
parties, any documentation of credit for something other than money received,
payment of the children’s portion of medical benefits, etc. Be careful not to
allow double credits for payments collected by one state then sent to another
state as part of a two-state action.
8.
Apply any legal limitations (may be state-specific issues) and the
appropriate statute of limitations to each order’s arrears. Obtain this information from the
other state(s) or from the online IRG.
9.
Determine the total arrears
balance owed. This is the
accrual of arrears plus accrued interest and fees, less any payments and
credits, and less any debt that may now be unenforceable due to operation of
law.
10.
Allocate the IV-A assigned
support time periods. Under UIFSA
2001, the allocation of the arrears balance is optional; however, this
information is useful to states when dividing the
total balance due among the states. Because of the limited information which is
likely to be available regarding the disbursement of payments between IV-A and
Non-IV-A debts within each state, CSS will only indicate the months that are
permanently assigned to each state agency and the gross support due to each
state agency for those months. Each state agency can then apply its own payment
records to the gross total and calculate its own exact portion of the total
arrears balance.
EXAMPLE 1: One Order.
NOTE: The timeframes have been condensed to one year for
illustration purposes.
a.
You are
completing an ROA on January 1, 2004. You gather the
following information about existing orders:
Order |
Issuing State |
Ongoing Amount |
Effective Date |
Order 1 |
Kansas |
200.00/month |
January 1,
2003 |
b.
Create a
Reconciliation of Arrears Calculation. Complete the following information:
i.
Amount due
per each existing order;
ii.
Highest Due - Gross monthly amount due from the NCP;
iii.
Payments - Credits toward support (includes payments, parent-time,
insurance);
iv.
Unpaid balance;
Year: 2003 |
|||||
Month |
Kansas |
Highest Due |
Payments |
Unpaid Balance |
Notes |
January |
$200.00 |
$200.00 |
|
$ 200.00 |
|
February |
$200.00 |
$200.00 |
$100.00 |
$ 100.00 |
|
March |
$200.00 |
$200.00 |
|
$ 200.00 |
|
April |
$200.00 |
$200.00 |
$100.00 |
$ 100.00 |
|
May |
$100.00* |
$100.00 |
|
$ 100.00 |
*Parent-time |
June |
$200.00 |
$200.00 |
$50.00 |
$ 150.00 |
|
July |
$200.00 |
$200.00 |
|
$ 200.00 |
|
August |
$200.00 |
$200.00 |
|
$ 200.00 |
|
September |
$165.00* |
$165.00 |
$800.00 |
$(635.00) |
*Insurance Credit Starts |
October |
$165.00 |
$165.00 |
$200.00 |
$ (35.00) |
|
November |
$165.00 |
$165.00 |
|
$ 165.00 |
|
December |
$165.00 |
$165.00 |
$50.00 |
$ 115.00 |
|
|
|
|
|
|
|
Totals |
|
$2,160.00 |
$1,300.00 |
$ 860.00 |
|
c.
Calculate
the total interest and fees due based on information provided to you. In
addition to the payment information, you receive the following:
i.
Kansas
charged:
A.
$27.50
Interest. NCP has not paid anything toward interest.
B.
$70.00 fees.
NCP has paid $40.00 toward fees.
d.
Determine
the total arrears balance owed.
Category |
Total Due |
Total Paid |
Balance Due |
Child Support |
$2,160.00 |
$1,300.00 |
$ 860.00 |
Interest |
$ 27.50 |
$ 0.00 |
$ 27.50 |
Fees |
$ 70.00 |
$ 40.00 |
$ 30.00 |
Total Balance |
|
$ 917.50 |
EXAMPLE 2: Multiple Orders.
(NOTE: The timeframes have been condensed to one year for illustration
purposes.)
a.
You are
completing an ROA on January 1, 2004. You gather the
following information about existing orders:
Order |
Issuing State |
Ongoing Amount |
Effective Date |
Order 1 |
California |
200.00/month |
January 1,
2003 |
Order 2 |
Utah |
400.00/month |
April 1,
2003 |
Order 3 |
Idaho |
250.00/month |
October 1,
2003 |
b.
Create a
Reconciliation of Arrears Calculation. Complete the following information:
i.
Amount due
per each existing order;
ii.
Highest Due - Gross monthly amount due from the NCP;
iii.
Payments - Credits toward support (includes payments, parent-time,
insurance);
iv.
Unpaid balance;
Year: 2003 |
|||||||
Month |
California |
Utah |
Idaho |
Highest Due |
Payments |
Unpaid Balance |
Notes |
January |
$200.00 |
|
|
$200.00 |
|
$200.00 |
|
February |
$200.00 |
|
|
$200.00 |
$100.00 |
$100.00 |
|
March |
$200.00 |
|
|
$200.00 |
|
$200.00 |
|
April |
$200.00 |
$400.00 |
|
$400.00 |
$100.00 |
$300.00 |
|
May |
$200.00 |
$300.00* |
|
$300.00 |
|
$300.00 |
*Parent-time |
June |
$200.00 |
$400.00 |
|
$400.00 |
$50.00 |
$350.00 |
|
July |
$200.00 |
$400.00 |
|
$400.00 |
|
$400.00 |
|
August |
$200.00 |
$400.00 |
|
$400.00 |
|
$400.00 |
|
September |
$200.00 |
$375.00* |
|
$375.00 |
$800.00 |
$(425.00) |
*Insurance Credit Starts |
October |
$200.00 |
$375.00 |
$250.00 |
$375.00 |
$200.00 |
$175.00 |
|
November |
$200.00 |
$375.00 |
$250.00 |
$375.00 |
|
$375.00 |
|
December |
$200.00 |
$375.00 |
$250.00 |
$375.00 |
$50.00 |
$325.00 |
|
|
|
|
|
|
|
|
|
Totals |
|
$4,000.00 |
$1,300.00 |
$2,700.00 |
|
c.
Calculate
the total interest and fees due based on information provided to you. In
addition to the payment information, you receive the following:
i.
California
charged:
A.
$10.00 interest
for their balance from 1/1/2003 to 12/31/2003. None of the interest due has
been paid.
B.
$25.00 fees.
NCP has paid $15.00 toward fees.
ii.
Utah
charged:
A.
No interest.
B.
$25.00 fees.
NCP has paid the full fee amount.
iii.
Idaho
charged: No interest or fees.
d.
Determine
the total arrears balance owed.
Category |
Total Due |
Total Paid |
Balance Due |
Child Support |
$4,000.00 |
$1,300.00 |
$2,700.00 |
Interest |
$ 10.00 |
$ 0.00 |
$ 10.00 |
Fees |
$ 50.00 |
$ 40.00 |
$ 10.00 |
Total Balance |
|
$2,720.00 |
ROA Procedures
– Judicial Process
If the
preliminary calculation is being completed in preparation for a judicial action
such as registration of a foreign support order or other judicial enforcement
action, the ROA adjudication and final order will also be completed judicially.
Once all of the necessary information has been
gathered and there is an alleged arrears calculation, prepare the case for
referral to the AGO.
1.
Prepare documentation: Ensure that Content manager
contains the DCO order, the Reconciliation of Arrears Calculation with a signed
and notarized “Verification/Certification” section, copies of all orders, and
copies of all payment records received from other agencies. Also include
address information for all interested parties and tribunals (including the
initiating state IV-D agency if Utah is the responding state in a 2-state
action) that must be notified as part of the ROA process.
2.
Send the referral packet to the
AGO.
ROA
Procedures – Administrative Process
When the ROA
is not being completed in preparation for a judicial
action, the ROA process can be completed using UAPA. Normally, the ROA is
completed at the same time as the DCO. However, if Utah completed a final DCO
order prior to UIFSA 2001 being effective, but did not complete an ROA at that
time, follow the steps below to complete the ROA as a separate process.
1.
Prepare a “Notice of Agency Action: 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” cover letter;
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;
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 the Notice of Agency Action packet by first-class mail or serve
the packet by certified mail on all interested parties as indicated below.
a.
NCP(s)
(certified mail);
b.
CP (certified
mail) – If the CP’s address is not on ORSIS, obtain it from the interstate
transmittal (received from the other state). If the Intergovernmental
transmittal does not list the CP’s address, contact that state and get the
address;
c.
Specified
relative or guardian (first-class mail);
d.
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);
e.
Any state
with assigned arrears (first-class mail);
f.
Initiating
jurisdiction in a two-state action (first-class mail); and,
g.
Any other
party with an interest in the arrears balance (first-class mail).
NOTE: All parties must be notified, so 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 packet to the Central
Imaging Unit.
6.
Refer the packet to the
appropriate Presiding Officer (QA) once the parties have been served. The Presiding Officer 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 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 reconciled arrears balance, refer the case to the AGO with all of the
supporting documentation to complete the ROA judicially.
ii.
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 judicially.
b.
Any party
can request a judicial hearing to reconcile the arrears by completing the
“Hearing Request: Notice of Agency Action, Determination of Controlling Order
and/or Reconciliation of Arrears.”
i.
Consider any
additional information provided and recalculate the balance as appropriate.
ii.
Refer the
case to the AGO with all of the supporting documentation to complete the ROA
judicially.
c.
No contest
to the controlling order or the reconciled arrears balance. Begin procedures to
finalize the ROA.
ROA Procedures
– Final Reconciliation of Arrears, Administrative Process
If the ROA
is being completed as a separate action (not in conjunction with a final DCO),
follow the procedures below.
1.
Prepare the “Order: Reconciliation
of Arrears” packet. The packet
should include the following:
a.
“Order:
Reconciliation of Arrears;”
b.
“Courtesy
Copy of Order: Determination of Controlling Order and Reconciliation of
Arrears;”
c.
“Reconciliation
of Arrears Calculation;”
d.
Copies of
all orders; and,
e.
Copies of
all payment records.
2.
Add balance information to ORSIS. Adjust the arrears balance to the portion of the reconciled arrears
amount that is being collected by Utah.
3.
Send copies of the “Order:
Reconciliation of Arrears” packet to all parties. All parties must be notified
within 30 calendar days of receipt of the determination from the tribunal
pursuant to 45 CFR 303.7(d)(5)(ii).
“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 order determination and any reconciled arrearages within 30
calendar days of receipt of the determination from the tribunal. . . .”
This includes:
a.
NCP(s);
b.
CP;
c.
Specified
relative or guardian;
d.
All
tribunals that have issued support orders;
e.
Any state
with assigned arrears;
f.
Initiating
jurisdiction in a two-state action; and,
g.
Any other
party with an interest in the arrears balance.
4.
Forward a copy of the order, minus
the payment record to the Central Imaging Unit to be imaged.
Options
after a Final Administrative Reconciliation of Arrears
If any
of the parties wish to contest a final administrative ROA order issued by Utah,
they have the options of requesting reconsideration (if the requesting party
participated), requesting set aside (if the requesting party defaulted), or
filing an action for judicial review.