INCOMING
INTERGOVERNMENTAL
CS 202P Case Processing
Procedures
09/86
Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 03/30/26
45 CFR 303.7; 42 U.S. Code 654b; Utah
Code 81-8-305
and 307
Statutory Authority
Pursuant to 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.
(2) A responding tribunal of this
state, to the extent not prohibited by other law, may do one or more of the
following:
(a) issue or enforce a support
order, modify a child-support order, determine the controlling child-support
order, or determine parentage;
(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, 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.
(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.
(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.”
Pursuant
to 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.
(2) A child support services
agency of this state that is providing services to the petitioner shall:
(a) take all steps necessary to
enable an appropriate tribunal in this state or another state 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.
(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.
(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.
(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 pursuant to Section 81-8-319.
(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.”
The Office of Recovery Services (ORS) is required to provide the
same IV-D services on an incoming intergovernmental case as it does on an
intrastate case. The ORS teams are responsible for working all incoming intergovernmental IV-D cases
and incoming Foster Care and Youth Corrections (FSTR/YCOR) cases. The FSTR/YCOR
team is responsible for working outgoing
FSTR/YCOR intergovernmental cases.
New and Reinstated Incoming Intergovernmental Cases
New or reinstated incoming intergovernmental
referrals can be received in the following ways:
1.
Hard copy
(paper) referrals. When an intergovernmental case is opened or
reinstated in ORSIS based off of receipt of an intergovernmental referral
packet:
a.
CRU will take the following actions:
i.
Process the incoming intergovernmental packet;
and,
ii.
Generate and send the Child Support
Enforcement Transmittal #1 – Initial Request Acknowledgement form to the
initiating jurisdiction acknowledging receipt of the referral and request any
additional information/documentation that will be required in order for the
case will be processed.
NOTE: For
more information on CRU’s responsibilities, refer to CS 201P Central Registry
Responsibilities.
b.
The assigned caseworker will receive an alert
that will notify him/her that a case has been opened or reinstated in ORSIS.
Once the alert is received, take all appropriate actions.
Copies of the intergovernmental
referral packet and any documentation received from the initiating agency
regarding the case can be found in Content Manager. If some of the
intergovernmental referral documentation is missing and was requested by ORS,
once the documentation has been received by CIU it will be imaged as team mail.
The assigned agent will be responsible for following up.
2.
CSENet
referrals. Intergovernmental referrals can also be received via CSENet
transactions. You may receive a CSENet referral requesting services on an
intergovernmental case that was previously closed in ORSIS which will reinstate
the case. While the CSENet transaction
will reinstate the case, if the initiating jurisdiction is requesting services,
the initiating jurisdiction must submit the hard copy referral packet before
the case can be processed.
NOTE: After a CSENet active case has been closed, if the other
state sends information on the case using a certain ACTION CODE, ORSIS will
automatically reinstate the case (unless the case was closed using the “Death”
closure code). Review the new information provided in the CSENet. When
necessary, follow up with the other state, or if appropriate, reclose the case
using the original closure code (you do not need to allow for another 60-day
closure time period).
When a previously closed intergovernmental case reinstates due to
a CSENet referral requesting services, take the following actions:
a.
Send a CSENet message to the initiating agency
notifying the other agency that the case has been reinstated but a hard copy
referral packet will be required prior to taking any action on the case. Inform
the initiating agency that the referral packet must be received within 10 days
or noncooperation procedures will begin;
b.
Write a detailed case narrative and set an
alert to follow up on the case in 10 days;
c.
After 10 days have expired:
i.
If/when the initiating agency sends the hard
copy referral packet it will be sent to CRU for processing. CRU will process
the referral packet and then send the QIAT to the initiating agency
acknowledging receipt. Once the packet has been received, you may begin working
the case based off requested services.
ii.
If the case is missing any of the required
paperwork, determine if CRU has requested the information from the initiating
agency. If CRU has:
A.
Requested the information/documentation,
follow up with the initiating agency and take the appropriate following actions
to ensure the paperwork is received; or,
B.
Not requested the information/documentation,
contact the initiating agency to request the required documentation. Notify the
initiating agency that the paperwork must be provided within 10 days or
noncooperation procedures will begin. Continue to work the case to the extent
possible while waiting for the documentation.
iii.
If the initiating agency fails to provide the
rest of the required paperwork within 10 days, review the case to see if it
qualifies for CNC closure. For more information on CNC closure, refer to CS
061P Case Closure Overview.
For more information on intergovernmental referrals, refer to CS
230P CSENet Processes – General.
Incoming Intergovernmental Cases – Locate
Pursuant to 45 CFR 303.7(d):
“(2) Within 75 calendar days of receipt of
an intergovernmental form and documentation from its central
registry:
(i) Provide location services in accordance
with § 303.3 of this part if the request is for location services or
the form or documentation does not include adequate location
information on the noncustodial parent;
(ii) If unable to proceed with the case
because of inadequate documentation, notify the initiating agency of
the necessary additions or corrections to the form or documentation;
(iii) If the documentation received with a
case is incomplete and cannot be remedied without the assistance of
the initiating agency, process the case to the extent possible pending
necessary action by the initiating agency. . . .”
Conduct locate services within 75 calendar days of receipt of a
new or reinstated intergovernmental referral and documentation on all cases
that require full locate services. For more information on locate, refer to the
LOCATE sections of Policy.
NOTE: If the initiating agency requests a State Parent Locate or
“quick” locate only, the 75 day timeframe is not applicable. “Quick” locates
are worked by State Parent Locate Services (SPLS) Unit located with CRU (Team
38). For more information on the CRU responsibilities, refer to CS 201P.
Incoming Intergovernmental Cases – Other Services
Pursuant to 45 CFR 303.7(d), responding IV-D
agencies shall:
“(6) Provide any necessary
services as it would in an intrastate IV-D case including:
(i) Establishing
paternity in accordance with § 303.5 of this part and, if the agency
elects, attempting to obtain a judgment for costs should paternity be
established;
(ii) Establishing a
child support obligation in accordance with § 302.56 of this chapter
and §§ 303.4, 303.31 and 303.101 of this part;
(iii) Reporting overdue
support to Consumer Reporting Agencies, in accordance with section
466(a)(7) of the Act and § 302.70(a)(7) of this chapter;
(iv) Processing and
enforcing orders referred by an initiating agency, whether pursuant
to UIFSA or other legal processes, using appropriate remedies applied
in its own cases in accordance with §§ 303.6, 303.31, 303.32, 303.100 through 303.102,
and 303.104 of this part, and submit the case for such other Federal
enforcement techniques as the State determines to be appropriate,
such as administrative offset under 31 CFR 285.1 and passport denial
under section 452(k) of the Act;
(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; and
(vi) Reviewing and
adjusting child support orders upon request in accordance with §
303.8 of this part. . . .”
Provide all of the same services on incoming
intergovernmental cases as provided on intrastate cases, such as:
·
Establish parentage (refer to the ESTABLISHMENT
OF PARENTAGE section of Policy);
·
Establish an order for support (refer to the ESTABLISH ORDER sections of
Policy);
·
Establish/enforce a medical support obligation
(refer to the MEDICAL SUPPORT sections of Policy); and/or,
·
Collect and enforce support orders (refer to
the STATE TAX INTERCEPT, FEDERAL TAX INTERCEPT, PAYMENT METHOD ON PAST-DUE
SUPPORT, INCOME WITHHOLDING, and ENFORCEMENT OF SUPPORT OBLIGATION sections of
Policy).
Incoming Intergovernmental Cases – Payment Disbursement
42 U.S. Code 654b(c) states:
“(1)In general
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. The date of collection for
amounts collected and distributed under this part is the date of receipt by the
State disbursement unit, except that if current support is withheld by an
employer in the month when due and is received by the State disbursement unit
in a month other than the month when due, the date of withholding may be deemed
to be the date of collection.”
Payments must be forwarded by accounting to the
initiating agency within two (2) business days of receipt by ORS. For more
information on distribution, refer to CS 535P Distribution of Collections.
Incoming Intergovernmental Cases – Notice
Requirements
1.
Hearing, reviews, orders. Pursuant to 45 CFR 303.7(d)(7):
“Provide timely notice to the initiating agency in
advance of any hearing before a tribunal that may result in establishment or
adjustment of an order;”
For more information, refer to CS 450P Review
& Adjustment of a Support Award – General Information, Forms, Federal
Timeframes and CS 451P Review & Adjustment of a Support Order to Include
MEDICAL Support Only. The “Interstate: Notice of Hearing” letter is included in
the notice packet whenever a notice is requested using document generation. A
copy of any new order must be provided to the initiating agency.
2.
New information. Pursuant to 45 CFR 303.7(a)(7) a IV-D agency
must:
“Notify the other agency within 10 working days of receipt of new
information on an intergovernmental case. . . .”
Within 10
working days you must notify the initiating agency of receipt of new
information (i.e., information concerning a new order, a new payment plan
[e.g., a change/adjustment in debt(s)], any new information known only to Utah,
an upcoming scheduled hearing, and in a post
order case, a change of address for the noncustodial parent (NCP) as the
other state may need the address to notify the NCP of Federal Tax Intercept).
If the other jurisdiction is a:
a.
CSENet State – Send the new information to the initiating
agency electronically using a CSENet transaction. If appropriate, mail hard
copies of the information to the initiating agency. For more information, refer
to CS 230P; or,
b.
Non CSENet State – Send the new information to the initiating
agency using the Child Support Transmittal #2 – Subsequent Actions (form QISA)
or the Interstate: Progress Report.
Incoming Intergovernmental Cases – Costs and
Fees
45 CFR 303.7(e) Payment and recovery of costs in intergovernmental IV-D
cases states:
“(1) The responding IV-D
agency must pay the costs it incurs in processing intergovernmental IV-D
cases, including the costs of genetic testing. If paternity is established, the
responding agency, at its election, may seek a judgment for the costs of
testing from the alleged father who denied paternity.
(2) Each State IV-D
agency may recover its costs of providing services in intergovernmental
non-IV-A cases in accordance with § 302.33(d) of this chapter, except
that a IV-D agency may not recover costs from an FRC or from a
foreign obligee in that FRC, when providing services under sections 454(32) and
459A of the Act.”
Pursuant to 45 CFR 303.7(e)(1), ORS must pay
the costs incurred in working incoming intergovernmental cases (e.g., attorney
fees, constable costs, genetic testing costs). Pursuant to 45 CFR 303.7(e)(2),
a responding state may charge fees (i.e., payment processing fees) or costs in
addition to those charged by the initiating agency. For more information on
costs and fees refer to CS 585P Costs and Fees.
Incoming Intergovernmental Cases – Case Closure
For information and procedures on closing an
incoming intergovernmental case, refer to CS 061P Case Closure Overview.