OUTGOING INTERGOVERNMENTAL
CS 221P In-State Remedies on Out-of-State
Cases
04/87
Revised 11/15/17 Training Completed
Introduction
When a noncustodial parent (NCP) lives outside the state of Utah,
you must use all appropriate in-state remedies available to you before
referring the case to another state.
Once you determine that a “two-state” intergovernmental referral
is necessary, you must initiate it within 20 calendar days and send it to the
responding agency along with any other information or documentation necessary
to process the case pursuant to 45
“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;”
Refer to the related policies listed below for more information on
intergovernmental cases.
1. CS 151P Duties
and Federal Timeframes;
2. CS 222P
Intergovernmental Referral Methods;
1.
“Initial
Support Letter to NCP”:
This letter is automatically generated by ORSIS to all NCPs on new or
reinstated cases when the total arrears balance of all of the NCP’s case(s)
does not meet the auto enforcement criteria. The letter notifies the NCP of
important information, which includes enforcement actions that may occur if an
arrearage accumulates. For procedures
and more information on enforcement, refer to CS 802P Annual Notice of Past-due
Child Support, General and CS 802P-3 Annual Notice of Past-due Child Support:
Civil or Criminal Referrals to the AGO; Intergovernmental Cases.
2.
Long-Arm
Statute: Utah's long-arm statute
gives Utah jurisdiction over an out-of-state NCP in some situations. Always utilize long-arm remedies whenever
possible, before requesting an intergovernmental referral to another state.
For
more information on long-arm, refer to CS 220P Long-Arm.
3.
Income
Withholding: If the NCP works for an
employer in another state and meets the requirements for income withholding,
send a “Notice to Withhold Income for Child Support” directly to the employer
or payor of income. For procedures and
more information on income withholding, refer to CS 156P Direct Income
Withholding.
4.
Criminal
nonsupport: When administrative and/or
civil enforcement has been attempted and the out-of-state NCP still fails to
pay support as ordered, review the case with your team manager and attorney to
determine if it is appropriate to refer the case to the Attorney General's
Office (AGO) to file state or federal criminal nonsupport charges. For procedures and more information on
criminal nonsupport, refer to CS 844P Criminal Nonsupport Overview.