REVIEW AND ADJUSTMENT

CS 450P-8 Child Support Awards – Downward Modification Results in Overpayment of Current Support Due

10/90 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 07/06/26

45 CFR 302.51, 303.8; Utah Code 26B-9-207, 220, 221, 81-6-202, 212, 81-7-102; R527-231

Introduction

If a downward modification results in overpayment of current support due to a Non-IV-A custodial parent (CP) and if income withholding is in effect, you may reduce or suspend income withholding for a period of time until the overpayment amount zero. Please note that this can only occur when there were no arrears in the case, or there were arrears but the extra amount paid was enough to more than satisfy the arrears debt, and the remainder effectively overpaid current support for a period of time. If an arrears debt was owing to which the payment was or should have been applied, no overpayment of current support has occurred.

NOTE: Although current support continues to be due and owing under the terms of the underlying support order, the Office of Recovery Services (ORS) may choose to collect less than the ordered current support amount via an income withholding to account for an overpayment.

Procedures When Current Support Has Been Overpaid

If child support has been overpaid due to a downward modification, use the following method to resolve the overpayment:

1. Contact the NCP and the CP and explain the situation. Attempt to set up a reduced payment plan per a verbal agreement between the parties concerning how much and for how long the income withholding for the current support amount will be reduced or suspended due to the overpayment. If possible, the reduced payment plan should last no longer than the number of months between the effective date of the reduced support amount and the date that the order became final/enforceable. In the event the duration of the payment plan must exceed the number of months between the effective date of the reduced support amount and the date that the order became final, obtain approval for the payment plan through the appropriate management chain (Manager, Associate Regional Director [ARD], Regional Director [RD]).

NOTE 1: If either party is unwilling to agree to the gradual approach, suspend the support and terminate the Notice to Withhold for the appropriate period of time necessary to account for the overpayment.

NOTE 2: Do not initiate enforcement remedies of any kind until current support again becomes due under the terms of the support order.

NOTE 3: If the NCP is NOT on income withholding, you may similarly attempt to obtain a verbal agreement between the NCP and CP regarding a reduced amount to gradually bring the account back to zero.

2. Due to potential data reliability problems, the ordered current support amount cannot be temporarily reduced or ended in ORSIS to make up for an overpayment. Once the CP and the NCP have been contacted by the agent and have verbally agreed to a reduced payment plan to address the overpayment, the agent may send an amended Notice to Withhold for the amount per the reduced payment plan arrangement.