PAYMENT PROCESSING
CS 585 Costs and Fees
05/94 Revised
06/18/24 Training Completed 07/01/24 Last Reviewed 08/04/25
U.C.A.
26B-9-204, U.C.A.
26B-9-301; 45
CFR 302.33, 45
CFR 303.7; R527-035; 42 U.S.C. 654; P.
L. 109-171; P.L.
115-123
Federal
Regulations found in
NOTE: If the noncustodial parent
(NCP) is the applicant and is receiving IV-A cash assistance or Medicaid, the
CRF (Check Fee) debt and the IRF (Federal Tax Fee) debt are automatically
ended.
1.
Application Fee – 45 CFR 302.33(c)(1)(iv)(A) requires IV-D agencies to charge an
application fee uniformly and on a statewide basis, “. . . .not to exceed
$25.00 . . . .” In effect, CSS does not charge a fee to the Non-IV-A applicant
to apply for child support services. When a Non-IV-A applicant applies for
services with CSS, the applicant is charged $0.01, but the fee is paid out of
State funds.
2.
Annual Collection
Processing Fee For Child Support Services – The United States Congress passed the
Deficit Reduction Act of 2005 (DRA), Section 7310, Public Law 109-171, which
required ORS/CSS to charge a mandatory annual $25.00 fee on “never-assistance”
cases where at least $500.00 was collected during the federal fiscal year
effective October 1, 2006. U.C.A. 26B-9-204 authorized CSS to begin collecting this fee on July 1, 2007. In
February 2018, Public Law 115-123 amended section 454(6)(B)(ii) of the Social
Security Act (42 U.S.C. 654(6)(b)(ii)) to increase the annual collection fee
from $25.00 to $35.00. Additionally, the amount the state must collect before
imposing the annual collection fee increased from $500.00 to $550.00 for each
federal fiscal year (October 1st though September 30th). Utah Code Annotated (U.C.A.) 26B-9-204
was amended on May 14, 2019 to reflect this change. The effective date for the
fee increase is October 1, 2019.
a.
Beginning
October 1, 2019,
i.
Incoming
Interstate – The fee is not charged
on incoming interstate cases because it is the initiating agency’s
responsibility to:
a.
Collect
the fee;
b.
Distribute
the payment; and,
c.
Maintain
the CP’s payment records.
ii.
Outgoing
Interstate – The fee is charged on outgoing interstate cases, because
a.
Collecting
the payment;
b.
Distributing
the payment; and,
c.
Maintaining
the CP’s payment record.
iii.
International
– No fees are charged pursuant to 45
NOTE 1: Any fees that were
collected between July 1, 2007 and September 30, 2007, were counted toward the
2007 federal fiscal year. On October 1, 2007, the beginning of the next federal
fiscal year, CSS began collection of the annual fee on all eligible cases for
federal fiscal year 2008.
NOTE 2: As required by the DRA,
the state will pay the annual fee or any difference remaining of the $35.00 fee
if $550.00 to $584.99 is collected on a IVDS
never-assistance case within the one-year period.
EXAMPLE 1: On October 15, 2019, a IVDS never-assistance case receives a payment of $250.00
that brings the total collection for the case to $585.00 for the 2020 federal
fiscal year. At disbursement, ORSIS will distribute the first $35.00 of the
$585.00 to the user collection fee for the federal fiscal year 2020.
EXAMPLE 2: On November 15, 2019, a IVDS never-assistance case receives a first time payment
in the amount of $490.00. As this case has not reached the $550.00 collection
amount, no annual fee will be taken from this payment.
·
On April 20,
2020, the case receives another $75.00 payment, ORSIS will distribute $75.00 to
the appropriate NADC debt(s) according to priority posting rules. At
disbursement, $15.00 of the payment will be distributed to the user collection
fee transaction (UF).
·
On September
29, 2020, the case receives another payment of $100.00. At disbursement, ORSIS
will distribute the first $20.00 of this payment to the user collection fee
transaction (UF) to reach the $35.00 annual amount for federal fiscal year
2020.
NOTE: In addition to the $35.00
annual fee, the applicant is still responsible to pay the 6% Payment Processing
fee on all disbursements. For more information on this fee, refer to #10
Administrative Fees for Payment Processing below.
b.
CSS does not
maintain record of CPs who receives TANF or AFDC assistance in another state. A CP should not pay the $35.00 fee if s/he
ever received case assistance.
NOTE: New
applicants may find this information on the ORS website or in the Notice of
Services, which is provided with the application for services. If the CP
contacts CSS and claims s/he has received assistance in another state, follow
the procedures listed below:
i.
Determine and verify that the CP
received cash assistance in another state.
A.
The CP must
provide CSS with historical assistance evidence in the form of written
documentation from the other state, e.g., a debt computation indicating
assigned support for cash assistance time frames.
B.
If the CP is
unable to provide documentation of the assistance, as a courtesy, the
caseworker may contact the other state’s child support enforcement agency to
verify the other state’s child support enforcement agency to verify if the CP
was ever on AFDC/TANF. Notify the other state that you are calling from Utah
child support and need to verify if the participant was open on assistance in
their state, for the purpose of collecting the $35.00 annual fee. If the other
state is unable to help and/or you are not able to verbally verify the CP’s
assistance status, the CP is responsible to gather and provide CSS with the
evidence and written verification from the other state.
ii.
Document the
evidence and your determination in both the case and participant narratives.
iii.
Alert any
other responsible caseworker(s) if the CP has another open IVDS case or
multiple cases to coordinate the fee override on all applicable cases.
iv.
Update ORSIS
to stop the fee.
3.
Federal Tax Intercept Fee – A fee of up to $25.00 is charged
to the applicant when
a.
CP is the applicant – When the CP is the
applicant, the fee is withheld from the Federal tax refund intercept payment
when it disburses to the custodial parent. The NCP receives credit for the
total amount of the Federal tax intercept payment.
EXAMPLE: If the NCP’s Federal tax intercept
payment is $200.00, the NCP’s debt balance will be reduced by $200.00. ORSIS
will withhold a $25.00 fee and disburse $175.00 to the CP.
ORSIS withholds only one $25 fee even if the
Federal tax intercept payment applies to more than one Non-IV-A debt. However,
if the amount of the tax intercept is greater than the certified debt and the
remaining amount is applied to another Non-IV-A debt, ORSIS will charge an
additional fee when you transfer the payment to that debt. When this occurs,
refund the additional $25 fee to the CP. For procedures and more information,
refer to CS 678P Federal Tax Refunds to the Noncustodial Parent.
b.
NCP is the applicant – When the NCP is the applicant,
the Federal tax intercept fee is charged to the NCP as a new debt. ORSIS
automatically adds an “
Since the Federal tax intercept payment must
be applied to a certified debt, the fee is not withheld from the intercept
payment. The
The NCP receives credit for the Federal tax
intercept payment received. If the payment is posted to a Non-IV-A debt, no
additional fees or costs are withheld before the payment is disbursed to the
CP.
EXAMPLE: If the NCP’s Federal tax refund
payment is $100.00 the NCP’s debt balance will be reduced by $100.00. ORSIS
adds a new
Do not end the “
NOTE: A payment processing fee is not charged
on payments received from the Federal tax refund intercept program. See #10
below.
4.
State Tax Intercept Fee –
5.
Genetic Testing Costs – CSS generally does not charge the
parties for the costs of genetic testing. However, exceptions do exist.
6.
Interstate Cases Costs and Fees –
If a case is
referred to another State for collection or enforcement action, the responding
state may charge fees or costs in addition to those charged by CSS pursuant to
45 CFR 303.7(e)(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. . . .”
These additional fees or costs may be passed on to the applicant.
The costs and fees are not charged when the CP is receiving cash assistance or
Medicaid. Utah charges fees for payment processing on:
a.
Non-IV-A Non-Medicaid
cases;
b.
Incoming
interstate cases – The fees are deducted from the payment before it is sent to
the initiating agency or the CP.
In accordance with 45 CFR 303.7(d)(8) all fees should be
identified on the payment.
“Identify any fees
or costs deducted from support payments when forwarding payments to the
initiating agency in accordance with paragraph (d)(6)(v) of this section. . . .”
45 CFR 303.7(d)(6)(v) also states:
“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;”
The initiating agency should give the NCP on its case credit for
the full amount of the payment, which means they will need to make periodic
manual adjustments to its accounting records unless their computer system can
do this automatically.
Pursuant to 45 CFR 302.33(d)(6), CSS must notify all states if
Utah recovers costs for payment processing. Information about Utah’s fees is
also included in the on-line Intergovernmental Referral Guide (IRG) that all
states can access.
Likewise, if another state charges a fee to the CP that is
withheld from the payment before it is sent to Utah, the NCP must be given
credit for the fee amount by adjusting the ORSIS accounting records. Currently
there are only a few states that withhold a fee before the payment is sent to
Utah. These states send payments by electronic funds transfer (EFT). ORSIS will
post the actual payment amount with an “EFF” receipt type, and then will create
an “EFTF” (EFT Interstate Cost Recovery Fee) adjustment to give the NCP credit
for the fee amount retained by the other state. ORSIS can only create the EFTF
adjustment if there is a balance due remaining on the case after the EFF
posting.
7.
International Cases Costs and
Fees – When a
state is providing child/spousal support services on a case referred from a
foreign country, section 454(32)(C) of the Social Security Act (42 U.S.C.
654(32)(C)) provides that:
“. . . .no costs will be assessed for such services against, the foreign
reciprocating country, foreign treaty country, or foreign individual . . . .”
45 CFR 303.7(e)(2) states:
“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.”
8.
Convenience Fees – A convenience fee is assessed
when an NCP makes a payment online from the ORS website (www.ors.utah.gov) or TouchPay Website (https://tpgovtpay.com/), a phone payment
using the IVR payment system, a payment at an office location through the
payment kiosk, or payments made through the TouchPay
mobile app. The convenience fee is paid by the NCP in addition to the payment
amount being made. The fee portion of the transaction will not be shown in
ORSIS. Only the amount being sent to ORS as the support payment will be
reflected in ORSIS records. Convenience fees for each payment type are:
a.
Online
Payments: 2.9% of the payment amount for credit or debit card, and e-Check
payments.
b.
IVR payment system: 2.9% of the payment amount
for credit or debit card payments. e-Check payments are not available through
the IVR payment system.
c.
Kiosk
Payments: 2.9% of the payment amount for credit or debit card payments. For
cash or e-Check payments the fee is $3.00 for the first $100.00, then $1.00 for
each additional $100.00, up to $15.00.
NOTE: Payments are no longer
being processed directly by EASCU staff and must be processed through one of
the methods provided above. Refer to CS 700P Overview, Credit Card Payments,
Forms and Appendices for more information.
9.
Noncustodial Parent Income
Withholding Fee – Effective
January 01, 1994, State law required NCPs who pay by income withholding to pay
a $3.50 fee for each income withholding payment processed by CSS, not to exceed
$7.00 per month. The law was rescinded
as of July 1, 1997, which means the NCP income withholding fee only applies to
those Utah orders issued between January 1, 1994 and July 01, 1997. If the
order was modified after July 1, 1997, continue to charge the $7.00 monthly
fee, if the original order has the fee provision language and the modified
order does not address the fee. If the original order and the modified order do
NOT have the fee provision language, discontinue the fee.
If the applicant is receiving cash assistance
or Medicaid the fee is still charged and retained by the state. The fee applies to any payment made by
income withholding, including arrears only situations. The income withholding
fee will not be disbursed to the CP when the payment applies to a State owed
debt group. For more information on income withholding, refer to CS 721P
Immediate Income Withholding.
If the CP is the applicant and the case qualifies, add an Income
Withholding (CRW) fees debt to the case. The CRW fee is not appropriate when
the NCP is the applicant. ORSIS will automatically end the CRW debt if ORSIS
determines the CRW debt is not appropriate. If the NCP is the applicant, ORSIS
will automatically add a FEES obligation with a CRF debt. For more information
on adding a FEES debt and working the CRW error reports, refer to the
appropriate subsections below:
d.
CP is the applicant – When the applicant code in
ORSIS is coded “C” (CP), the income withholding fee paid by the NCP may partially reimburse the CP for the
payment processing fees. If ORSIS does not distribute payments to the CRW FEES
debt, the CP is not partially reimbursed for the payment processing fees.
EXAMPLE: A payment of $203.50 is
received; ORSIS distributes $3.50 to the CRW debt and $200.00 to the CRS debt.
ORSIS withholds 6% of the payment distributed to the CRS debt for payment
processing fees which in this case $12.00, the maximum monthly payment
processing fee. When ORSIS prepares the warrant for the CP, ORSIS determines
that the payment processing fee was partially covered by the income withholding
fee and disburses $191.50 ($200.00 - $8.50 [$12.00 - $3.50]) to the CP.
e.
NCP is the applicant – When the applicant code in
ORSIS is coded “N” (NCP), the NCP is responsible for the payment processing
fees (CRF debts), which means ORSIS does not charge the payment processing fee
to the CP.
EXAMPLE: A payment of $212.00 is
received; ORSIS distributes $12.00 (the maximum monthly payment processing fee
amount) to the CRF debt and $200.00 to the CRS debt. When ORSIS prepares the
warrant for the CP, it recognizes that the CRF debt has been paid and that the
applicant code on the 324 screen is “N”. $200.00 is disbursed to the CP.
If the family goes on IV-A cash assistance, ORSIS will
automatically end the “CRF” or “CRW” debt, as well as unend
the CRF and CRW debt when the family goes off cash assistance.
NOTE: When ORSIS ends the CRW debt, the unpaid balance owing for
the current month is not adjusted to zero in the event that a payment is
pending. If the payment is received, ORSIS will distribute the payment to the CRW
debt. However, since the CP is receiving cash assistance, the fee amount will
be retained by the State. If the payment is not received, ORSIS will roll the
unpaid amount to the “AUW” (Accruing Income Withholding Fee) debt. The CRW debt
will not charge (CHRG) the following month if the CP is receiving cash
assistance.
10.
Administrative Fees for Payment
Processing – The CP
applicant is required to pay 6% of the payment amount for each payment applied
to his/her IV-D case, not to exceed $12.00 per month. The NCP applicant’s
payment processing fee is 6% of the payment amount that allocates to the case,
not to exceed $12.00 per month. The fee is not charged:
·
On Federal
tax refund intercept payments;
·
On any
payment amounts that distribute to a State owed debt group; or,
·
If the applicant is receiving
cash assistance or Medicaid.
a.
CP is the applicant – Administrative fees for
payment processing are withheld from the payment when it disburses to the CP. The NCP receives credit for the total
amount of the payment received.
EXAMPLE 1: The NCP pays $300.00
current support per month. The NCP pays $100.00 on July 1, 2016. ORSIS
withholds a $6.00 payment processing fee and disburses $94.00 to the CP. On
July 8, 2016 a 2nd payment of $100.00 is made. ORSIS withholds another
$6.00 payment processing fee and disburses the remaining $94.00 to the CP. On
July 15, the NCP pays $100.00. ORSIS does not deduct a payment processing fee
because the total fee amount has been met for the month; $100.00 is disbursed
to the CP.
PAYMENTS |
NADC =
$300.00 CRS PER MONTH |
|||||
|
AMT
PAID |
DATE
RCVD |
AMT
APPLIED |
FEE
AMT |
CRS
BALANCE |
AMT
SENT TO CP |
$100.00 |
07/01/16 |
$100.00 |
$ 6.00 |
$200.00 |
$ 94.00 |
|
$100.00 |
07/08/16 |
$100.00 |
$ 6.00 |
$100.00 |
$ 94.00 |
|
$100.00 |
07/15/16 |
$100.00 |
$ 0.00 |
$0.00 |
$100.00 |
|
TOTAL AMT |
$300.00 |
|
$300.00 |
$12.00 |
|
$288.00 |
EXAMPLE 2: The NCP pays $600.00 current support per month. The NCP
pays $200.00 on July 1, 2016. ORSIS withholds a $12.00 payment processing fee
and disburses $188.00 to the CP. On July 8, 2016 a 2nd payment of
$200.00 is made. ORSIS will not deduct a payment processing fee on any further
payments made during July, because the total fee amount has already been met
for the month.
PAYMENTS |
NADC =
$600.00 CRS PER MONTH |
|||||
|
AMT
PAID |
DATE
RCVD |
AMT APPLIED |
FEE
AMT |
AMT
PAID |
AMT
SENT TO CP |
$200.00 |
07/01/16 |
$200.00 |
$ 12.00 |
$200.00 |
$ 188.00 |
|
$200.00 |
07/08/16 |
$200.00 |
$ 0.00 |
$200.00 |
$ 200.00 |
|
$200.00 |
07/15/16 |
$200.00 |
$ 0.00 |
$200.00 |
$200.00 |
|
TOTAL AMT |
$600.00 |
|
$600.00 |
$12.00 |
$600.00 |
$588.00 |
If the NCP is paying by income withholding
and is paying the income-withholding fee (see #9 Noncustodial Parent Income
Withholding Fee above), the CP may be partially reimbursed for the payment
processing fees from the income withholding fee collected from the NCP. The
income withholding fee will not be disbursed to the CP when the payment applies
to a State owed debt group. If the income-withholding fee is not collected, the
CP will not be partially reimbursed for the payment processing fees.
b.
NCP is the applicant – If the NCP is the applicant,
the applicant code in ORSIS is coded as “N”.
The NCP is responsible for the administrative payment processing fees.
i.
When the NCP
makes a payment, the payment processing fee amount is deducted before the payment is applied to the
balance due and the NCP only receives credit for the amount of the payment
that is actually applied to the debt. A payment processing fee amount is not
deducted for payment amounts that distribute to a State owed debt group.
ii.
The payment
processing fee is based on a reverse percentage calculation using the following
formula:
A.
Allocation
Amount/1.06 = Distribution Amount
Allocation Amount - Distribution
Amount = Fee Amount
EXAMPLE: The NCP pays $175.00
which allocates to just one case. The fee is deducted by dividing 1.06 into the
$175.00 payment, which equals the Distribution Amount of $165.09. Then ORSIS
subtracts the Distribution Amount of $165.09 from the $175.00 Allocation
Amount, which equals the fee amount of $9.91.
B.
The reverse
percentage calculation is used for NCP applicants to ensure that the fee
charged is based on the actual payment amount applied to the debt. For example,
If the NCP applicant makes a $100.00 payment, 6% of the payment equals $6.00,
which means $94.00 would be applied to the debt and sent to the CP. However, 6%
of $94.00 = $5.64, not $6.00. Since the fee is only charged on the actual
payment applied to the debt, without a reverse percentage calculation, it would
result in the NCP being overcharged an extra $0.36 for the payment processing
fee.
EXAMPLE
1: The NCP pays $150.00 current support per month. The NCP pays $150.00 on July
1, 2016. ORSIS calculates the NCP’s payment processing fee of $8.49, applies it
to the fee debt and distributes $141.51 to the current support debt. $141.51 is
disbursed to the CP. ($150.00 payment divided by 1.06 = $141.51, which is
distributed to the debt. $150.00 payment - $141.51 distributed to debt = $8.49
processing fee. Unless another payment is received during the month, the NCP’s
owes $8.49 in arrears for the month of July.
PAYMENTS |
NADC =
$150.00 CRS PER MONTH |
|||||
|
AMT
PAID |
DATE
RCVD |
AMT
APPLIED |
FEE
AMT |
CRS
BALANCE |
AMT
SENT TO CP |
$150.00 |
07/01/16 |
$141.51 |
$ 8.49 |
$8.49 |
$141.51 |
EXAMPLE
2: The NCP pays $600.00 current support per month. The NCP pays $200.00 on July
1, 2016. ORSIS calculates the NCP’s payment processing fee of $11.32, applies
it to the fee debt and $188.68 to the current support debt ($200.00 - $11.32 =
$188.68). $188.68 is disbursed to the CP. A 2nd payment of $200.00
is received on July 8, 2016 and ORSIS only charges $ 0.68 for the fee debt and
applies $199.32 to the CRS debt and disburses it to the CP. On July 15, 2016,
the NCP pays another $200.00. No fee is charged because the maximum fee amount
has already been met. $200.00 is applied to the debt and sent to the CP.
Notice
that although the NCP paid a total of $600.00 current support for the month,
only $588.00 disbursed to CP, leaving an arrears balance on the case of $12.00.
The NCP must pay extra each month to receive credit for the full current
support amount due and owing.
PAYMENTS |
NADC =
$600.00 CRS PER MONTH |
||||||
|
AMT
PAID |
DATE
RCVD |
AMT
APPLIED |
FEE
AMT |
CRS
BALANCE |
AMT
SENT TO CP |
EOM
ARRS BAL |
$200.00 |
07/01/16 |
$188.68 |
$11.32 |
$411.32 |
$188.68 |
|
|
$200.00 |
07/08/16 |
$199.32 |
$ 0.68 |
$212.00 |
$199.32 |
|
|
$200.00 |
07/15/16 |
$200.00 |
$ 0.00 |
$ 12.00 |
$200.00 |
$12.00 |
|
TOTAL AMT |
$600.00 |
|
$588.00 |
$12.00 |
$12.00 |
$588.00 |
$12.00 |
iii.
The NCP applicant
must pay an additional amount to cover administrative fees for payment
processing.
EXAMPLE: If the NCP’s child
support obligation is $100.00 per month, the NCP must pay:
·
$106.00 if
support is paid only one time per month ($100.00
x 6% = $6.00 payment processing fee)
·
$53.00 if
support is paid semi-monthly ($50.00 x 6% = $3.00
payment processing fee)
·
$24.46 if
support is paid weekly ($23.08 x 6% = $1.38 payment
processing fee)
·
$48.92 if
support is paid bi-weekly ($46.16 x 6% = $2.77 payment processing fee)
NOTE: An original or amended Notice to Withhold
Income issued after July 1, 2016 will include the 6% payment processing fee
amount with each payment frequency amount due (i.e. monthly, semi-monthly,
weekly, bi-weekly).
iv.
If the NCP is
receiving financial assistance or Medicaid, ORSIS automatically ends the fees
obligation and CRF debt, if one has previously been created. ORSIS does not
withhold those fees from payments disbursed to the CP when the APPLICANT CODE
is “N”.
A.
ORSIS
automatically ends the fees obligation and CRF or CRW debt if the family goes
on cash assistance or Medicaid.
B.
When ORSIS ends the “CRW” debt, the unpaid
balance owing for the current month is not adjusted to zero in the event that a
payment is pending. If the payment is received, ORSIS will distribute it to the
“CRW” debt. The payment will be retained by the State. If the payment is not
received during the current month, ORSIS will roll the unpaid amount to the
“AUW” (Accruing Income Withholding Fee) debt.
C.
ORSIS will
automatically unend the “CRW” debt when the family
goes off cash assistance. For more information, refer to #9 Noncustodial Parent
Income Withholding Fee above.
c.
Applicant has changed – If the applicant changes on
the case, correct the applicant code in ORSIS to prevent ORSIS from charging
administrative fees for payment processing incorrectly in the future. ORSIS
automatically ends the fees obligation and CRF debt when the applicant code in
ORSIS is changed from “N” to “C”.
EXCEPTION: If the NCP is the
applicant, and the CP goes on cash assistance, do not change the applicant
code. During the time the CP is receiving cash assistance or Medicaid, ORSIS
will not charge the NCP the fee and will act as if the CP is the applicant.
When the CP goes off cash assistance or Medicaid, ORSIS will revert back to the
original applicant status and begin charging the NCP fees.
NOTE: CSS
will only collect the costs and fees listed above, if appropriate. Other types
of fees may be required by the court order, such as attorney fees. Generally,
collecting attorney fees is not a service that CSS provides. However, if a
child support order is provided to ORS that includes a provision for ORS to
collect a sum-certain judgment for attorney fees, send a copy of the order to
the attorney that would be assigned to the case if the case is referred for an
action to review. The attorney will review the order and notify the agent if it
is appropriate for ORS to collect the attorney fees pursuant to U.C.A.
26B-9-301(4). If the Attorney General’s Office (AGO) determines that it is
appropriate to set aside the provision for ORS to collect the attorney fees,
refer the case to the assigned attorney to take the next appropriate action.
Document all actions taken in the case narratives.