PAYMENT METHODS

CS 700P Overview, Payment Methods, Forms and Appendices

11/85 Revised 09/03/24 Training completed 09/17/24 Last Reviewed 09/03/25

Utah Code 26B-9-207, 26B-9-219, 81-6-101, and 81-7-102

 

 

Statutory Authority

 

Utah Code 81-7-102 Payment under child support order – Judgment states:

“(1) All monthly payments of child support and alimony are due on the 1st day of each month in accordance with Title 26B, Chapter 8, Recovery Services and Administration of Child Support.

(2) For purposes of child support services and income withholding described in Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the 1st day of the following month.

(3) For purposes other than those specified in Subsection (1) child support is payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.

(4) Each payment or installment of child support or alimony under any support order is, on and after the date the payment or installment is due:

(a) a judgment with the same attributes and effect of any judgment of a district court, except as provided in Subsection (5);

(b) entitled, as a judgment, to full faith and credit in this and in any other jurisdiction; and

(c) not subject to retroactive modification by this or any other jurisdiction, except as provided in Subsection (5).”

 

When a noncustodial parent (NCP) does not pay the ordered amount by the end of the month, the Office of Recovery Services/ Child Support Services (ORS/CSS) considers the case delinquent as of the first day of the following month, even if the support order requires payment to be made during the month (e.g., on the 5th and the 20th of each month). Once delinquent, CSS may commence enforcement action to collect the past-due amount. Refer to CS 801P General Enforcement for more information.

 

In addition, CSS may periodically review the NCP’s ability to pay off the past-due amount. Past-due child support payable to CSS is not an installment debt. It should be paid in full as soon as possible, regardless of the reason for the delinquency, to minimize further injustice to those who were supposed to receive it on time under the terms of the support order.

 

Utah Code 26B-9-219 states:

“(1) The office may:

(a) set or reset a level and schedule of payments at any time consistent with the income, earning capacity, and resources of the obligor; or

(b) demand payment in full.

(2) If a support debt is reduced to a schedule of payments and made subject to income withholding, the total monthly amount of the scheduled payment, current support payment, and cost of health insurance attributable to a child for whom the obligor has been ordered may only be subject to income withholding in an amount that does not exceed the maximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b).

(3)(a) Within 15 days of receiving notice, an obligor may contest a payment schedule as inconsistent with Subsection (2) or the rules adopted by the office to establish payment schedules under Subsection (1) by filing a written request for an adjudicative proceeding.

(b) For purposes of Subsection (3)(a), notice includes:

(i) notice sent to the obligor by the office in accordance with Section 26B-9-207;

(ii) participation by the obligor in the proceedings related to the establishment of the payment schedule; and

(iii) receiving a paycheck in which a reduction has been made in accordance with a payment schedule established under Subsection (1).”

 

For additional information, refer to CS 701P Payment Methods on Past-due Support, Contesting Payment Schedule.

 

 

Arrears Payment Methods Overview

 

To facilitate payment of past-due support, CSS utilizes several different payment methods that are listed below in order of priority.

 

1.                   Payment in full at 100% of the amount owing. (Refer to CS 700P-1 Payment in Full at 100% or Discounted Settlement for more information.)

 

2.                   Payment in full at a discounted lump sum settlement. (Refer to CS 700P-1 for more information.)

 

3.                   Up to 100% of the current support obligation when collecting current support and arrears. (Refer to CS 700P-2 Monthly Arrears Payment Options and Procedures for more information.)

 

4.                   Up to 200% of the current support obligation when collecting arrears only. (Refer to CS 700P-2 for more information.)

 

5.                   Computed assessment amount. (Refer to CS 700P-2 for more information.)

               

To determine which method of payment is appropriate on a case, consider the NCP’s resources, assets, income, and ability to borrow. Always use the payment method that will result in payment or satisfaction of the debt at the earliest possible date.

 

Also refer to the following policy sections for more information: CS 700P-3 Discharge of IV-A Arrears/Forgiveness of Non-IV-A Arrears and CS 700P-4 Reassessment of Arrears Payment Procedures.

 

 

Forms of Payment Accepted

 

If the NCP asks you which forms of payment CSS will accept, inform the NCP that CSS will accept cash, credit or debit card (Visa®, MasterCard®, Discover Card® or American Express®), electronic check, personal check, cashier’s check, or money orders. Either ORSIS or Accounting will place a 14 or 21 day hold on a payment for an amount over $2,500.00 if the funds are not certified. Money orders and cashier checks are not considered to be “certified” because the purchaser can cancel them. These payments will have a 14 or 21 day hold placed on them to minimize payments being returned due to insufficient funds, closed accounts, or counterfeit checks. An advance on a debit card is also not considered to be certified funds. Cash payments may only be made at the kiosks located in the Taylorsville, Ogden, Provo, or St. George offices.

 

 

Kiosk Payments

 

An NCP may make a payment at any payment kiosk located at the Taylorsville, Ogden, Provo or St. George offices. Kiosk payments can be made using a credit card (Visa®, MasterCard®, American Express® or Discover Card®), a debit card with a Visa® or MasterCard® logo, by electronic check (e-check) using checking or savings account information, or by cash. When the NCP makes a payment using the kiosk, a convenience fee is assessed and added to the payment amount. The fee is equal to 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. The convenience fees are in addition to any additional fees the participant’s credit card company may charge.

 

NOTE 1: Beginning September 6, 2019, credit/debit card, e-check and cash payments made at the office locations MUST be made at the kiosks.

 

NOTE 2: If an NCP has multiple cases and wants to pay with intent (NCP expresses his/her intention of where a payment should be applied), each case will require a different transaction because only one case number can be entered at a time. A fee will be charged for each transaction. If an NCP has multiple cases and makes a one transaction payment using their PID or Social Security Number, the payment will follow normal distribution rules. For more information see CS 537P Distribution of all Payments other than Discounted Settlements and Federal Tax Intercept Payments.

 

 

Phone Payments

 

An NCP may make a payment by debit card or credit card (Visa®, MasterCard®, American Express® or Discover Card®) over the phone by using the IVR payment system by calling (888) 346-4679. The NCP must call IVR payment system directly in order to make a payment over the phone. Phone payments made using the IVR payment system will be charged to a 2.9% convenience fee and are limited to an overall maximum amount of $2,999.99, including fees.

 

 

Online Payments

 

An NCP may make a payment by either clicking on the “Make A Payment” link or by accessing the ORS Interactive Case Access System (ICA) link. Both of these are located on the ORS website (www.ors.utah.gov). Payments are processed through TouchPay and can be made using a credit card (Visa®, MasterCard®, American Express® or Discover Card®), a debit card with a Visa® or MasterCard® logo, or by electronic check (e-check) using checking or savings account information. When the NCP makes a payment online from the ORS website, a convenience fee is assessed to the NCP and added to the payment amount. The fee is equal to 2.9% of the payment amount for credit card, debit card or e-Check payments. The convenience fee is in addition to any charges the participant’s credit card company may assess.

 

Instructions for a participant to create a user ID and password for the ICA are linked on the ORS webpage. An email address is required to register. Once an NCP has logged into the ICA, payments can be made online from the ORS website. The online payment instructions can be accessed through the website.

 

NCP’s can make the payment process easier by using one of the following options:

1.                   Bypass the ORS website by going directly to https://tpgovtpay.com/; or,

2.                   Download the TouchPay mobile application on a mobile device capable of supporting the app.

 

 

Automatic Payment Withdrawal

 

An NCP may make monthly payments via Automatic Payment Withdrawal (APW), without any convenience fees. If the NCP is eligible to participate in APW, s/he may enroll in the monthly APW in lieu of income withholding. APW registration is accessed through the ICA. For more information on APW, refer to CS 750P Automatic Payment Withdrawal.

 

 

Appendices Overview

 

1.                   Appendix R-P – Reasonable Necessities and Child Care Allowance Chart Table 1. Use this table to determine the reasonable necessities amount when you are using the computed assessment method.

 

2.                   Appendix R-P – Reasonable Necessities and Child Care Allowance Chart Table 2 Food Allowance. Use this table to determine the NCP’s food allowance when s/he pays room and board and you are using the computed assessment method. Since the food allowance is included under reasonable necessities, you must subtract the food allowance from the room and board to arrive at the allowance.

 

EXAMPLE:

a.                   The NCP lives alone and pays $300.00 per month for room and board;

b.                   The food allowance from Table III is $114.00; and,

c.                   Subtract the food allowance from the room and board to get $186.00 ($300.00-$114.00 = $186.00).

 

3.                   Appendix R-P – Table 3 Maximum Monthly Child Allowance. Use this table to determine the NCP’s monthly child care costs if s/he is single or his/her spouse/partner’s income is used in the assessment.

 

For more information on these tables, refer to CS Appendix R-P Reasonable Necessities and Child Care Allowance Chart.