PAYMENT METHODS
CS 700P Overview, Payment Methods, Forms
and Appendices
11/85
Revised 04/10/26 Training completed 04/24/26 Last Reviewed 05/04/26
Utah Code 26B-9-207,
26B-9-219,
81-6-101, and 81-7-102
Statutory
Authority
Utah Code 81-7-102 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 (Visa®, MasterCard®, Discover Card® or American Express®) or debit
card (Visa® or MasterCard®), 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 located on the ORS website (www.ors.utah.gov) or by accessing the
ORS Now application (http://orsica.dhs.utah.gov). 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.
Once an NCP has logged into ORS Now, payments can be made online
from the ORS website. 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. The online payment instructions can be
accessed through the website.
NCPs
may also make an online payment 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 ORS Now. 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.