PAYMENT METHODS
CS 702P Special Circumstances,
Noncustodial Parent Receiving Cash Assistance
04/01/88
Revised 11/30/16 Training Completed 07/19/13 Last Reviewed 09/01/26
Statutory
Authority
Utah law at
U.C.A. 35A-3-112 states:
“Public assistance provided under this chapter is not assignable,
at law or in equity, and none of the money paid or payable under this chapter is
subject to execution, levy, attachment, garnishment, or other legal process, or
to the operation of any bankruptcy or insolvency law.”
Procedures
If there is
a court or administrative order for current support and the noncustodial parent
(NCP) is receiving cash assistance from the State of Utah, or from another
state’s public assistance program, the current support amount will accrue while
the NCP is receiving the assistance. Do not enforce the support order while the
NCP is receiving cash assistance. Any payments made by the NCP must be
voluntary. However, Federal and State tax refunds may be intercepted to apply
to arrearages, if appropriate. For more information, refer to CS 670P Federal
Tax Intercept – Criteria and CS 650P State Tax Intercept – Criteria.
If the order
contains a provision for automatic adjustment of the award when the NCP is no
longer receiving cash assistance, it will be necessary to appropriately monitor
the case and change the current support debt on ORSIS.
The
procedures regarding modifications of court orders or administrative orders
apply to NCP’s who are receiving state cash assistance. Refer to CS 450P Review
and Adjustment of a Support Order – General Information, Forms, Federal
Timeframes, and to CS 451P Review and Adjustment of a Support Order to Include
MEDICAL Support Only.