INCOME WITHHOLDING

CS 720P-3 Spousal Support and Medical Support

11/85 Revised 06/26/26 Training Completed 07/10/26 Last Reviewed 07/06/26

42 U.S. Code 653a(g)(1) and 654a(g)(1)(A)(i); 45 CFR 302.31, 45 CFR 303.100; Utah Code 26B-9-101, 26B-9-114, 301 through 313 and 403; R527-300

Statutory Authority

Utah Code 26B-9-101 states:

“(6)(a) ‘Child support’ means a base child support award as defined in Section 81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

(b) ‘Child support’ includes spousal support if:

(i) the child resides with the spouse or former spouse receiving the spousal support; and

(ii) the spousal support is collected with child support for the child. [. . .]

(20) ‘Spousal support’ means any obligation ordered by a tribunal for the support of a spouse or former spouse.

(21) ‘Spousal support only case’ means a case for which the office is collecting spousal support for an obligee after the collection of child support has ended for that obligee as described in Section 26B-9-114.

(22) ‘Support order’ means a child support order.” (Emphasis added.)

Utah Code 26B-9-114 states:

“(3) For a spousal support only case, the office shall collect and enforce spousal support for the obligee in the same manner and to the same extent as child support, including:

(a) initiating and ordering income withholding in accordance with Part 3, Income Withholding in IV-D Cases;

(b) subpoenaing financial or other information needed to enforce the spousal support including:

(i) the name, address, and employer of an obligor that appears on the customer records of public utilities and cable television companies; and

(ii) information held by financial institutions on such things as the assets and liabilities of the obligor; requiring a public or private employer to promptly disclose information to the office on the name, address, date of birth, social security number, employment status, compensation, and benefits, including health insurance, of any person employed as an employee or contractor by the employer;

(d) obtaining access to information in the records and automated databases of other state and local government agencies;

(e) securing assets to satisfy spousal support that is past due by: (i) intercepting or seizing periodic or lump-sum payments from:

(A) a state or local government agency, including unemployment compensation, workers' compensation, and other benefits; and

(B) judgments, settlements, and lotteries; and

(ii) attaching and seizing assets of an obligor held in financial institutions;

(f) attaching public and private retirement funds if the obligor is:

(i) receiving periodic payments; or

(ii) has the authority to withdraw some or all of the funds; and

(g) imposing liens against real and personal property.” (Emphasis added.)

Utah Code 26B-9-303 states:

“(1) Whenever a child support order is issued or modified in this state the obligor's income is subject to immediate income withholding for the child support described in the order in accordance with the provisions of this chapter, unless:

(a) the court or administrative body which entered the order finds that one of the parties has demonstrated good cause so as not to require immediate income withholding; or

(b) a written agreement which provides an alternative payment arrangement is executed by the obligor and obligee, and reviewed and entered in the record by the court or administrative body.

(2)(a) In every child support order issued or modified on or after January 1, 1994, the court or administrative body shall include a provision that the income of an obligor is subject to immediate income withholding in accordance with this chapter.

(b) If for any reason other than the provisions of Subsection (1) that provision is not included in the child support order the obligor's income is nevertheless subject to immediate income withholding.

(3) In determining good cause, the court or administrative body may, in addition to any other requirement it considers appropriate, consider whether the obligor has:

(a) obtained a bond, deposited money in trust for the benefit of the children, or otherwise made arrangements sufficient to guarantee child support payments for at least two months;

(b) arranged to deposit all child support payments into a checking account belonging to the obligee, or made arrangements insuring that a reliable and independent record of the date and place of child support payments will be maintained; or

NOTE: When determining a delinquency, consider all current support due (child support, spousal, and medical) that is charging.

Income Withholding for Cases with Spousal Support

The Office of Recovery Services (ORS) is responsible to pursue court-ordered spousal support (both current and arrears) through income withholding provided the child resides with the custodial parent (CP) and the spousal support is collected with child support.

Once the child(ren) emancipates and there are no child support arrears owed, ORS may continue to collect spousal support if the CP submits a request to do so, pursuant to Utah Code 26B-9-114. For more information on spousal support only cases, refer to CS 057P Spousal Support (Alimony).

Income Withholding and Medical Support

The definition of child support also includes medical support, if it is court ordered as a specific monthly dollar amount. ORS is responsible to pursue court-ordered medical support (both current and arrears) through income withholding if:

1. The parent is a Non-IV-A applicant and ORS is providing both medical and child support services;

2. The CP is a Medicaid recipient; or,

3. The CP is receiving continuing child support services.

Income withholding should also be used to collect medical expenses that have been reduced to a sum certain judgment. For more information on medical support, refer to CS 490P Enforcement of Medical Insurance.