INCOME WITHHOLDING

CS 720P-3 Spousal Support and Medical Support

11/85 Revised 07/11/2023 Training Completed 07/25/2023 Last Reviewed 09/03/25

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

 

 

When determining a delinquency, consider all current support (child support, spousal, medical) due that is being charged.

 

 

Income Withholding and Spousal Support

 

The definition of child support in Utah’s income withholding statute includes court-ordered spousal support.  The Office of Recovery Services/Child Support Services (ORS/CSS) is responsible to pursue court-ordered spousal support (both current and arrears) through income withholding provided the custodial parent (CP) is residing with the noncustodial parent's (NCP’s) children and CSS is enforcing child support.

 

Once the child(ren) emancipates and there are no child support arrears owed, CSS may no longer collect spousal support pursuant to federal and state laws, 45 CFR 302.31, Utah Code Annotated 26B-9-301 and 313.  For more information, refer to CS 057 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.  CSS is responsible to pursue court-ordered medical support (current and/or arrears) through income withholding if:

 

1.                   The parent is a Non-IV-A applicant and CSS 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 490 Enforcement of Medical Insurance.