INCOME WITHHOLDING
CS 731P Noncustodial Parent
Requests Voluntary Withholding
04/86 Revised 06/13/23 Training Completed 06/27/23 Last
Reviewed 09/03/25
U.C.A. 26B-9-313 and 403
Statutory
Authority
Utah law located at U.C.A. 26B-9-313
states:
“Whether
or not a delinquency has occurred, an obligor may request that the office
implement income withholding procedures under this part for payment of the
obligor's child support obligations.”
Orders
Issued Prior to
If an order was issued or modified prior to October 13, 1990, and the
noncustodial parent (NCP) requests voluntary income withholding through the
Office of Recovery Services/Child Support Services (ORS/CSS), s/he must apply
for IV-D services and complete an application packet. Provide all IV-D services, including income
withholding, if there is a delinquency.
If there is no delinquency (i.e., past-due support in an amount equal to
one month’s support), obtain the NCP’s request for income withholding in
writing. Begin income withholding
immediately after receiving the written statement.
An NCP who requests voluntary income withholding must contact a
private attorney if there is no existing IV-D child support case with CSS, and
the NCP does not want to apply for full child support services.
Orders Issued
On or After
If the order was issued or modified on or after October 13, 1990,
an NCP who requests voluntary income withholding must contact a private
attorney if there is no existing IV-D child support case with CSS and the NCP
does not want to apply for full child support services.
If the NCP wants to apply for IV-D services, s/he must complete a
CSS application packet. Provide all IV-D
services including income withholding without regard to whether there is a
delinquency (i.e., past-due support in an amount equal to one month’s support).
If the NCP/applicant later wants to close his/her case, refer to
CS 745P Termination of Income Withholding and CS 061P Case Closure Overview.