INCOME WITHHOLDING
CS 732P-3 Automated Notice to Withhold,
To Include Arrears Payment
06/25/01
Revised 04/10/26 Training Completed 04/24/26 Last Reviewed 05/04/26
45 CFR 303.100, 45 CFR 308.2(c)(3)(iv); Utah Code 26B-9-305 and 307, 35A-7-105; Utah Rules of Civil Procedure, Rule 64D; 42 U.S. Code 653a(g)(1) and 654a(g)(1)(A)(i)
In order for ORSIS to include an arrears
payment in an Automated Notice to Withhold (NTW) packet or the Automatic
Payment Withdrawal (APW), the case must meet the following criteria:
1.
The sum
of all active qualified arrears debts owed on the noncustodial parent’s (NCP’s)
case must be greater than zero; and,
2.
The
case qualifies for auto enforcement.
If an active NTW or APW exists for current
support only, and the criteria above are met, ORSIS:
1.
Generates
the “Earned Income Withholding Packet” to include an arrears payment; or,
2.
Sends
notification to ORS Now to include an arrears payment in the APW withholding.
If the NCP has multiple cases, each case
must meet the above criteria before an Earned Income Withholding Packet will
automatically generate for that case.
NOTE: When an NCP has multiple cases and income withholding will terminate on only one of the cases, review the remaining case(s) to determine if income withholding is adequately meeting the current support obligation and any arrears balance(s) on the other case(s).
Default
Arrears Payment
If there is no final arrears payment, ORSIS
automatically adds a default arrears payment amount.
The default arrears payment will be based on
a per case percentage of the current support obligation, or, on an arrears only
case, a percentage of the total liability, as described below.
1.
Current and arrears due: For cases with open current and arrears debts, ORSIS automatically
calculates the arrears payment at 50%
of the current support amount.
EXAMPLE:
Current
due: $200.00
Total
arrears: $400.00
ORSIS
calculates arrears payment of $100.00 ($200.00 x 50%). ORSIS generates a Notice
to Withhold for a total payment of $300.00 ($200.00 + $100.00).
2.
Arrears only: For cases with arrears only debts, ORSIS
automatically calculates the payment at 10%
of the total liability or $300.00 maximum. If the 10% liability is more than
the maximum amount of $300.00, ORSIS uses $300.00.
EXAMPLE:
Total
liability is $5,000.00.
ORSIS
calculates arrears payment as $500.00 ($5,000.00 x 10%). Because 10% of the
liability is more than $300.00, ORSIS generates a Notice to Withhold for a
total payment of $300.00.
3.
Case Multiples: If the NCP has more than one case , ORSIS calculates an arrears payment for each case.
The sum of the arrears payments is listed in the NTW or APW.
EXAMPLE:
Case #1: Current due: $200.00
Total arrears: $400.00
Case #2: Total liability: $3,000.00
ORSIS calculates the arrears payment for case #1 of $100.00 ($200.00 x 50%) and for case #2 as $300.00 ($3,000.00 x 10%). You may view the arrears payment for each case on ORSIS.