CS 732P Automated Notice to Withhold, General and Audit Criteria
6/25/01
Revised 06/28/23 Training Completed 07/12/23 Last Reviewed 09/03/25
42 U.S.C. 653a and 654b; 45 CFR
303.100 and 308.2; U.C.A. 26B-9-306 and 307, 35A-7-105; U.R.C.P. 64D; R527-302
Introduction
The
Office of Recovery Services/Child Support Services (ORS/CSS) has an automated
Notice to Withhold (NTW) process that reduces the number of income
withholding documents that are manually generated by CSS agents. This helps CSS meet the federal performance
standards for sending income withholding documents to payors of income on
qualified cases (see section below). If
a CSS case meets the participant, employment, case and/or liability criteria
for an automated NTW, ORSIS will automatically generate either an original or
an amended NTW packet the following day.
Federal
Performance Standards – Audit Criteria
Federal
law found at 42 USC 653a(g)(1) and 654b(c)(1), requires states
to transmit an NTW to an employer within two business days of receipt of
employment information from any source (e.g., State Directory of New Hire,
National Directory of New Hire, Quarterly Wage, Unemployment Compensation, or
other source) reported to CSS.
In addition, federal regulations found at 45 CFR 308.2(c)(3)
state:
“(iv) If
immediate income withholding is ordered, sending a notice to the employer
directing
the employer to withhold from the income of the employee an amount equal to the
monthly (or other periodic) support obligation (including any past due support
obligation) of the employee, within:
(A) Two
business days after the date information regarding a newly hired employee is
entered into the State Directory of New Hires and in which an information
comparison conducted under section 453A(f) of the Act reveals a match;
(B) Two
business days after receipt of notice of, and the income source subject to
withholding from a court, another State, an employer, the FPLS or another
source recognized by the State.”
Information from another source would include information received
from the noncustodial parent (NCP), custodial parent (CP), former employer,
NCP’s friends, NCP’s relatives, another state agency, or any other source that
may provide employment information.