INCOME WITHHOLDING
CS 746P Reinstatement of
Income Withholding
12/93 Revised 06/13/23 Training Completed 06/27/23
Last Reviewed 09/29/25
Statutory Authority
Utah law located at U.C.A. 26B-9-308(1) states:
“(e) If
the office terminates income withholding through an agreement with a party, the
office may reinstate income withholding if:
(i) a delinquency
occurs;
(ii) the obligor requests reinstatement;
(iii) the obligee
requests reinstatement; or
(iv) the office, based on internal procedures
and standards, determines reinstatement is appropriate.
(2) The office shall give written notice of
termination to each payor when the obligor no longer owes child support to the obligee.
(3) A notice to withhold income, served by the
office, is binding on a payor until the office notifies the payor that the
obligation to withhold income has been terminated.”
Income
Withholding Terminated by ORS/CSS – Procedures
Prepare and
send a “Notice to Withhold Income for Child Support” to the payor of income.
Send the noncustodial parent (NCP) the following documents:
1.
The “Notice to Withhold Cover Letter;”
2.
The “Written Response Contesting Withholding;” and,
3.
A copy of the Notice to Withhold.
If income withholding was terminated due to a court or administrative order that
found good cause to terminate, reinstate income withholding if one of the
following reasons exist:
1.
The
administrative or judicial body that found “good cause” to terminate determines
that circumstances no longer support that finding; or,
2.
The
order is modified to reverse the termination for good cause finding.
NOTE: If
the child support becomes delinquent in an amount equal to one month’s support
or the NCP requests that the income withholding be reinstated, review the case
to determine if it is appropriate to set aside the administrative order. If it is a court order, review the case with
the assigned attorney to determine if there is a basis to set aside the order.