ENFORCEMENT OF SUPPORT OBLIGATION
CS 802P-3 Annual Notice of Past-due Child
Support: Civil or Criminal Referrals to the AGO; Intergovernmental Cases
10/97
Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 09/29/25
42 U.S.C. 666, 654a; Utah
Code 26B-9-201, 104,
205,
206,
207,
208,
209,
214,
216,
228, 59-10-529,
63G-4-103, 81-7-102;
R527-200
Also refer to the related sections of policy listed below:
1.
CS 802P Annual Notice of Past-due Child
Support, General; and,
2.
CS 802P-2 Annual Notice of Past-due Child
Support, Contesting Options and Reviews.
Civil or
Criminal Referrals to the Ago
If a case has been referred to the Attorney General’s Office (AGO)
to consider a civil or criminal action and auto enforcement is taking place, do
not stop the auto enforcement.
If auto enforcement is not taking place on the case, determine if
there is a legitimate reason why it is not (e.g., there is a court order
barring the interception of federal taxes). After the judicial action has been
completed, consult with your assigned Assistant Attorney General (AAG) and/or
manager to determine auto enforcement is appropriate.
1.
Outgoing
intergovernmental case: If the noncustodial parent (NCP)
lives in another state and owes past-due support on a Utah CSS case, ORSIS will
generate an “Annual Notice of Past-due Child Support” even if you have sent an
interstate referral to the other state. Apply the annual notice procedures to
the outgoing interstate case, noting the specific procedures for resolving
federal tax certification and administrative offset issues.
2.
Incoming
intergovernmental case: If the NCP lives in Utah and you
are working the case at the request of another state, ORSIS will generate an
“Annual Notice” to the NCP.
If the NCP contests what is owed on an incoming interstate case, take the same
steps found in this policy as you would on an in-state case, except for federal
tax and administrative offset reviews (see below). If you conduct a UAPA
review, send the initiating agency a copy of the Decision and Order.
If the NCP wants to contest the amount that was certified for federal tax and
administrative offset, the NCP must make his/her request to the state that did
the certification. In an incoming intergovernmental case, the state that does
the certification is the initiating agency, not Utah. The initiating agency
should have sent the NCP a notice at the time the case was certified. Direct
the NCP to the initiating agency if s/he has questions about federal tax/offset
certification or wants to request a review. The NCP may opt to have the state
that issued the support order conduct the review, rather than the initiating
agency. The initiating agency should coordinate this with the issuing order
state (which could be Utah or another state).
See CS 674P Federal Tax Review for more information.