ENFORCEMENT OF SUPPORT OBLIGATION
CS 802P Annual Notice of
Past-due Child Support, General
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-9-101,
104, 205
through 209,
214,
216,
228,
59-10-529, 63G-4-103,
81-7-102,
R527-200
Notification to
Non-custodial Parent, Statutory Authority
State
laws found at Utah Code 59-10-529(4), and 26B-9-228(1) require the Office of
Recovery Services/Child Support Services (ORS/CSS) to send a notice to
noncustodial parents (NCPs) before taking certain enforcement actions, such as
federal tax offset, Federal administrative offset, state tax offset, and
reporting past-due amounts to consumer credit reporting agencies (credit
bureaus).
Utah Code 59-10-529 states:
“(4)(a) The amount of an
overpayment may be credited against an obligation described in Subsection
(1)(b)(ii) if the Office of Recovery Services has sent written notice to the
taxpayer's last-known address or
the address on file under Section 26B-9-207, stating:
(i) the
amount of child support that is due or past due as of the date of the notice or
other specified date;
(ii) that any overpayment shall be
applied to reduce the amount of due or past-due child support specified in the
notice; and
(iii) that the taxpayer may
contest the amount of past-due child support specified in the notice by filing
a written request for an adjudicative proceeding with the office within 15 days
of the notice being sent.
(b) In accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, the Office of Recovery Services
shall establish rules to implement this Subsection (4), including procedures,
in accordance with the other provisions of this section, to ensure:
(i)
prompt reimbursement to a taxpayer of any amount of an overpayment that was
credited against a child support obligation in error; and
(ii)
prompt distribution of properly credited funds to the obligee
parent.”
Utah Code 26B-9-228 states:
“The office shall periodically
report the name of any obligor who is delinquent in the payment of support and
the amount of overdue support owed by the obligor to consumer reporting
agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
(1) only after the obligor has been afforded notice and a reasonable opportunity to
contest the accuracy of the information . . . .”
To
meet the notification requirements, CSS sends NCPs the “Annual Notice of Past-due
Child Support” when the case meets the qualifying criteria for the notice
listed in CS 801P General Enforcement.
If the qualifying criteria for the notice are not met, the “Initial
Contact Notice” is sent to the NCP as a courtesy; however, it does not satisfy
the legal notice requirements.
Definitions
1.
Adjudicated
arrearage – Arrearages
accrued under a child support order that have been reduced to a sum-certain
judgment (e.g., an “Administrative Order: Order and Decision”).
2.
Unadjudicated
arrearage – Arrearages
accrued under a child support order that have not been reduced to a sum-certain judgment.
3.
Anniversary
Date – The date
the “Annual Notice of Past-due Child Support” to the NCP was last generated automatically.
EXCEPTION: The anniversary date is updated to the order issue date
when an administrative obligation per the Utah Administrative Procedures Act
(UAPA) is issued and loaded on ORSIS.
CSS Forms Overview
1.
Annual Notice of Past-due Child Support. Automatically
generated annually to qualified NCPs (refer to CS 801P for additional
information). It contains important information, including a description of
enforcement actions that may occur if the child support debt is not paid.
2.
Initial Contact Letter to NCP. Automatically
generated to NCPs on new or reinstated cases for an NCP whose combined cases do
not meet the auto enforcement
criteria. It lists important information for new CSS NCPs, including the
enforcement actions that may take place if the NCP accrues an arrearage.
3.
Written Request for Review Past-Due Support. The last page
of the “Annual Notice of Past-due Child Support” (also a stand-alone form).
Completed by the NCP to request an agent review or an administrative review
under UAPA.
Annual Notice of Past-Due Child Support Overview
The “Annual
Notice of Past-due Child Support” notice is sent by first class mail to NCPs
that meet the criteria listed below. The
notice informs the NCPs about their responsibilities and what enforcement
actions may occur due to the arrearage.
The
information below is included in the “Annual Notice:”
1.
The total amount of past-due support, excluding fees debts.
2.
A demand for payment in full within 30 calendar days of the date
of the notice.
3.
All past-due support becomes renewed judgments on the State Case
Registry (ORSIS) unless the NCP:
a.
Pays the past-due amount in full;
b.
Proves that the past-due amount has been paid; or,
c.
Successfully contests that the past-due amount is owed.
4.
The debt may be subject to the enforcement actions listed below.
a.
Federal/state tax refund offset and/or federal administrative
offset;
b.
Reporting the debt to consumer credit reporting agencies;
c.
Income withholding;
d.
Reporting the debt to district court;
e.
Levy and seizure of the NCP’s real property, such as a house, or
personal property, such as bank accounts and stocks;
f.
Suspension of driving privileges;
g.
Suspension of professional, occupational, or recreational
licenses; and,
h.
Non-issuance or revocation of the NCP’s passport if s/he owes
$5,000 or more in past-due support.
5.
CSS is authorized to collect the full past-due amount using the
collection actions even if the NCP is
making regular or periodic arrears payments.
EXCEPTION:
Collection actions are suspended if they are stayed by court order, if the NCP
is involved in an active bankruptcy, or good cause has been established on the
case.
6.
The right to contest the amount of past-due support listed on the notice
and an explanation of the NCP’s options, including the right to request an
administrative review (agent), or an adjudicative proceeding (UAPA).
7.
Information on how the unobligated spouse may obtain his/her
portion of the federal and/or state tax refund.
8.
Information about future support, interest, and potential costs
and fees.
9.
Information about how CSS may set or reset a schedule of payments.
10.
The legal requirement to notify CSS of a change in address,
employment, driver’s license number, Social Security number, and health
insurance information on the children.
11.
Support order review/adjustment information.
12.
Information about where to send payments and that no credit is to
be given for “in-kind” payments (food, clothing, etc.).
13.
How payments are credited.
14.
Safeguarded information and the Federal Case Registry (FCR).
15.
CSS regional office addresses and Automated Information
System/Customer Service Unit (AIS/CSU) telephone numbers.
“Initial Contact Letter to NCP”
Form Overview
When
a case is opened or reinstated, but the debts do not meet the criteria for an
“Annual Notice,” the “Initial Contact Notice” is sent by first class mail to
the NCP to inform the NCP about his/her responsibilities and what enforcement
actions may occur if a delinquency accrues.
The “Initial Contact Notice” is not linked to the anniversary date; it
is only generated one time on a case, unless the case is closed, then
reinstated and still does not meet the “Annual Notice” criteria.
The
information below is included in the “Initial Contact Notice:”
1.
Income withholding information;
2.
Information about where to send payments and that no credit is to
be given for “in-kind” payments (food, clothing, etc.);
3.
Collection remedies for past-due support;
4.
The legal requirement to notify CSS of a change in address,
employment, driver’s license number, Social Security number, and health
insurance information on the children;
5.
Support order review/adjustment information;
6.
Safeguarded information and the Federal Case Registry (FCR); and,
7.
CSS regional office addresses and AIS/CSU telephone numbers.