ENFORCEMENT OF SUPPORT OBLIGATION

CS 838P Civil Contempt for Non-Payment of Child Support

1/95 Revised 09/01/25 Training Completed 09/15/25 Last Reviewed 10/01/25

42 U.S. Code 666(a)(15), 45 CFR 303.6(c)(4), Utah Code 26B-9-108, 78B-6-310, and 315

Statutory Authority

42 U.S. Code 666 (a)(15) Procedures to ensure that persons owing overdue support work or have a plan for payment of such support:

“Procedures under which the State has the authority, in any case in which an individual owes overdue support with respect to a child receiving assistance under a State program funded under part A, to issue an order or to request that a court or an administrative process established pursuant to State law issue an order that requires the individual to—

(A) pay such support in accordance with a plan approved by the court, or, at the option of the State, a plan approved by the State agency administering the State program under this part; or

(B) if the individual is subject to such a plan and is not incapacitated, participate in such work activities (as defined in section 607 (d) of this title) as the court, or, at the option of the State, the State agency administering the State program under this part, deems appropriate.”

45 CFR 303.6(c)(4):

“Establishing guidelines for the use of civil contempt citations in IV-D cases. The guidelines must include requirements that the IV-D agency:

(i) Screen the case for information regarding the noncustodial parent’s ability to pay or otherwise comply with the order;

(ii) Provide the court with such information regarding the noncustodial parent’s ability to pay, or otherwise comply with the order, which may assist the court in making a factual determination regarding the noncustodial parent’s ability to pay the purge amount or comply with the purge conditions; and

(iii) Provide clear notice to the noncustodial parent that his or her ability to pay constitutes the critical question in the civil contempt action . . .”

Utah Code 26B-9-108 states:

“(5) The office has the power to pursue through court action the withholding, suspension, and revocation of driver's licenses, professional and occupational licenses, and recreational licenses of individuals owing overdue support or failing, after receiving appropriate notice, to comply with subpoenas or orders relating to parentage or child support proceedings pursuant to Section 78B-6-315.”

Utah Code 78B-6-310 states:

“(1) The court shall determine whether the person proceeded against is guilty of the contempt charged. If the court finds the person is guilty of the contempt, the court may impose a fine not exceeding $1,000, order the person incarcerated in the county jail not exceeding 30 days, or both. However, a justice court judge or court commissioner may punish for contempt by a fine not to exceed $500 or by incarceration for five days or both.

(2) A fine imposed under this section is subject to the limitations of Subsection 76-3-301(2).”

78B-6-315 Noncompliance with child support order states:

“(1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under Title 63G, Chapter 4, Administrative Procedures Act, makes an order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care for his child, and the parent fails to do so, proof of noncompliance shall be prima facie evidence of contempt of court.

(2) Proof of noncompliance may be demonstrated by showing that:

a) the order was made, and filed with the district court; and

(b) the parent knew of the order because:

(i) the order was mailed to the parent at his last-known address as shown on the court records;

(ii) the parent was present in court at the time the order was pronounced;

(iii) the parent entered into a written stipulation and the parent or counsel for the parent was sent a copy of the order;

(iv) counsel was present in court and entered into a stipulation which was accepted and the order based upon the stipulation was then sent to counsel for the parent; or

(v) the parent was properly served and failed to answer.

(3) Upon establishment of a prima facie case of contempt under Subsection (2), the obligor under the child support order has the burden of proving inability to comply with the child support order.

(4) A court may, in addition to other available sanctions, withhold, suspend, or restrict the use of driver's licenses, professional and occupational licenses, and recreational licenses and impose conditions for reinstatement upon a finding that:

(a) an obligor has:

(i) made no payment for 60 days on a current obligation of support as set forth in an administrative or court order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the support obligation in accordance with the order; or

(ii) made no payment for 60 days on an arrearage obligation of support as set forth in a payment schedule, written agreement with the Office of Recovery Services, or an administrative or judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the arrearage obligation in accordance with the payment schedule, agreement, or order; and

(iii) not obtained a judicial order staying enforcement of the support or arrearage obligation for which the obligor would be otherwise delinquent;

(b) a custodial parent has:

(i) violated a parent-time order by denying contact for 60 days between a noncustodial parent and a child and, thereafter, has failed to make a good faith effort under the circumstances to comply with a parent-time order; and

(ii) not obtained a judicial order staying enforcement of the parent-time order; or

(c) an obligor or obligee, after receiving appropriate notice, has failed to comply with a subpoena or order relating to a paternity or child support proceeding.”

Once a child support order has been established judicially or administratively, with proper notice to the noncustodial parent (NCP), and the NCP has not complied with the order, judicial action to enforce the order may be taken by the Office of Recovery Services/Child Support Services (ORS/CSS). If there is no judicial order because the final order is an administrative order, the Attorney General’s Office (AGO) will have to establish the jurisdiction of the court before contempt can be determined. ORS/CSS has the responsibility to screen cases and gather information about the NCP's ability to pay prior to determining if a civil contempt referral to the AGO is appropriate. If a civil contempt action is filed with the court, the NCP technically has the burden of proving inability to pay; however, the AGO must also present all available evidence to the court concerning the NCP's ability to pay or otherwise comply with the order.

Although these judicial enforcement procedures are possible on Children in Care (CIC) cases, they will not generally be pursued by ORS/CSS due to concerns about reunification efforts, duration of state custody, etc. In the rare circumstance that a judicial enforcement referral may be appropriate for a CIC case, the case should be staffed through the management chain to consider other options and discussed between the CSS Director and the assigned Assistant Attorney General (AAG) prior to a referral.

Definitions

1. Civil Contempt Action – A judicial enforcement remedy where a referral may be made to the AGO for civil contempt when the NCP has not complied with the terms of an order.

NOTE: The Utah Rules of Civil Procedure were amended in March 2021 to create a new process for enforcing court orders. In civil cases the Order to Show Cause (OSC) process was replaced with new procedures which ORS references as a civil contempt action.

2. Bench Warrant – A process issued by the court itself, or “from the bench,” for the arrest of a person.

3. Contempt – Willful failure to comply with an order of the court.

4. Evidentiary hearing – A judicial hearing where testimony may be given to support the allegation of contempt. If an evidentiary hearing is held an ORS/CSS representative may be required to testify regarding support payments and the arrears debt.

5. Purge agreement – The courts may give the NCP an opportunity to purge his/her contempt by providing conditions that must be followed. The judge may set whatever conditions s/he wishes as requirements for the purge.

If an NCP has a purge agreement and is not complying with the agreement, the case should be referred back to the AGO.

Overview of Federal Requirements for Civil Contempt

The Office of Child Support Services (OCSS) has issued guidelines for the use of civil contempt in the Code of Federal Regulations at 45 CFR 303.6(c)(4). As a summary, state IV-D programs are required to meet three guidelines in their civil contempt procedures:

1. Screen the case for the ability to pay or comply with the order;

2. Provide the court with information regarding the NCP’s ability to pay or comply with the order; and,

3. Notify the NCP that his or her ability to pay is the critical question in the civil contempt action.

The information in this section of policy provides the screening criteria to be used by caseworkers when determining if it is appropriate to refer a case to the AGO for a civil contempt procedure, and the criteria includes a consideration of the NCP’s ability to pay or otherwise comply with the support order. Caseworkers will contact the NCP and the CP prior to a civil contempt referral to seek more information about the NCP’s ability to pay as part of this screening process. The assigned AAG will further screen the case based on the evidence submitted with the AG referral. If the evidence is unclear or inconclusive, a civil contempt action may be pursued to allow the NCP another opportunity to present information and evidence about his/her ability to pay or comply with the order.

The assigned AAG will present any available evidence to the court of the NCP’s ability to pay that results from the screening process.

Civil Contempt Action

In a civil contempt action, if the NCP cannot show why the order was not followed, the NCP may be found in contempt of court and sanctioned accordingly. If the NCP does not appear, the presiding judge in the case may issue a civil bench warrant. A civil contempt action may be used for, but is not limited to:

1. Citing the NCP for contempt; and,

2. Enforcing a judgment taken against an employer who has failed to honor a Notice to Withhold Income for Child Support.

NOTE: Do NOT refer the case to the AGO for a civil contempt action if there is a downward modification currently taking place. If the potential results of the review and adjustment action are unclear, consult with the AGO before sending a referral to see if a judicial enforcement action is appropriate at that time.

All other enforcement issues may be discussed with the AGO to determine on a case-by-case basis if it is appropriate to proceed with a referral.

If a notice to withhold (NTW) is in place that is not meeting the full ongoing current support amount, contact the AGO to discuss the NCP’s situation and the probability that a civil contempt action will be effective before contacting the CP and NCP, and referring the case to the AGO.

Civil Contempt Action Considerations

When considering a civil contempt action, consult with the assigned AAG to see if it is appropriate to withhold, suspend, or restrict the NCP’s use of driver’s license, professional and occupational licenses, and recreational licenses.

Examples of potential civil contempt cases include an NCP who:

1. Is self-employed and is not paying;

2. Quits employment;

3. Evades process of service;

4. Controls his/her company payroll;

5. Tells others that s/he has no intention of paying support;

6. You believe is employed, employable or being supported by another person, but you have not been able to identify income or assets;

7. Transferred his/her assets to someone else; or,

8. Voluntarily reduced his/her income to avoid paying child support.

NOTE: It is not necessary for an NCP to be referred for civil enforcement before the case can be referred for criminal enforcement. For procedures and more information on criminal nonsupport referrals, refer to CS 844-1P Criminal Nonsupport: State Prosecution Procedures.

Barriers that Limit or Prevent the NCP’s Ability to Pay

Before referring a case to the AGO for an enforcement referral, you must determine if there are any barriers that limit or prevent the NCP’s ability to pay support. Send the Ability to Pay Questionnaire to the NCP to identify any barriers that limit or prevent his/her ability to pay.

1. If you identify barriers that limit the NCP’s ability to pay support, determine whether an enforcement referral is appropriate based on the information provided. You may consult with the assigned attorney as needed prior to the referral. Some examples of barriers that limit the NCP’s ability to pay support include:

a. Incarceration – The NCP was recently incarcerated and claims that the incarceration has affected his/her ability to find employment;

b. Disability – If the NCP claims to be partially or temporarily disabled, the NCP must provide documentation from his/her healthcare provider;

c. Criminal record – The NCP has an extensive criminal record, including felony convictions, and claims it is difficult to find employment; and,

d. Citizenship – The NCP is not a U.S. citizen and claims it is difficult to find employment.

2. If you identify barriers that prevent the NCP’s ability to pay support, do not refer the case to the AGO for enforcement. Some examples of barriers that prevent the ability to pay include when the NCP is:

a. Currently incarcerated – Obtain verification of the NCP’s incarceration;

b. Permanently disabled – The NCP must provide documentation of the disability from his/her healthcare provider or from the Social Security Administration (SSA);

c. In a drug or mental health treatment program – For more information, refer to CS 707P – Special Circumstances: Individuals Participating in Mental Health or Substance Abuse Treatment Programs; and,

d. Homeless –Without a serviceable address it is difficult to serve notice of the judicial action.

Referral Criteria

A case must meet the criteria listed below before you may make a referral to the AGO for enforcement.

1. The case has not previously completed the contempt process (e.g., the NCP was sanctioned and served the entire sanction). Do not make repeated referrals for civil contempt. If a case has previously completed the civil contempt process, it should be reviewed for the next appropriate enforcement action. Consult with your management chain and the AGO if needed.

2. The case meets the enforcement action criteria found in CS 801P General Enforcement.

3. The NCP is at least 18 years old. Do not refer the case for contempt if the NCP is a minor.

4. All appropriate administrative enforcement remedies have been attempted and the referral is not being created to fill an “audit” requirement.

5. Current support is due and owing on the case.

6. The NCP has a residential address for personal service. A post office box, homeless shelter, or other incomplete address is not sufficient.

7. The NCP has NOT made a voluntary current support payment for at least 60 days. Payments that have resulted from enforcement actions (e.g., lien reviews or tax intercepts) are not considered voluntary. Voluntary payments must be for the full amount of current child support.

8. The NCP has the ability (i.e., sufficient income or assets) to pay his/her support obligation. Provide the AGO with any information that you obtain about barriers that limit the NCP’s ability to pay support.

a. In addition to the information that is available in the case file, send the Ability to Pay Questionnaire to the NCP.

b. If the Questionnaire is returned by the NCP, add a case level narrative, then store it in the case file.

c. If the NCP does not return the Questionnaire within 20 business days, you may still refer the case to the AGO provided you add a case narrative and note that the form was not returned on the Civil Contempt Action Referral Checklist.

NOTE: Do not refer the case for an enforcement action if the NCP does not have the ability to pay any support. Consult with the assigned AAG on a case-by-case basis if you have questions about whether the evidence available demonstrates an ability to pay support.

9. The NCP has not obtained a judicial order staying enforcement of the child support order or arrearage obligation, or an order changing the custody arrangement. The provisions of the order are to be enforced “as is.” If a modification referral is necessary, refer to CS 356P-5 Specified Relative Cases, Review and Adjustment, and/or CS 450P General Information, Forms, Federal Timeframes for additional information.

10. A judicial order was made and filed with the district court, and the NCP was aware of the order because:

a. The order was mailed to the NCP at the last known address as shown on the court record;

b. The NCP was present in court;

c. The NCP entered into a written stipulation and the NCP or the NCP’s counsel was sent a copy of the order;

d. The NCP’s counsel was present in court, entered into a stipulation which was accepted, and the order based upon the stipulation was sent to the NCP’s counsel; or,

e. The NCP was properly served and failed to answer.

NOTE 1: If the case does not fall into any of the above criteria and child support payments have been made on the case, consult with the assigned AAG regarding whether the payments constitute the NCP’s awareness of the order.

NOTE 2: An Administrative order must be registered with the court before the AGO may proceed with a civil contempt action but a case can be referred to the AGO for enforcement prior to the Administrative order being registered with the court.

11. The CP has completed and returned the Civil Contempt Cooperation Letter and it has been imaged and filed in the case folder. If necessary, the AGO may request that the CP appear at the hearing to dispute any claims made by the NCP of direct payments or promises to forgive payments.

On a non-IV-A case, if the CP fails to return the Civil Contempt Cooperation Letter (completed and signed) AND all other enforcement remedies have previously been exhausted, notify the CP of your intent to close the case due to non-cooperation:

NOTE: If the case is an incoming intergovernmental case, remember to coordinate with the initiating state to ensure the CP receives, completes and returns the letter.

If, after consideration, you determine that an enforcement action is NOT appropriate at the present time, carefully document in the case narrative the reasons why the action will not be pursued. Then determine the next appropriate enforcement action to be taken on the case. Discuss the next appropriate action with your management chain [i.e., supervisor, Associate Regional Director (ARD), and/or Regional Director (RD)] if needed.

Penalties

If the court finds the NCP in contempt, the court may impose a fine not exceeding $1,000.00 and /or order the NCP incarcerated in the county jail not exceeding 30 days for each offense.

In addition to these sanctions, the court may also withhold, suspend, or restrict the use of the NCP’s driver’s license, and/or professional and occupational license. Once an order has been entered to withhold, suspend or restrict the NCP’s license, the AGO will forward a copy of the order to the agent assigned to the case.

If the court imposed a purge agreement and the NCP has failed to comply, the case may be referred back to the AGO for further contempt proceedings. Consult with your management chain and the assigned AAG to determine whether the case should be referred back to the AGO for further civil proceedings or referred to CNS for further enforcement.