ENFORCEMENT OF SUPPORT OBLIGATION

CS 845P-1 Driver License Suspension – Criteria

06/30/08 Revised 06/24/26 Training Completed 07/08/26 Last Reviewed 07/06/26

Utah Code 26B-9-501, 26B-9-502, 53-3-102, 53-3-221, 53-3-221.5, 63G-4-101; R527-260

 

 

Introduction

 

Pursuant to Utah Code 26B-9-502, Subsections (5) and (6), cases must meet specific criteria for driver license suspension, depending on the amount of delinquency. Listed below are two different sets of required criteria for initiating the suspension of an individual’s driver license.

 

 

Criteria Overview – Cases With $35,000 or More in Child Support Arrears

 

If the noncustodial parent (NCP) is delinquent of $35,000 or more on a child support obligation as of May 6, 2026 and the case meets the criteria outlined in Utah Code 26B-9-502(6), the Office of Recovery Services (ORS) must initiate an action for the suspension of an individual’s driver license. ORS will provide staff with a monthly QMF report that will assist workers in preparing a case for driver license suspension. This report will identify cases that are in arrears of $35,000 or more and have not received a full monthly payment toward the child support obligation within the last 60 days. Cases on this report do not need to meet the additional criteria as outlined in subsection Criteria Overview – Cases With Less Than $35,000 in Child Support Arrears below and do not require the completion of the “Driver License Suspension Checklist” to initiate the suspension process.

 

 

Criteria Overview – Cases With Less Than $35,000 in Child Support Arrears

 

If the NCP is delinquent on a child support obligation (as defined in Utah Code 26B-9-501), the case meets the criteria outlined in Utah Code 26B-9-502(5) and the additional criteria outlined below, ORS may consider suspending an individual’s driver license. Follow the instructions listed in the subsection Driver License Suspension Checklist below.

 

1.                   ORS administration has implemented the following additional criteria:

a.                   The NCP must be the primary obligor on a case with an open, valid debt (for example, a pre-order case with no debt or a Medicaid-only case would not qualify);

b.                   The NCP must NOT be the secondary obligor on the case in question. If an NCP has multiple cases, do not include any cases where the NCP is an OBRS in the driver license suspension action; suspension may still be pursued on the remaining cases.

c.                   The AUTO ENFORCE field on ORSIS MUST be coded appropriately.

 

Many cases will meet the basic criteria to qualify for driver license suspension. Priority should be given to those cases where it is likely that driver license suspension will bring about the desired result of regular payments toward the case. For example, cases where the NCP relies on a valid driver license to complete his/her job (e.g., cab drivers, construction workers, truck drivers, etc.).

 

 

Driver License Suspension Checklist – Cases With Less Than $35,000 in Child Support Arrears

 

If the agent believes the NCP’s case(s) meet the criteria for driver license suspension pursuant to Utah Code 26B-9-502(5) and as listed in subsection Criteria Overview – Cases With Less Than $35,000 in Child Support Arrears above, s/he must complete the following:

 

1.                   Determine which of the NCP’s cases should be included in the Driver License Suspension action based on the criteria above. Include all CSS cases that meet the criteria above.

 

2.                   Complete the Driver License Suspension Checklist: The responsible agent must:

a.                   Complete this checklist: Complete one form for each of the NCP’s eligible cases.

 

NOTE: The checklist can only be viewed or updated by workers on your team.

b.                   Complete the form with as much information as you have. Make sure to include any information that will aid the team manager, Regional Director (RD), and the Suspension Review Panel (SRP) in determining if CSS should proceed with suspension of the NCP’s driver license.

c.                   Save the completed/updated form.

 

3.                   Provide documentation: Obtain most of the documentation/information you need from the appropriate screens or narratives in ORSIS. If there is any information contained in Content Manager (i.e., letter or other documentation that verifies the NCP uses his/her vehicle for work purposes), make sure you indicate in the notes on the form where the information is located within Content Manager.

 

4.                   Provide form(s) to the team manager: Send the form and all documentation to the team manager for review via email. Make sure the SUBJECT of the email is “Driver License Suspension Review”.

 

After reviewing the case, the team manager will either return the form(s) to the agent for more information, if needed, or if the team manager agrees that the driver license suspension should move forward, s/he will forward the form(s) via email to the RD for review.

 

 

Regional Director Review – Cases With Less Than $35,000 in Child Support Arrears

 

When the RD receives the case referral from the team manager, s/he will:

 

1.                   Review the case. The RD will:

a.                   Review all information provided by the responsible agent and the team manager, case facts and the documentation for each case to be included in the Driver License Suspension Action.

 

2.                   Determine if more information is needed. If the RD is unable to make a proper determination, s/he will:

a.                   Document any requested information on the form; and,

b.                   Send an email to the responsible agent and the team manager and attach the form.

 

3.                   Notify the team manager and the responsible agent of the results of the review. The next appropriate agent action will depend on the RD’s decision:

a.                   Suspension action approved. If the suspension action is approved, the RD will:

i.                     Complete the form; and,

ii.                   Email the agent and team manager and attach the form. The agent will refer to the XDLS form when preparing the “Notice of Agency Action: Intent to Suspend Driver’s License” form.

 

b.                   Suspension action not approved. If the suspension action is not approved:

i.                     The RD will:

A.                  Complete the form; and,

B.                  Email the agent and team manager, and attach the form.

ii.                   The agent will:

A.                  Save the form to the appropriate folder;

B.                  Send the form to be imaged; and,

C.                  Take the next appropriate action on the case (e.g., civil contempt, locate an address, other appropriate enforcement actions, etc.).

 

4.                   Document the results of the review in the case narratives. Once the RD has made a decision, s/he will document the decision in the NCP’s case narratives.

 

NOTE: If the NCP has multiple cases, the RD may document the results of the review in the NCP’s participant narratives.