ENFORCEMENT OF SUPPORT OBLIGATION

CS 845P Driver License Suspension ‒ Overview

New 06/30/08 Revised 05/06/26 Training Completed 05/20/26 Last Reviewed 06/02/26

Utah Code 26B-9-301, 26B-9-501, 502, 503, 53-3-102, 53-3-221, 53-3-221.5, 81-6-101; R527-260

 

 

Introduction

 

Utah Code 26B-9-501 through 503 establishes procedures for the Office of Recovery Services (ORS) to order an administrative suspension of an individual’s driver license when the person is in arrears on a child support obligation.

 

 

Legal Authority

 

1.                   Utah Code 26B-9-502 states:

“(1) An individual who is delinquent on a child support obligation is subject to the suspension of the individual’s driver license as described in this section.

(2) Before the office orders a suspension of an individual’s driver license under this section, the office shall serve an individual with a notice that the office intends to suspend the individual’s driver license.

(3) The notice described in Subsection (2) shall:

(a) be served by certified mail or personally served if the individual is unable to be served by certified mail;

(b) except as otherwise provided in this section, comply with Title 63G, Chapter 4, Administrative Procedures Act;

(c) state the amount that the individual is in arrears on the individual’s child support obligation; and

(d) state that, if the individual desires to contest the suspension of the individual’s driver license, the individual must request an informal adjudicative proceeding with the office within 30 days after the day on which the notice is mailed or personally served on the individual.

(4)(a) The office shall hold an informal adjudicative proceeding to determine whether an individual’s driver license should be suspended if the individual requests a hearing within 30 days after the day on which the notice described in Subsection (2) is mailed or personally served on the individual.

(b) The informal adjudicative proceeding described in Subsection (4)(a), and any appeal of the decision rendered in that proceeding, shall comply with Title 63G, Chapter 4, Administrative Procedures Act.

(5) Except as provided in Subsections (6) and (7), the office may order that an individual’s driver license be suspended if:

(a)(i) the individual is in arrears on the individual’s child support obligation; and

(ii) the individual fails to request an informal adjudicative proceeding within the time period described in Subsection (4)(a) after the notice described in Subsection (2) is mailed or personally served on the individual; or

(b) following the informal adjudicative proceeding described in Subsection (4)(a):

(i) the presiding officer finds that the individual is delinquent on a child support obligation; and

(ii) the finding described in Subsection (5)(b)(i):

(A) is not timely appealed; or

(B) is upheld after a timely appeal becomes final.

(6) Except as provided in Subsection (7), the office shall order that an individual’s driver license be suspended if:

(a)(i) the individual becomes delinquent at least $35,000 on or after May 6, 2026, on the individual’s child support obligation:

(ii) the individual has not made a full monthly payment toward the individual’s child support obligation for 60 days; and

(iii) the individual fails to request an informal adjudicative proceeding within the time period described in Subsection (4)(a) after the notice described in Subsection (2) is mailed or personally served on the individual; or

(b) following the informal adjudicative proceeding described in Subsection (4)(a):

(i) the presiding officer finds that the individual became delinquent at least $35,000 on or after May 6, 2026, on the individual’s child support obligation; and

(ii) the individual has not made a full monthly payment towards the individual’s child support obligation within 60 days before the day on which the notice described in Subsection (2) was mailed or personally served on the individual; and

(iii) the finding described in Subsection (6)(b)(i) or (ii):

(A) is not timely appealed; or

(B) is upheld after a timely appear becomes final.

(7) The office may not order the suspension of an individual’s driver license under Subsection (5) or (6) if the individual:

(a) pays the full amount that the individual is in arrears on the individual’s child support obligation;

(b) subject to Subsection (9):

(i) enters into a payment agreement with the office for the payment of the individual’s current child support obligation and all arrears; and

(ii) complies with the agreement described in Subsection (7)(b)(i) for any initial compliance period required by the agreement;

(c) obtains a judicial order staying enforcement of the individual’s child support obligation or the amount in arrears; or

(d) is not currently delinquent on a child support obligation.

(8) The office shall rescind an order made by the office to suspend an individual’s driver license if the individual:

(a) pays the full amount that the individual is in arrears on the individual’s child support obligation;

(b) subject to Subsection (9):

(i) enters into a payment agreement with the office for the payment of the individual’s current child support obligation and all arrears; and

(ii) complies with the agreement described in Subsection (8)(b)(i) for any initial compliance period required by the agreement;

(c) obtains a judicial order staying enforcement of the individual’s child support obligation or the amount in arrears; or

(d) is not currently delinquent on a child support obligation.

(9) For an agreement described in Subsection (7)(b) or (8)(b), the office shall diligently strive to enter into a fair and reasonable payment agreement that takes into account the individual’s employment and financial ability to make payments if there is a reasonable basis to believe that the individual will comply with the agreement.

(10)(a) If it is determined that an individual is not delinquent on a child support obligation after the office seeks to suspend the individual’s driver license under this section, the office shall refund to the individual any noncustodial parent income withholding fee that was collected from the individual during the erroneously alleged delinquency.

(11)(a) If the office suspends an individual’s driver license under this section, the individual may file a request with the office, on a form provided by the office, to have the office rescind the order of suspension if:

(i) the individual claims that, since the time of the suspension, circumstances have changed such that the individual is entitled to have the order of suspension rescinded under Subsection (8); and

(ii) the office has not rescinded the order of suspension.

(b) The office shall:

(i) respond, in writing, to a request described in Subsection (11)(a) within 10 days after the day on which the request is filed with the office; and

(ii) state in the response whether the individual is entitled to have the order of suspension rescinded.

(c) If an individual submits a request described in Subsection (11)(a) and the office determines that an order to suspend the individual’s driver license should be rescinded, the office shall immediately rescind the order.

(d) If an individual submits a request described in Subsection (11)(a) and the office determines that an order to suspend the individual’s driver license should not be rescinded:

(i) the office shall, include the reasons for that determination in the response described in Subsection (11)(b); and

(ii) the individual may, within 15 days after the day on which the office sends the response described in Subsection (11)(b), appeal the determination of the office to a court with jurisdiction.

(e) The office may not require that an individual file the request described in this Subsection (11) before the office orders that an order of suspension is rescinded, if the office has already determined that the order of suspension should be rescinded under Subsection (8).

(12) The office may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(a) implement the provisions of this part; and

(b) determine when the arrears described in Subsections (7) and (8) are considered paid.”

 

NOTE: Utah Admin. Code R527-260 is currently in the process of being amended to capture the changes made to the process during the 2026 Legislative Session.

 

2.                   Utah Code 26B-9-503 states:

“(1) When, pursuant to this part, the office orders the suspension of a person’s driver license, or rescinds an order suspending a person’s driver license, the office shall, within five business days after the day on which the order or rescission is made, notify:

(a) the Driver License Division; and

(b) the person to whom the order or rescission applies.

(2)(a) The notification described in Subsections (1)(a) and (b) shall include the name and identifying information of the person described in Subsection (1).

(b) The notification to a person described in Subsection (1)(b) shall include a statement indicating that the person must reinstate the person’s driver license with the Driver License Division before driving a motor vehicle.”

 

3.                   Utah Code 53-3-221 states:

“(6)(a) Subject to Subsection (6)(d), the division shall suspend an individual’s license when the division receives notice from the Office of Recovery Services that the Office of Recovery Services has ordered the suspension of the individual’s license.

(b) A suspension under Subsection (6)(a) shall remain in effect until the division receives notice from the Office of Recovery Services that the Office of Recovery Services has rescinded the order of suspension.

(c) After an order of suspension is rescinded under Subsection (6)(b), a report authorized by Section 53-3-104 may not contain any evidence of the suspension.

(d)(i) If the division suspends an individual’s license under this Subsection (6), the division shall, upon application, issue a temporary limited driver license to the individual if that individual needs a driver license for employment, education, or child visitation.”

 

4.                   Utah Code 53-3-221.5 states:

“(1) The division shall disclose to the Office of Recovery Services the name, address, and other identifying information of each person:

(a) to whom a license has been issued; or

(b) whose driving privileges have been suspended, revoked, or reinstated.

(2) All information received by the Office of Recovery Services under this section is subject to Title 63G, Chapter 2, Government records Access and Management Act.”

 

5.                   Utah Admin. Code R527-260-1 states:

“(1)  The Department of Health and Human Services is authorized to create rules necessary for social services pursuant to Section 26B-1-202. The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules pursuant to Section 26B-9-108.

(2)  Sections 53-3-102, 53-3-221, 53-3-221.5, 26B-9-501, 26B-9-502, and 26B-9-503 provide for suspension of an individual's driver license for failure to pay child support.  ORS may make rules regarding the suspension of an obligor's driver license for failure to pay support pursuant to Subsection 26B-9-502[(12)]. The purpose of this rule is to provide procedures and criteria for ORS to suspend an obligor's driver license for failure to pay child support.”

 

6.                   Utah Admin. Code R527-260-2 states:

“(1)  ORS may begin procedures for driver license suspension on an obligor if other appropriate administrative enforcement actions have been exhausted and the obligor:

(a)  has a valid Utah driver license;

(b)  is delinquent in child support payment pursuant to Section 26B-9-501;

(c)  is working, but ORS cannot send an Income Withholding Order; and

(d)  has the ability to pay child support.”

 

7.                   Utah Admin. Code R527-260-3 states:

“(1)  ORS will notify the obligor of the possibility of suspending their driver license for failure to pay child support by personally serving the obligor with a Notice of Agency Action (NAA) pursuant to Sections 26B-9-206 and 63G-4-102.

(2)  The obligor has 30 days after being personally served to respond to the NAA and request an informal adjudicative hearing with ORS.  If the obligor fails to respond to the NAA, ORS will send the obligor's case to the ORS Supervisory Review Panel for approval to proceed with the driver license suspension.”

 

8.                   Utah Admin. Code R527-260-4 states:

“(1)  Upon receipt of the NAA, the obligor may enter into a repayment agreement with ORS to temporarily stop the suspension process.  The repayment agreement must include both current support, if appropriate, and an arrears payment for six consecutive months.  ORS will determine the obligor's monthly arrears payment by reviewing the obligor's actual income and necessary debts to arrive at a reasonable monthly amount.

(2)  If the obligor makes the full required payment each month for six consecutive months, ORS will dismiss the NAA.

(3)  If the obligor fails to comply with the terms of the repayment agreement at any time during the six consecutive months, the obligor's case will immediately be sent to the ORS Supervisory Review Panel to determine the next appropriate action on the case; for example, to proceed with suspension of the obligor's driver license.”

 

9.                   Utah Admin. Code R527-260-5 states:

“(1)  The ORS Supervisory Review Panel consists of the ORS director and child support program administrators statewide as designated by the ORS director.

(2)  The panel is responsible to review the case and determine if it is appropriate to proceed with suspension of the obligor's driver license.

(3)  If the ORS Supervisory Review Panel determines it is appropriate to proceed with the driver license suspension, the ORS director or deputy director will sign the Order to Suspend, which will be sent to the Driver License Division for enforcement.

(4)  If the ORS Supervisory Review Panel determines it is not appropriate to suspend the obligor's license, the case will be sent back to the team to take the next appropriate action or dismiss the NAA.”

 

10.               Utah Admin Code. R527-260-6 states:

“(1)  Once the Driver License Division has been notified to suspend the obligor's driver license, the obligor may contact ORS to make arrangements to rescind the Order to Suspend and reinstate their driver license.  The obligor may enter into a repayment agreement, which includes both current support, if appropriate, and an arrears payment to be paid for six consecutive months.  ORS will determine the obligor's monthly arrears payment by reviewing the obligor's actual income and necessary debts to arrive at a reasonable monthly amount.

(2)  The obligor's license will remain suspended until full compliance with the terms of the repayment agreement is reached.  Once the terms of the repayment agreement have been met, ORS will rescind the Order to Suspend and notify the Driver License Division.”

 

 

Definitions

 

1.                   Child Support (as defined by Utah Code 26B-9-101) –

“(6)(a) ‘Child support’ means a base child support award as defined in Section 81-6-101, or a financial award for uninsured monthly medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, all arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs.

(b) ‘Child support’ includes obligations ordered by a tribunal for the support of a spouse or former spouse with whom the child resides if the spousal support is collected with the child support.”

 

2.                   Delinquent on a child support obligation (as defined by Utah Code 26B-9-501) –

“(3) ‘Delinquent on a child support obligation’ means that a person:

(a)(i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;

(ii) after the 60-day period described in Subsection (3)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and

(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or

(b)(i) made no payment for 60 days on an arrearage obligation of child support as set forth in:

(A) a payment schedule;

(B) a written agreement with the office; or

(C) an administrative or judicial order;

(ii) after the 60-day period described in Subsection (3)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and

(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears.”

 

3.                   Division (as defined by Utah Code 53-3-102) –

“(12) ‘Division’ means the Driver License Division of the department created in Section 53-3-103.”

 

4.                   Driver (as defined by Utah Code 53-3-102) –

“(15)(a) ‘Driver’ means an individual who drives, or is in actual physical control of a motor vehicle in any location open to the general public for purposes of vehicular traffic.

(b) In Part 4, Uniform Commercial Driver License Act, ‘driver’ includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law.”

 

5.                   Driver license (as defined by Utah Code 26B-9-501) –

“(4) ‘Driver license’ means a license, as defined in Section 53-3-102.”

 

6.                   Driver License Division (as defined by Utah Code 26B-9-501) –

“(5) ‘Driver License Division’ means the Driver License Division of the Department of Public Safety created in Section 53-3-103.”

 

7.                   License (as defined by Utah Code 53-3-102) –

“(26) ‘License’ means the privilege to drive a motor vehicle.”

 

8.                   License certificate (as defined by Utah Code 53-3-102) –

“(27)(a) ‘License certificate’ means the evidence of the privilege issued under this chapter to drive a motor vehicle.”

 

9.                   Office (as defined by Utah Code 26B-9-501) –

“(6) ‘Office’ means the Office of Recovery Services.”

 

10.               Office of Recovery Services (as defined by Utah Code 53-3-102) – 

“(35) ‘Office of Recovery Services’ means the Office of Recovery Services, created in Section 26B-9-103.”

 

11.               Suspension (as defined by Utah Code 53-3-102) –

“(47) ‘Suspension’ means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle.”

 

12.               Supervisory Review Panel (SRP). The ORS Supervisory Review Panel consists of child support program administrators statewide. The panel is responsible for reviewing cases to determine if it is appropriate to proceed with suspension of an obligor’s driver license in cases where child support arrears are under $35,000.

 

 

Forms Overview

 

1.                   Payment Schedule Notice to Obligor. Give this form to the NCP if the NCP is NOT able to make payments via income withholding.

 

2.                   Arrears Assessment Computation. This form is used along with the Post Order Financial Statement form to assess the NCP’s ability to pay arrearages, when appropriate.

 

3.                   Post-Order Financial Statement. This form is sent to the NCP with the Notice of Agency Action: Intent to Suspend Driver License. The NCP must complete the form if s/he is unable to pay the debt in full and wishes to make monthly payments.

 

4.                   Cover Sheet for Driver License Order Sent to Driver License Division. This form is sent to the Driver’s License Division along with the Order to Suspend Driver License or Order to Rescind Driver License Suspension.

 

5.                   Courtesy Copy of NAA: Intent to Suspend Driver License. This is a cover letter that is sent to the out-of-state agency or the NCP’s attorney with a copy of the Notice of Agency Action: Intent to Suspend Driver License.

 

6.                   Cover Letter for Driver License Suspension Order. This is a cover letter that is sent to the NCP with the Order to Suspend Driver License.

 

7.                   Cover Letter for Driver License Rescind-Reinstate Order. This is a cover letter that is sent to the NCP with the Order for Rescission of Driver License Suspension and Reinstatement of Driver License.

 

8.                   Notice of Agency Action: Intent to Suspend Driver License. Send this notice to the NCP to initiate proceedings to suspend his/her driver license.

 

9.                   Dismissal of: Notice of Agency Action. This form is issued by the Presiding Officer when it is appropriate to dismiss the Notice of Agency Action: Intent to Suspend Driver License.

 

10.               Decision and Order: Adjudicative Proceeding, Driver License Suspension. The Presiding Officer issues this order after s/he has reviewed the case facts based on a request for reconsideration.

 

11.               Decision and Order Cover Letter: Driver License. This is a cover letter to the NCP and it is sent with the Decision and Order: Adjudicative Proceeding, Driver License Suspension.

 

12.               Order to Suspend Driver License. After the NCP’s case(s) meets the criteria for ORS to administratively suspend the NCP’s driver license, this document is generated and sent to the NCP and the Driver License Division.

 

13.               Order: Request for Reconsideration Denied – RAA. ORS sends this document to the NCP when a request for reconsideration is denied.

 

14.               Order for Rescission of Driver License Suspension and Reinstatement of Driver License. After the NCP’s case(s) meets the criteria for ORS to administratively rescind/reinstate the Order to Suspend Driver License, this document is generated and sent to the NCP and the Driver License Division.

 

15.               Order Based on Reconsideration: NMSN/Payment Schedule/Request for Info/Driver License Suspension. This order is issued when there is a change to the original order based on a request for reconsideration review.

 

16.               Order: Request for Reconsideration Granted – RAA. ORS sends this document to the NCP when a request for reconsideration is granted.

 

17.               Request for Review Appointment Letter. Send this letter to the NCP to notify him/her of the date and time of the informal review.

 

18.               Written Request for Review, Driver License Suspension. This form is sent to the NCP with the Notice of Agency Action: Intent to Suspend Driver License. The form allows the NCP to request an informal adjudicative proceeding.

 

19.               Written Request for Rescission of Order to Suspend Driver License. This form is sent to the NCP with the Order to Suspend Driver License. The form allows the NCP to request rescission of the Order to Suspend Driver License.

 

20.               Supervisory Review Panel Recommendation Letter: Driver License Suspension. In cases where the child support arrears are under $35,000, the Supervisory Review Panel sends this letter to the referring Presiding Officer after they have reviewed a case for driver license suspension. The letter directs the Presiding Officer to take an additional action(s) on the case prior to proceeding with suspension of the NCP’s driver license.

 

21.               Driver License Suspension Checklist. In cases where the child support arrears are under $35,000, the agent assigned to the case must complete this form prior to sending the case to the Team Manager to review and present to the Regional Director for review of the NCP’s driver license suspension proceedings.

 

22.               Response to NCP’s Request for Administrative Review: Notice of Agency Action: Driver’s License Suspension. This letter is sent to the NCP after the Presiding Officer has conducted an informal adjudicative hearing to address the NCP’s child support delinquency.

 

23.               Response to NCP’s Request for Administrative Review: Order to Suspend Driver License. This letter is sent to the NCP after the Presiding Officer has conducted a review based on a request for a rescission/reinstatement of driver license suspension. This letter should be sent along with the Written Request for Rescission of Order to Suspend Driver License.