CS
880P Retained Support –
Enforcing Repayment Agreements
07/14/03
Revised 09/02/25 Training Completed 09/15/25 Last Reviewed 10/01/25
Utah
Code 26B-9-212, 213, 217, 218, 35A-3-108, and 78B-5-202; R527-40
Retained support cases are worked by Team 60 in the Taylorsville
State Office Building. The following information relates to retained support
cases and enforcing repayment agreements.
Statutory Authority
Utah
Code 26B-9-213 states:
“(4) (a) If an obligee
receives direct payment of assigned support from an obligor, the obligee shall immediately deliver that payment to the
office.
(b) (i)
If an obligee agrees with an obligor to receive
payment of support other than in the court or administratively ordered manner
and receives payment as agreed with the obligor, the obligee shall immediately deliver the cash equivalent of
the payment to the office.
(ii) If the amount delivered to
the office by the obligee under Subsection (4)(b)(i) exceeds the amount of the court or administratively
ordered support due, the office shall return the excess to the obligee.”
Utah
Code 26B-9-212 states:
“(1)
(a) The office may issue or modify an order under Section 26B-9-206 and
collect under this part directly from a responsible parent if the procedural
requirements of applicable law have been met and if public assistance is
provided on behalf of that parent's child.
(b) The direct right to issue an
order under this Subsection (1) is independent of and in addition to the right
derived from that assigned under Section 35A-3-108.
(2) An order issuing or modifying
a support obligation under Subsection (1), issued while public assistance was
being provided for a child, remains in effect and may be enforced by the office
under Section 26B-9-210 after provision of public assistance ceases.
(3) (a) The office may issue or
modify an administrative order, subject to the procedural requirements of
applicable law, that requires that obligee to pay to the office assigned support that an obligee receives and retains in violation of Subsection
26B-9-213(4) and may reduce to judgment any unpaid balance due.
(b) The office may collect the
judgment debt in the same manner as it collects any judgment for past-due
support owed by an obligor.
(4) Notwithstanding any other
provision of law, the Office of Recovery Services shall have full standing and
authority to establish and enforce child support obligations against an alleged
parent currently or formerly in a same-sex marriage on the same terms as the
Office of Recovery Services' authority against other mothers and fathers.”
Collection/Enforcement of Retained Support Debt
If the retained support case is IV-A, there is an order, and the
respondent is employed, Team 60 may send a manual income withholding order to
the respondent’s employer, if applicable. Pursuant to Utah Code 26B-9-212:
“(3) (a) The office may issue or
modify an administrative order, subject to the procedural requirements of
applicable law, that requires that obligee to pay to
the office assigned support that an obligee receives
and retains in violation of Subsection 26B-9-213(4) and may reduce to judgment
any unpaid balance due.
(b) The office may collect the
judgment debt in the same manner as it collects any judgment for past-due
support owed by an obligor.”
NOTE: Even though the law allows for income withholding on
retained support cases, at this time ORSIS programming does not. Until ORSIS
can be changed to allow income withholding on retained support cases, continue
with the other six repayment options.
If the respondent in a retained support case is stipulating, s/he must also sign a Repayment Agreement form. A
Repayment Agreement may be signed after an order has been issued, when the
respondent contacts you. There are six repayment options available. They are:
1.
Recoupment from IV-A Cash Assistance – The
respondent agrees to transfer a portion of his/her financial public assistance
benefits to the retained support debt.
NOTE: The maximum amount of recoupment from
IV-A cash assistance is $50.00 monthly.
2.
Redirect from Child Support Payments – The
respondent agrees to redirect a portion of his/her child support payment from
ORS to the retained support debt.
3.
Direct Billing – The respondent agrees to
voluntarily pay a specific amount each month towards the retained support debt.
4.
Payment in Full – The respondent agrees to pay
the retained support debt in full.
5.
Wage Assignment – The respondent agrees to pay
the retained support debt through wage withholding from his/her employer.
NOTE: Sending the Wage Assignment form with
the Repayment Agreement may help in obtaining the needed signatures from the
respondent.
6.
Unreimbursed Public Assistance Transfer – If the respondent has unreimbursed
public assistance, s/he may agree to transfer any unclaimed funds over to pay
the retained support obligation.
Always follow the procedures found in policy when determining a
monthly repayment amount. The calculated monthly obligation should be 10% of
the total debt, not to exceed $300.00. If the calculated obligation is not
feasible for the respondent, the agent should use his/her own discretion in
determining an agreeable repayment schedule.
Retained support judgments expire after eight years pursuant to Utah
Code 78B-5-202. When a judgment is about to expire or has expired, review the
case, terminate all enforcement actions, end the debt and “PEND” the case for
closure, if appropriate. If the case is going to be closed, use the
unenforceable closure reason.
There are situations where retained support debts may be cancelled
when a participant files for bankruptcy.
Wage Assignment
1.
Start
Wage Assignment. If the respondent agrees in
writing on the “Repayment Agreement” to wage assignment, follow the steps
below.
a.
Determine if there are other overpayment cases
with the respondent where collection is being done through wage assignment. If
there is a case, coordinate the wage assignment with DWS.
b.
Generate the “Wage Assignment” and the “Wage Assignment Cover
Letter.” The respondent must sign the “Wage Assignment.” Provide the respondent
with a copy of the “Wage Assignment.”
c.
Mail the “Wage Assignment Cover Letter” and a copy of the “Wage
Assignment” to the employer. The employer must honor the wage assignment and
must send the money to CSS until notified in writing to stop. If the respondent
changes employers, generate the cover letter and send it with a copy of the
“Wage Assignment” to the new employer. The respondent does not have to sign a
new “Wage Assignment” because it extends to future employers.
d.
Place the original “Wage Assignment” in the case file folder.
e.
Monitor to verify that the wage assignment begins as noted in the
“Wage Assignment.”
2.
Stop
Wage Assignment. When the debt is paid in full, terminate the wage assignment.
a.
Generate the “Termination of Wage Assignment” to the employer.
b.
Send a copy to the employer and the respondent.
c.
Place the original in the case file folder.
d.
Write a case narrative.