I Have Also Been Contacted By A Private Agency To Collect My Child Support. Is This Legal?

Tue, 29 May 2007 21:19:00 GMT

We are aware of several private collection agencies in the business of collecting pastdue child support. Any custodial parent not receiving public assistance may contract with such an agency, or hire a private attorney, and at the same time have a case open with ORS/CSS. If you have any questions or concerns about this, contact the Customer Service Unit in the nearest ORS office.

Can I Also Use A Private Agency To Collect My Child Support?

Tue, 29 May 2007 21:19:00 GMT

ORS/CSS will not automatically close your case when you contract with a private agent but you will be required to provide ORS/CSS with the name and address of the private agent. It is also essential that you and the agent keep ORS/CSS informed of action taken on your behalf. ORS/CSS is also unable to forward payments it collects to a private agent or attorney, even if you ask for a change in payee.

Can You Collect Support Even If The Other Parent Lives In Another State?

Tue, 29 May 2007 21:19:00 GMT

Yes. If a noncustodial parent lives in another state, ORS/CSS will either send a notice to withhold income directly to the parent`s employer in the other state or will ask that state to pursue child support collection. Even though each state operates independently from another, each is subject to Federal rules regarding how a child support case is handled. Once the case is sent to the other state`s child support agency, the case becomes that state`s case, and ORS/CSS cannot dictate how the case is handled.

Does Child Support Have To Come Out Of My Paycheck?

Tue, 29 May 2007 21:19:00 GMT

Yes, unless your support order was issued or modified before October 13, 1990 and you always paid your support on time. Income withholding is an easy way to meet your child support obligation because your employer withholds the appropriate amount from your paycheck and sends it directly to ORS/CSS. You do not have to worry about going to the bank, writing a check, finding a stamp, etc. The majority of Utah employers withhold child support from many employees` paychecks each pay period. Paying through income withholding is no longer indicative of a delinquency. It is simply viewed as a no fuss way to meet your monthly obligation.

How Can I Get My Child Support Raised?

Tue, 29 May 2007 21:19:00 GMT

In Utah, child support obligations are computed using an income shares formula established by the Utah State legislature. This means that both parent`s incomes are used to compute the monthly child support amount. The number of children and other factors are also used to determine how much obligated parents are required to pay. Child support guidelines worksheets and tables are used to calculate support obligations. If you believe the amount of current child support should be raised, it may be possible to pursue a review and adjustment of the support amount through ORS/CSS if there has been a substantial change in circumstances, or it has been more than three years since the order was issued, modified, or reviewed. The review will determine whether the child support amount should be adjusted. An adjustment is the change to the ordered amount, which will result in a modification of your order. If an adjustment is appropriate, the new amount could be higher or lower than the amount in your present order. Before you request that ORS/CSS conduct a review and adjustment, you may want to estimate what the new support amount could be. ORS/CSS has prepared a prereview packet with worksheet forms and instructions which you or the other parent may use to do the estimate. If you want to request a review and adjustment of your support amount, please make your request in writing to ORS/CSS. If you request a review and adjustment and later ask to stop the process, it can only be stopped if the other parent does not request that it continue. If the process is stopped, neither parent can request a review for a period of one year.

How Do I Find Out Who My Agent Is?

Tue, 29 May 2007 21:19:00 GMT

For questions about your case, you should call the appropriate Customer Service Unit (CSU). The only time you would need to contact a particular agent is if his/her phone number is listed on a letter or notice you receive from ORS/CSS, or the agent contacts you for further information. Although you may not speak to the same person each time you call CSU, each CSU representative is able to assist you with questions and concerns about your case, such as case status requests. For routine payment questions, you can call our automated phone line 24 hours a day, 7 days a week to find out if a payment was posted and/or sent. If you have a complaint about the way your case is being handled, it is also appropriate that you contact CSU as a first step in resolving issues. Please keep in mind that ORS/CSS (and the Office of the Attorney General) does not represent either parent. The role of ORS/CSS is to ensure that children receive the support to which they are entitled. If you are unhappy with the level of service you receive at ORS/CSS, it may suit your situation better for you to hire a private attorney or contract with a private agency.

How Do I Get Copies Of Information Pertaining To My Case?

Tue, 29 May 2007 21:19:00 GMT

For information regarding release of information, please refer to Utah Code governing the Government Records and Access Management Act.

How Do I Open A Child Support Case?

Tue, 29 May 2007 21:19:00 GMT

Child support services are available to parents and relatives who fill out and sign a child support application. Also, anyone receiving public assistance or Medicaid will automatically be referred to ORS/CSS for child support collection.

How Long After A Case Is Opened Will I Receive Child Support?

Tue, 29 May 2007 21:19:00 GMT

Unfortunately, there are no guarantees that child support will be collected. Although ORS/CSS has access to many location sources and has many enforcement techniques available, including the option to take parents to court for civil contempt and criminal nonsupport, there will always be instances where child support cannot be collected. In general, ORS/CSS will open a case record within 20 days of receiving an application and will begin to take necessary action on the case. The length of time each case takes depends on what action needs to be taken (for example, paternity must be established before an order can be established; and an order must be established before ORS/CSS can begin collecting.) For more information on case processing time frames, read the Notice of Services.

How Much Child Support Will I Have To Pay?

Tue, 29 May 2007 21:19:00 GMT

In Utah, child support obligations are computed using an Income shares formula, using a calculation table established by the Utah State Legislature. This means that both parent`s income is used to compute the monthly child support amount. The number of children needing support and other factors are also used to determine how much you will be required to pay. Child support worksheets and tables are available at each Clerk of the Court office and in every ORS office.

In Utah, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:48:36 GMT

Yes, Utah law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, if that modification or elimination of spousal support would cause one of the spouses to be eligible for public assistance at the time of the separation or divorce then the Court may require the other spouse to pay alimony to the extent necessary to avoid such eligibility.

Ors/Css Says I Owe More Than I Think I Do. What Can I Do To Correct This?

Tue, 29 May 2007 21:19:00 GMT

As the person owing support, the burden of proof is yours to dispute the amount of child support the custodial parent is claiming is owing or the amount ORS/CSS states you have paid. This can be done by providing proof of payment, such as canceled checks. It is also your responsibility to provide ORS/CSS with proof of income, proof of medical insurance and any changes to your address or employer information. Prior to any administrative action to collect support, ORS/CSS will send you an Annual Notice of Pastdue Child Support, or other document that outlines how and when you can dispute the alleged facts of your case, including the amount of support owed. Again, the most important thing for you to remember is do not ignore ORS/CSS correspondence. Failure to respond could result in collection actions, such as your Federal and State tax refunds being intercepted, or withholding up to 65% of your disposable income. Whenever you have a question or concern about your case, immediately contact the person listed on the ORS notice, or call the Customer Service Unit in the ORS office nearest to you.

What About Collecting Child Care Costs?

Tue, 29 May 2007 21:19:00 GMT

ORS/CSS can only collect child care at the request of either parent if the child care amount is included in a court order along with a child support obligation, and neither parent is disputing the monthly amount. ORS will try to enforce pastdue child care expenses if you obtain a judgment from the court.

What About Custody And Visitation Issues?

Tue, 29 May 2007 21:19:00 GMT

ORS/CSS does not address legal custody or visitation issues. To determine these issues initially, we suggest you hire a private attorney. Utah law requires the child support obligation to follow the child. This means we will enforce the support obligation against the parent who does not have physical custody of the child. If neither parent has physical custody of a child who is living with a relative, we will enforce the obligations of both parents. When physical custody of the child changes, we may enforce the obligation against the other parent (or parents) without modifying the order. If you are having problems with court ordered visitation or custody because you do not know the location of the other parent, ORS/CSS may be able to send an address request to the Federal Parent Locator Service. For more information, please refer to the information titled Federal Locator Service for Custody and Visitation Purposes.

What About Custody And Visitation Issues? Why Should I Have To Pay When The Other Parent Won't Let Me See The Kids?

Mon, 04 Jun 2007 21:51:22 GMT

It`s true that kids need both parents, emotionally and financially. Unfortunately, both parents don`t always put kids first when making daily decisions, whether it is deciding whether to pay support or to let the other parent visit with the children. As far as ORS is concerned, visitation and custody are usually court ordered and therefore just as legally required as child support. However, ORS/CSS is prohibited by Federal law from establishing or enforcing custody and visitation orders. Noncustodial parents must pay child support in accordance with an existing child support order, regardless of whether the custodial parent is following the order regarding custody and visitation. Utah law requires the child support obligation to follow the child. This means we will enforce the obligation against the parent who does not have physical custody of the child. If neither parent has physical custody of a child who is living with a relative, we will enforce the obligations of both parents. When physical custody of the child changes, we may enforce the obligation against the other parent (or parents) without modifying the order. If you are having problems with court ordered visitation or custody because you do not know the location of the other parent, ORS/CSS may be able to send an address request to the Federal Parent Locator Service. For more information, please refer to the information titled Federal Locator Service for Custody and Visitation Purposes.

What Authority Does Ors/Css Have To Collect Child Support?

Tue, 29 May 2007 21:19:00 GMT

ORS/CSS is a federally funded state agency, which means that many of the actions taken by ORS/CSS are regulated and/or mandated by federal and state law. It is every parent`s legal responsibility to support his/her child, whether or not the child`s parents live together. When child support is not being paid, ORS/CSS often becomes involved. A case is opened at ORS/CSS whenever a custodial parent or relative begins receiving public assistance, or when a custodial parent or relative requests ORS/CSS to collect child support. Noncustodial parents may also apply for services. ORS/CSS does not legally represent either parent. Rather, ORS/CSS` role is to collect on behalf of the children.

What Happens If I Owe Support To Another Family Too?

Tue, 29 May 2007 21:19:00 GMT

When ORS/CSS receives a payment, the payment is applied to all current support. When support is owed to more than one custodial parent but the payment amount is not enough to cover the current support due on each case, the payment is prorated so each case receives its proportionate share.

What If I Am Not Sure I Am The Child's Father?

Tue, 29 May 2007 21:19:00 GMT

If ORS/CSS is contacting you regarding a paternity (fatherhood establishment) proceeding, it is because we have received information from the custodial parent stating that you are or may be the father of the child. If you agree that you are, paternity can be established very quickly and easily, at no additional cost to you. If you disagree or are unsure that you are the father, the most important thing to remember is DO NOT IGNORE ORS/CSS CORRESPONDENCE! If you fail to answer the legal documents, fail to show up for hearings, etc., you may be deemed the father by a court or administrative order because you have failed to respond and thereby defaulted on your opportunity to make your objections known. If you truly do not think you are the father, ORS/CSS can arrange genetic paternity tests to determine whether you are the father. Again, it is extremely important that you cooperate with ORS/CSS when you are contacted regarding a paternity claim. You may hire a private attorney at any point in time, if you wish.

What If I Can't Answer All Of The Questions In The Application Form?

Tue, 29 May 2007 21:19:00 GMT

It is extremely important that you provide as much information as possible so ORS/CSS can proceed with your case and that you cooperate with ORS/CSS in collection efforts. Often the information that you provide to us makes the biggest difference in how effectively your case is worked. Although ORS/CSS has access to many state and federal sources that provide us with addresses and other information, some of this information is outofdate by the time we receive it. We suggest that you fill out the necessary forms to the best of your ability, consulting copies of tax forms, military papers, vehicle registrations, family members and friends, etc., as necessary to find the information; then if you learn about more information later, call the Customer Service Unit (CSU) and report it. It can help our efforts to collect support.

What If I Change Jobs Or Move Out Of State?

Tue, 29 May 2007 21:19:00 GMT

By law (U.C.A. 62A11304.2(7)), you are required to keep ORS/CSS apprised of your whereabouts. If you change jobs or addresses, call the Customer Service Unit in the appropriate ORS office with the new information as soon as possible. This way, your children will continue to receive the support to which they are entitled, without interruption or delay.

What If I Don't Know If My Kids Are Receiving Public Assistance? Should I Still Pay Support?

Mon, 04 Jun 2007 21:51:22 GMT

ORS/CSS will notify you when the custodial parent begins receiving state assistance. Remember, once you find out on your own or are notified by ORS/CSS that the custodial parent is receiving state assistance, do not pay the custodial parent child support directly. All child support payments must be paid to ORS/CSS so your case can be properly credited. If you have paid the custodial parent child support directly, you must provide ORS/CSS with proof of those payments (canceled checks, receipts, etc.) in order to receive credit. Also, you will not receive credit for other money you may have given the custodial parent or the children directly, or for things you have bought the children or the custodial parent in lieu of child support. For example, you will not receive credit for paying the rent (or for buying clothes, diapers, etc.) for the custodial parent instead of paying court ordered child support. These are considered gifts, not child support.

What If My Ex-Spouse Is Receiving Public Assistance? Why Do I Have To Pay Support Too?

Tue, 29 May 2007 21:19:00 GMT

When children are receiving state assistance, ORS/CSS automatically provides child support services to the family because the amount of grant money the custodial parent receives each month accrues as a debt to the state that you (the noncustodial parent) must repay. In other words, when your children are receiving monthly support in the form of public assistance, the child support you owe for that month must go to the state to offset the debt. You will be required to repay this money until the debt is satisfied, even if the custodial parent goes off public assistance, and even if you and the custodial parent reconcile. If the child support owed during the times of public assistance exceeds the total grant amount paid to the family, the excess amount will be sent to the custodial parent.

What If My Income Goes Down Or I Lose My Job?

Tue, 29 May 2007 21:19:00 GMT

ORS/CSS will collect child support based on the amount in the order that is currently in effect. If your income permanently changes, you may wish to pursue a review and adjustment of the child support order. ORS/CSS will review orders to determine whether the amount should be modified, but usually not more often than once every three years from the last date the order was established or modified. Before you request a review, you may want to estimate what your child support payment could change to if the order is modified. To calculate the new support amount you will need a prereview packet consisting of child support guidelines worksheets, instructions and tables. To find out information about a prereview packet and to view and print copies of the necessary forms and worksheets, consult the Customer Service Unit in the appropriate ORS/CSS office if you need more information about requesting a review.

What Information Does Ors/Css Need To Proceed With A Case?

Tue, 29 May 2007 21:19:00 GMT

The more information you provide in the application, the better. Also, be sure to attach to the application copies of all appropriate legal documents, such as: birth certificates, Voluntary Declaration of Paternity documents, divorce decrees, judgments, order modifications, etc. You will be contacted if ORS/CSS needs further information to proceed.

What Is The Function Of The Office Of Recovery Services Child Support Program?

Tue, 29 May 2007 21:19:00 GMT

The Office of Recovery Services (ORS), is an agency located within the Utah Department of Human Services. Within ORS, Child Support Services (CSS), is responsible for collecting child and medical support. Services include locating parents, establishing paternity, establishing and modifying child support orders, and enforcing child support orders and medical insurance obligations. ORS/CSS can also collect spousal support (alimony) if a dollar amount is ordered with child support in the divorce decree.

What Steps are Necessary to Enter a Valid Premarital Agreement in Utah?

Sun, 12 Jul 2009 02:35:47 GMT

The Utah Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. Utah state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

Who Do I Call For More Information?

Tue, 29 May 2007 21:19:00 GMT

For more information about child support services, including processing time frames, fees, etc., please read the A Notice of Services@. Also, for general information or for information about your case, you may call the Customer Service Unit (CSU) in any of the ORS/CSS offices.

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