26B-9-307. Payor's procedures for income withholding.

450 words·~2 min read·/ut/title-26b/chapter-9/26b-9-307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(a)A payor is subject to the requirements, penalties, and effects of a notice served on the payor under Section 26B-9-306 .

(b)A payment of withheld income mailed to the office in an envelope postmarked within seven business days of the date the amount would have been paid or credited to the obligor but for this section satisfies Subsection 26B-9-306(3) .

(a)If a payor fails to comply with a notice served upon the payor under Section 26B-9-306 , the office, the obligee, if an assignment has not been made under Section 35A-7-108 , or the obligor may proceed with a civil action against the payor to enforce a provision of the notice.

(b)In addition to a civil action under Subsection (2)(a) , the office may bring an administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act , to enforce a provision of the notice.

(c)If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a provision of the notice, the obligee or obligor may recover any penalty related to that provision under Section 26B-9-306 in place of the office.

(3)If the obligor's child support is owed monthly and the payor's pay periods are at more frequent intervals, the payor, with the consent of the office may withhold an equal amount at each pay period cumulatively sufficient to pay the monthly child support obligation.

(4)A payor may combine amounts which the payor has withheld from the incomes of multiple obligors into a single payment to the office. If such a combined payment is made, the payor shall specify the amount attributable to each individual obligor by name and Social Security number.

(5)In addition to any other remedy provided in this section, a payor is liable to the office, obligee, or obligor for costs and reasonable attorney fees incurred in enforcing a provision in the notice mailed or delivered under Section 26B-9-306 .

(6)Notwithstanding this section or Section 26B-9-306 , if a payor receives an income withholding order or notice issued by another state, the payor shall apply the income withholding law of the state of the obligor's principal place of employment in determining:

(a)the payor's fee for processing income withholding;

(b)the maximum amount permitted to be withheld from the obligor's income;

(c)the time periods within which the payor must implement income withholding and forward child support payments;

(d)the priorities for withholding and allocating withheld income for multiple child support obligees; and

(e)any term or condition for withholding not specified in the notice.

Renumbered and Amended by Chapter 305 , 2023 General Session