August 14, 2017
Is there a way to stop ORS from taking child support directly out of my pay checks? For the first 10 years of my husband’s divorce decree, he and his ex-wife did child support between them, he would give her a check every month. Then about 2-3 years ago she started having ORS collect the money. Can she go to ORS and have it go back to the way it was where the two of them worked it out on their own? He has never been delinquent with ORS.
There is a way to try to get the Office of Recovery Services (ORS) to stop collecting child support, but it’s not guaranteed to work; it’s at the court’s discretion and upon a showing of “good cause”. Collection of child support by ORS is a right the child support recipient can invoke under Utah law, if she wishes.
That stated, Utah Code Section 62A-11-403 provides a way to ask the court to terminate income withholding by ORS:
62A-11-403. Provision for income withholding in child support order — Immediate income withholding.
(1) Whenever a child support order is issued or modified in this state the obligor’s income is subject to immediate income withholding for the child support described in the order in accordance with the provisions of this chapter, unless:
(a) the court or administrative body which entered the order finds that one of the parties has demonstrated good cause so as not to require immediate income withholding; or
(b) a written agreement which provides an alternative payment arrangement is executed by the obligor and obligee, and reviewed and entered in the record by the court or administrative body.
(2) In every child support order issued or modified on or after January 1, 1994, the court or administrative body shall include a provision that the income of an obligor is subject to immediate income withholding in accordance with this chapter. If for any reason other than the provisions of Subsection (1) that provision is not included in the child support order the obligor’s income is nevertheless subject to immediate income withholding.
(3) In determining “good cause,” the court or administrative body may, in addition to any other requirement it considers appropriate, consider whether the obligor has:
(a) obtained a bond, deposited money in trust for the benefit of the dependent children, or otherwise made arrangements sufficient to guarantee child support payments for at least two months;
(b) arranged to deposit all child support payments into a checking account belonging to the obligee, or made arrangements insuring that a reliable and independent record of the date and place of child support payments will be maintained; or
(c) arranged for electronic transfer of funds on a regular basis to meet court-ordered child support obligations.
Eric K. Johnson, Utah Family Law, LC
Office: (801) 466-9277
Mobile: (801) 450-0183