How Is Child Support Collected?

For all child support orders entered after January 1, 1994, the Office of Recovery Services, a division of the Utah State Department of Human Services, is normally required to collect child support. In addition, where feasible the child support is to be collected by automatic income withholding from the obligor parent's paycheck. The obligor parent may also be required to pay a $7.00 check processing fee by the Office of Recovery Services to help defray the cost of automatic income withholding. Utah Code Ann. § 30-3-5.

In collecting child support, any asset belonging to the obligor (including otherwise exempt assets) may be garnished, executed against, or otherwise seized to help pay the child support. Utah Code Ann. § 78-23-10(1)(a)(i).

Also, federal and state income tax returns and unemployment checks can be (and usually are) seized in whole or part to pay child support if the obligor is not current on his support payments.

Child support payments automatically become judgments against the obligor on the date they are due if not paid and may be collected in the same manner as any other judgment. Such judgments automatically become liens on all real property owned by the obligor parent and located in the county where the child support order was entered. Utah Code Ann. § 30-3-10.6(1)(a).

Greenwood & Black 1840 North State Street, Suite 200, Provo, Utah 84604 Telephone: (801) 377-4652 Facsimile: (801) 377-4673 E-Mail: gblack@burgoyne.com