62A-11-403 - Provision for income withholding in child support order -- Immediate income withholding.
62A-11-403. Provision for income withholding in child support order -- Immediateincome withholding.
(1) Whenever a child support order is issued or modified in this state the obligor'sincome is subject to immediate income withholding for the child support described in the orderin accordance with the provisions of this chapter, unless:
(a) the court or administrative body which entered the order finds that one of the partieshas demonstrated good cause so as not to require immediate income withholding; or
(b) a written agreement which provides an alternative payment arrangement is executedby the obligor and obligee, and reviewed and entered in the record by the court or administrativebody.
(2) In every child support order issued or modified on or after January 1, 1994, the courtor administrative body shall include a provision that the income of an obligor is subject toimmediate income withholding in accordance with this chapter. If for any reason other than theprovisions of Subsection (1) that provision is not included in the child support order the obligor'sincome is nevertheless subject to immediate income withholding.
(3) In determining "good cause," the court or administrative body may, in addition to anyother requirement it considers appropriate, consider whether the obligor has:
(a) obtained a bond, deposited money in trust for the benefit of the dependent children, orotherwise made arrangements sufficient to guarantee child support payments for at least twomonths;
(b) arranged to deposit all child support payments into a checking account belonging tothe obligee, or made arrangements insuring that a reliable and independent record of the date andplace of child support payments will be maintained; or
(c) arranged for electronic transfer of funds on a regular basis to meet court-ordered childsupport obligations.
Amended by Chapter 131, 2007 General Session