62A-11-406 - Notice to payor.
62A-11-406. Notice to payor.
Upon compliance with the applicable provisions of this part the office shall mail or deliverto each payor at the payor's last-known address written notice stating:
(1) the amount of child support to be withheld from income;
(2) that the child support must be withheld from the obligor's income each time theobligor is paid, but that the amount withheld may not exceed the maximum amount permittedunder Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
(3) that the payor must mail or deliver the withheld income to the office within sevenbusiness days of the date the amount would have been paid or credited to the employee but forthis section;
(4) that the payor may deduct from the obligor's income an additional amount which isequal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil Procedure,as the payor's fee for administrative costs, but the total amount withheld may not exceed themaximum amount permitted under Section 303(b) of the Consumer Credit Protection Act, 15U.S.C. Sec. 1673(b);
(5) that the notice to withhold is binding on the payor and on any future payor untilfurther notice by the office or a court;
(6) (a) that if the payor fails to mail or deliver withheld income to the office within thetime period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% ofthe withheld income, whichever is greater, for each payment that is late, per obligor; and
(b) that if the payor willfully fails to withhold income in accordance with the notice, thepayor is liable to the office for $1,000 or the accumulated amount the payor should havewithheld, whichever is greater, plus interest on that amount;
(7) that the notice to withhold is prior to any other legal process under state law;
(8) that the payor must begin to withhold income no later than the first time the obligor'searnings are normally paid after five working days from the date the payor receives the notice;
(9) that the payor must notify the office within five days after the obligor terminatesemployment or the periodic income payment is terminated, and provide the obligor's last-knownaddress and the name and address of any new payor, if known;
(10) that if the payor discharges, refuses to employ, or takes disciplinary action against anobligor because of the notice to withhold, the payor is liable to the obligor as provided in Section62A-11-316, and to the office for the greater of $1,000 or the amount of child supportaccumulated to the date of discharge which the payor should have withheld, plus interest on thatamount; and
(11) that, in addition to any other remedy provided in this section, the payor is liable forcosts and reasonable attorneys' fees incurred in enforcing any provision in a notice to withholdmailed or delivered to the payor's last-known address.
Amended by Chapter 161, 2000 General Session