62A-11-407 - Payor's procedures for income withholding.
62A-11-407. Payor's procedures for income withholding.
(1) (a) A payor is subject to the requirements, penalties, and effects of a notice served onthe payor under Section 62A-11-406.
(b) A payment of withheld income mailed to the office in an envelope postmarked withinseven business days of the date the amount would have been paid or credited to the obligor butfor this section satisfies Subsection 62A-11-406(3).
(2) (a) If a payor fails to comply with a notice served upon him under Section62A-11-406, the office, the obligee, if an assignment has not been made under Section35A-7-108, or the obligor may proceed with a civil action against the payor to enforce aprovision of the notice.
(b) In addition to a civil action under Subsection (2)(a), the office may bring anadministrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, toenforce a provision of the notice.
(c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce aprovision of the notice, the obligee or obligor may recover any penalty related to that provisionunder Section 62A-11-406 in place of the office.
(3) If the obligor's child support is owed monthly and the payor's pay periods are at morefrequent intervals, the payor, with the consent of the office may withhold an equal amount ateach 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 ofmultiple obligors into a single payment to the office. If such a combined payment is made, thepayor shall specify the amount attributable to each individual obligor by name and SocialSecurity 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 attorneys' fees incurred in enforcing a provision inthe notice mailed or delivered under Section 62A-11-406.
(6) Notwithstanding this section or Section 62A-11-406, if a payor receives an incomewithholding order or notice issued by another state, the payor shall apply the income withholdinglaw 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 andforward child support payments;
(d) the priorities for withholding and allocating withheld income for multiple childsupport obligees; and
(e) any term or condition for withholding not specified in the notice.
Amended by Chapter 382, 2008 General Session