Abstract
The CSEA provides additional tools for states to combat the epidemic of delinquent child support. The results should be positive; families will be better cared for and the government and taxpayers will be relieved of much of the burden of indemnifying the absent parent. Under the new income withholding and state income tax refund intercept provisions, the ORS will be better able to monitor and collect payments from the obligor. As with most new legislation, the Utah statutes contain loopholes that could prevent the collection procedures from functioning fully and effectively. Amending the withholding provisions to eliminate any delay in a delinquency determination should be a high priority. Likewise, changes in pension statutes, both state and federal, are needed to enable effective withholding of retirement benefits. Giving the obligor the benefit of the expedited process during the enforcement process would reduce some of the possible harsh, unequal effects of the new laws. The legislature should seek to eliminate any ambiguity concerning the ORS' authority to enforce the employer liability provisions. The fee structure should be reevaluated to determine its usefulness and effect on voluntary withholding. Combining the credit reporting procedures with income withholding procedures would allow for prompt reporting of delinquencies to the credit agencies. A program of public information about the services of the ORS would help families not receiving AFDC assistance to benefit from the new programs. These changes will help Utah remain in the forefront of effective child support collection.
Recommended Citation
Tumblin, Stephen M.
(1986)
"New Standards for Child Support Enforcement in
Utah,"
Utah Law Review: Vol. 1986:
No.
3, Article 9.
Available at:
https://dc.law.utah.edu/ulr/vol1986/iss3/9