In the unfortunate event a parent falls behind on their child support, or in those difficult circumstances where a biological father was not notified that a child was born to him and thereby innocently accumulates a back child support debt, all hope is not lost. There will be opportunities to become current on the support obligation.

Obviously, no parent should ever deliberately fall behind on child support. But there may be circumstances where hardship occurs and child support debt accumulates despite the obligor’s honest efforts to remain current.

The maximum amount that the Office of Recovery Services (ORS) can garnish for ongoing child support is 50% of the obligor’s disposable income. However, ORS will work with the obligor in an effort to encourage timely payment of any arrears. If the obligor cannot pay the arrears in full, ORS may accept monthly payments towards the arrears. The minimum arrears payment will be based on 10% of the current support obligation.

This is provided for in the Utah Administrative Code as follows:

R527-300-6. Income Subject To Withholding.

Section 62A-11-406 limits the total amount of the income withheld for child support to the maximum permitted under Section 303(b) of the Consumer Credit Protection Act as cited in 15 U.S.C. Section 1673(b). In general, income withholding will be limited to withholding 50% of the obligor’s disposable income. However, if 50% does not result in withholding enough to cover the current support obligation, the office may review an obligor’s circumstances under the provisions of the Consumer Credit Protection Act to determine whether a higher percentage is permitted.

R527-300-7. Arrears Payments.

If the obligor owes back child support, ORS/CSS will work with the obligor in an effort to encourage timely payment of the debt by the obligor. If the obligor is unable to pay the debt in full, the office may accept monthly payments towards the back child support debt. The minimum arrears payment will be based on 10% of the current support obligation. Exceptions to the minimum arrears payment will be determined by the ORS or CSS Director.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.