Utah Code 26B-9-112. Alternative payment by obligor through electronic funds transfer
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(1) The office may enter into a written alternative payment agreement with an obligor which provides for electronic payment of child support under Part 3, Income Withholding in IV-D Cases, or Part 4, Income Withholding in Non IV-D Cases. Electronic payment shall be accomplished through an automatic withdrawal from the obligor’s account at a financial institution.
Terms Used In Utah Code 26B-9-112
- Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account. See Utah Code 26B-9-101
- Child: means the same as that term is defined in Section
81-6-101 . See Utah Code 26B-9-101 v2 - Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
- Financial institution: means :(8)(a) a depository institution as defined in Section 7-1-103 or the Federal Deposit Insurance Act, Utah Code 26B-9-101
- Income: includes :
(10)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(10)(b)(ii) interest and dividends;(10)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(10)(b)(iv) unemployment compensation benefits;(10)(b)(v) workers' compensation benefits; and(10)(b)(vi) disability benefits. See Utah Code 26B-9-101- Obligor: means a person, firm, corporation, or the estate of a decedent owing money to this state, to an individual, to another state, or other comparable jurisdiction in whose behalf this state is acting. See Utah Code 26B-9-101
- Office: means the Office of Recovery Services. See Utah Code 26B-9-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The alternative payment agreement shall:(2)(a) provide for electronic payment of child support in lieu of income withholding;(2)(b) specify the date on which electronic payments will be withdrawn from an obligor’s account; and(2)(c) specify the amount which will be withdrawn.(3) The office may terminate the agreement and initiate immediate income withholding, as defined in Section 26B-9-301, if:(3)(a) required to meet federal or state requirements or guidelines;(3)(b) funds available in the account at the scheduled time of withdrawal are insufficient to satisfy the agreement; or(3)(c) requested by the obligor.(4) If the payment amount requires adjusting, the office may initiate a new written agreement with the obligor. If, for any reason, the office and obligor fail to agree on the terms, the office may terminate the agreement and initiate income withholding.(5) If an agreement is terminated for insufficient funds, a new agreement may not be entered into between the office and obligor for a period of at least 12 months.(6) The office shall make rules specifying eligibility requirements for obligors to enter into alternative payment agreements. - Income: includes :