In Utah the administrative agency that deals with enforcing child support obligations is called the Office of Recovery Services (ORS). Most people are aware of child support as part of a divorce but there are other scenarios in which the ORS can get involved and enforce a child support obligation. For example when the parents of a child are not married the child support obligation can obviously not be set in a divorce action and so it is taken care of in what is called a paternity action. One of the more frustrating scenarios for an ORS order is when the parties are married but they haven’t yet gone through the divorce process.
ORS Order before Divorce
If a party is separated and one of the parties has the children then that party can ask the ORS for an order of child support. The ORS requires that some documentation be provided about the incomes of the parties but the process is much simpler then court proceedings. Why this is frustrating is because it is done outside the court and does not include the same scrutiny as is required in court proceedings. There is a way to remedy this situation however, or in other words trump the ORS order for a court order. In situations like this it is important that the individual start legal proceedings such as a divorce or paternity action as soon as possible so they can get a court order in regards to child support.
Utah Divorce Lawyer | Resolving Child Support Issues
While child support is statutorily defined meaning it is based solely on incomes and custody arrangement, having it decided by the court instead of the ORS can sometimes be important. Call or email Salcido Law Firm today to get help with your child custody issues.